These Customer Personnel Terms and Conditions (the "SiFi Customer Personnel Terms") shall apply to the Customer Personnel access to the SiFi Platform and use of Supplemental Payment Cards and such other services as SiFi may make available from time to time, as applicable. These SiFi Customer Personnel Terms will be effective upon the earlier of the date the Customer Personnel accepts these terms upon accessing the SiFi Platform and the use of any Supplemental Payment Cards.
The following terms shall have the meaning ascribed to them wherever they appear in these SiFi Customer Personnel Terms unless the context requires otherwise:
2.1 In order to be eligible to access the SiFi Platform and use the Supplemental Payment Card (as applicable), Customer Personnel must
(a) be at least 18 years old.
(b) not be barred from using the services made available on the SiFi Platform or a Supplemental Payment Card (if applicable) under the laws of the Kingdom of Saudi Arabia.
(c) complete SiFi's verification process as may be determined by SiFi from time to time.
(d) have been invited and have adequate authorisations from Customer to use the SiFi Platform.
(e) meet SiFi's eligibility requirements as may be determined by SiFi from time to time.
(f) provide to SiFi current, complete and accurate information (and maintain such information current, complete and accurate) during the term of these SiFi Customer Personnel Terms.
2.2 SiFi will make available to the Customer Personnel the SiFi Customer Personnel Terms in Arabic or English (or such other language) and the terms and language chosen by Customer Personnel will apply.
2.3 Customer Personnel acknowledge that
(a) the relationship between the Customer Personnel and SiFi is limited to the Customer Personnel being licensees to access and use the SiFi Platform as SiFi makes available from time to time to Customer Personnel.
(b) the only person with rights to the Account and the Wallet Services is the Customer. Customer Personnel have no rights against SiFi in that respect.
3.1 Upon Customer Personnel being eligible and availability of the services at SiFi's discretion, Customer Personnel may use as limited users the (i) features and functionalities of the SiFi Platform made available to Customer Personnel; and (ii) Supplemental Payment Cards (if applicable).
3.2 Customer Personnel access and use of the SiFi Platform are controlled by the Customer. SiFi is only responsible towards the Customer to give the Customer Personnel such access and use rights pursuant to the Customer's instructions and depending on the features and functionalities made available by SiFi.
3.3 In the event a Customer Personnel receives a Supplemental Payment Card, such Customer Personnel shall become a Supplemental Card Holder. Customer Personnel acknowledge that their use of any Supplemental Payment Cards (if applicable) is subject to such terms and conditions and relevant policies that may be agreed between the Customer and the Customer Personnel, which should not be in contradictory to these SiFi Customer Personnel Terms and the Applicable Law.
3.4 Customer Personnel acknowledge that their use of the SiFi Platform is based on a limited, non-exclusive, non-transferable, revocable license by SiFi for the use of the SiFi Platform pursuant to these SiFi Customer Personnel Terms.
4.1 Customer Personnel must
(a) read these SiFi Customer Personnel Terms as amended and as SiFi may communicate from time to time to Customer or the Customer Personnel, and only use SiFi Platform and Supplemental Payment Cards (as applicable) upon the Customer Personnel acceptance of such terms and conditions.
(b) use the SiFi Platform and Supplemental Payment Cards (as applicable) directly without any third party as intermediary.
(c) maintain the secrecy and security of the Credentials.
(d) notify SiFi and the Customer immediately in case of any Credentials are, or are suspected to be, compromised so that SiFi can suspend the use of the Customer's Account in order to avoid unauthorized transactions.
(e) keep their information up-to-date and notify SiFi's customer service team of any change in their contact details as applicable.
4.2 Customer Personnel must not
(a) use the SiFi Platform and Supplemental Payment Cards for any illegal purpose, including but not limited to the purchase of goods or services that are prohibited under the laws of the Kingdom of Saudi Arabia.
(b) disclose the Credentials to any third party.
(c) exceed the limits (including any payment limits) applicable to any Supplemental Payment Cards.
5.1 Customer Personnel is required to have an eligible device to use the SiFi Platform. SiFi shall determine at its own discretion which devices are eligible to be used for the SiFi Platform.
5.2 SiFi is not responsible for providing any device to Customer Personnel nor warrants that any device from Customer Personnel will be eligible to access the SiFi Platform.
6.1 SiFi uses Customer Personnel's personal data in the manner set out in SiFi's Privacy Policy and as further described in these SiFi Customer Personnel Terms. By accessing the SiFi Platform and using the Supplemental Payment Cards, the Customer Personnel consents to the collection and use of its personal data in the manner set out in the Privacy Policy. If SiFi decides to change its Privacy Policy, it will post those changes on the Privacy Policy page so that the Customer Personnel is always aware of what information SiFi collects, how it uses it and under what circumstances it discloses it. Customer Personnel should check the Privacy Policy frequently for changes.
6.2 SiFi will protect the Customer Personnel's personal data and maintain its confidentiality and ensure that it has in place and maintains adequate policies, procedures and controls.
6.3 Customer Personnel acknowledges and agrees that under these SiFi Customer Personnel Terms:
(a) Customer Personnel consents to the processing, use and disclosure of Customer Personnel data.
(b) Customer Personnel personal information will be processed by SiFi pursuant to the guidelines set out in the Applicable Law.
(c) SiFi will be the controller of such Customer Personnel personal data.
(d) SiFi may use and disclose any Customer Personnel personal data (i) for SiFi performing its obligations and the provision of any services falling under these SiFi Customer Personnel Terms (including, but not limited to any transactions, currency exchanges, SiFi Payment Cards, as applicable); (ii) improving and developing SiFi's services or such services of third parties who may be contributing to the development of the SiFi Platform, subject to SiFi not permitting the identification of Customer Personnel; (iii) to send any Customer Personnel's data and account details to the Saudi Central Bank, banks and any applicable regulatory authorities; and (iv) to any third party, and by such third party to any third party to the extent reasonably necessary and whether such third parties are inside or outside of the Kingdom of Saudi Arabia, in case such use and disclosure's purpose is (1) the prevention, detection, investigation and prosecution of crime and anti-money laundering, or (2) required under the Applicable Law.
(e) SiFi may obtain and/or disclose to the Saudi Credit Bureau (SIMAH) or any other certified entities by the Saudi Central Bank any such information as may be required by SiFi at its own discretion, to prove, review or manage the Customer Personnel's use of the Supplemental Payment Cards and any other service made available via the SiFi Platform, as may be applicable.
6.4 SiFi is not a party to the transactions performed by any Customer Personnel. SiFi is neither the buyer nor the seller of the items or services offered by any third party and is not a party to the sales contract. SiFi will not mediate, enforce or execute any disputes nor agreement between the Customer Personnel and any third party.
7.1 SiFi reserves the right to impose acceptable use terms in relation to the use by Customer Personnel of Supplemental Payment Cards including the prohibition of certain categories of transactions by specifying them on the SiFi Platform (e.g., cryptocurrencies and all other virtual currencies). Customer Personnel acknowledges that any changes to the terms relating to the Account, Wallet Services, Payment Cards and Supplemental Cards remain subject to the terms agreed between Customer and SiFi and SiFi is not responsible for conveying any such changes or updates to Customer Personnel.
7.2 Customer Personnel must not use the Account for any illegal purposes including without limitation fraud and money laundering. Customer Personnel acknowledge that if any Customer Personnel conducts or attempts to conduct any transaction in violation of the prohibitions, SiFi reserves the right to reverse the transaction, and/or close or suspend the Account and/or report the transaction to the relevant law enforcement agency and/or claim damages from the Customer or Customer Personnel.
8.1 Customer Personnel acknowledge that SiFi does not charge Customer Personnel any fee for their use of the SiFi Portal in their capacity as Customer Personnel. Fees relating to the issuance and use of the Supplemental Payment Cards are agreed between Customer and SiFi.
9.1 These SiFi Customer Personnel Terms commence on the date of their acceptance by the Customer Personnel and will continue unless and until terminated in accordance with the provisions of these SiFi Customer Personnel Terms.
9.2 SiFi may terminate these SiFi Customer Personnel Terms at any time. Customer Personnel is entitled to terminate these SiFi Customer Personnel Terms by contacting SiFi as set out in section 13 below. Customer may instruct SiFi to terminate these SiFi Customer Personnel Terms in respect of any Customer Personnel if such Customer Personnel is no longer eligible or no longer Customer Personnel.
9.3 Except as otherwise agreed in writing, SiFi may terminate any features and functionalities on the SiFi Platform, the Supplemental Payment Cards, and these SiFi Customer Personnel Terms in respect of any Customer Personnel, for any reason at any time by providing prior written notice to the Customer or Customer Personnel (as applicable). Customer Personnel may stop using the SiFi Platform at any moment and Customer Personnel has no obligation to inform SiFi.
9.4 Customer Personnel acknowledge that SiFi may suspend the Account, the Wallet Services, the Supplemental Payment Cards and block access to the Account (including without limitation the funds in the Account) pursuant to the terms agreed between SiFi and the Customer without any liability to the Customer Personnel.
9.5 SiFi will not be liable to the Customer Personnel 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 the use by Customer Personnel of the SiFi Platform or the Supplemental Payment Cards, or in connection with any termination or suspension of the SiFi Platform or the Supplemental Payment Cards. Customer Personnel acknowledge that upon termination of these SiFi Customer Personnel Terms for any reason the Customer Personnel's access to the Portal (and the App) will be terminated.
10.1 Customer Personnel represents and warrants to SiFi that: (a) they are eligible to use the SiFi Platform and the Supplemental Payment Cards and have the right, power, and ability to enter into and perform under these SiFi Customer Personnel Terms and grant the rights, and authorizations the Customer Personnel grants under these SiFi Customer Personnel Terms; (b) the name identified by each Customer Personnel is true and accurate; (c) Customer Personnel will only use the SiFi Platform and Supplemental Payment Cards to transact on their own behalf and not on behalf of any other person or entity; (d) the Customer Personnel and all transactions initiated by the Customer Personnel will comply with all laws, rules, and regulations applicable to the Customer's business, including any applicable tax laws and regulations and the Customer's terms and policies applicable to Customer Personnel; (e) the Customer Personnel will not use the SiFi Platform and the Supplemental Payment Cards, directly or indirectly, for any fraudulent undertaking or in any manner to interfere with the use of the SiFi Platform, the Wallet Services and the Supplemental Payment Cards; and (f) the Customer Personnel is 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.
10.2 SiFi and its Affiliates (and their licensors) make no express warranties or representations with respect to the provision of the SiFi Platform, the Wallet Services, the Supplemental Payment Cards or any other service that SiFi may provide from time to time.
10.3 In particular, SiFi, and its Affiliates (and their licensors) do not represent or warrant to Customer Personnel that:
(a) the use of the SiFi Platform or the Supplemental Payment Cards will meet the Customer Personnel's requirements
(b) the use of the SiFi Platform or the Supplemental Payment Cards will be uninterrupted, timely, secure or free from error and
(c) any information obtained by the Customer Personnel as a result of the use of the SiFi Platform or the Supplemental Payment Cards will be accurate or reliable.
10.4 No conditions, warranties or other terms (including any implied terms as to satisfactory quality, fitness for purpose or conformance with description) apply to the SiFi Platform or the Supplemental Payment Cards except to the extent that they are expressly set out in these SiFi Customer Personnel Terms.
11.1 Nothing in these SiFi Customer Personnel Terms will exclude or limit SiFi's liability for losses which may not be lawfully excluded or limited by Applicable Law.
11.2 Subject to the preceding section above, SiFi, and its Affiliates (and its licensors), will not be liable to the Customer Personnel for any
(a) loss of profit.
(b) loss of goodwill or reputation.
(c) loss of business.
(d) loss of revenue.
(e) loss of data.
(f) any indirect or consequential losses.
11.3 Subject to the sections above, SiFi and its Affiliates (and its licensors), will not be liable to Customer Personnel for any loss or damage which may be incurred by Customer Personnel as a result of
(a) any reliance placed by Customer Personnel on the completeness, accuracy or existence of any advertising, or as a result of any relationship or transaction between Customer Personnel and any advertiser or sponsor whose advertising appears on the Portal or the App.
(b) any change which SiFi may make to the SiFi Portal or Supplemental Payment Cards, or any permanent or temporary cessation in the provision of the SiFi Platform or Supplemental Payment Cards (or any features within the SiFi Platform or the Supplemental Payment Cards).
(c) malfunction of the SiFi Platform or the Supplemental Payment Cards.
(d) the deletion of, corruption of or failure to store any communications data maintained or transmitted by or through the Customer Personnel's use of the SiFi Platform or the Supplemental Payment Cards.
(e) Customer Personnel's failure to provide SiFi with accurate account information.
(f) any fraudulent use of the SiFi Platform or the Supplemental Payment Cards by the Customer Personnel.
Customer Personnel will indemnify, defend and hold harmless SiFi and its Affiliates (and their respective employees, directors, agents and representatives) from and against any and all claims, costs, actions, suits, or demands and any related losses, damages, liabilities, judgments, tax assessments, penalties, interest, and expenses (including without limitation reasonable attorneys' fees) arising out of any claim, action, audit, investigation, inquiry, or other proceeding instituted by a person or entity that arises out of or relates to: (a) any actual or alleged breach of the Customer Personnel's representations, warranties, or obligations set forth in these SiFi Customer Personnel Terms, including without limitation any violation of SiFi's Policies; (b) any actual or alleged infringement, misappropriation or violation of SiFi's Intellectual Property Rights or any third-party rights or Applicable Law in connection with the SiFi Platform and the Supplemental Payment Cards; (c) Customer Personnel's use of the SiFi Platform and the Supplemental Payment Cards; or (d) any transaction submitted by any Customer Personnel through the SiFi Platform and the Supplemental Payment Cards.
13.1 Customer Personnel may terminate these SiFi Customer Personnel Terms if the Customer does not agree to any amendment, change or modification notified to it by SiFi, by notifying SiFi of its intention to terminate within 30 days of receipt of the relevant amendment, change or modification and after Customer Personnel ensuring Customer has paid any outstanding amounts on the Supplemental Payment Cards relevant to such Customer Personnel.
13.2 SiFi may, at any time, request any documents and/or information from the Customer Personnel that it deems necessary to enforce these SiFi Customer Personnel Terms and/or to allow the use by Customer Personnel of the Supplemental Payment Cards or SiFi Portal, and Customer Personnel agrees to promptly provide SiFi with such documents and information upon request.
13.3 Customer Personnel acknowledges that SiFi may subcontract the provision of part or all of the SiFi Portal and Supplemental Payment Cards to any third party in any jurisdiction.
13.4 Customer Personnel authorizes SiFi to rely upon and act in accordance with any notice, instruction, demand or other communication which may from time to time be, or purport to be, given by telephone, facsimile or other means by the Customer Personnel or on the Customer Personnel's behalf (the "Communications") without any enquiry on SiFi's part including, without prejudice to the generality of the foregoing, as to the authority or identity of the person giving or purporting to give the Communications and regardless of the circumstances prevailing at the time of receipt of the Communications.
13.5 SiFi shall be entitled to treat the Communications as fully authorized by and binding upon the Customer Personnel, and SiFi shall be entitled to take such steps in connection with or in reliance upon the Communications as SiFi may consider appropriate, whether the Communications include Communications to pay money or otherwise to debit or credit any Account, or relate to the disposition of any money, securities or documents, or purport to bind the Customer Personnel's type of transaction or arrangement whatsoever, regardless of the nature of the transaction or arrangement or the amount of money involved.
13.6 Customer Personnel can contact SiFi by telephoning its customer service team at 920031030, via the chat facility on the Portal or App, or by writing to SiFi by email at [email protected] or through social media.
13.7 If SiFi has to contact the Customer Personnel, it will do so by telephone, email, App-chat facility, chat bots or other methods at SiFi's discretion.
13.8 Customer Personnel may contact SiFi's customer service team in the event of having any questions, disputes, or complaints about the SiFi Portal or a Supplemental Payment Card. These SiFi Personnel Terms and Conditions are subject to the laws and regulations applicable in the Kingdom of Saudi Arabia. In the event any dispute arises between SiFi and any Customer Personnel concerning these terms and conditions that may not be amicably resolved, such dispute shall be referred to the exclusive jurisdiction of the competent courts in Riyadh, Kingdom of Saudi Arabia.