TIQMO WALLET USER AGREEMENT

Welcome to TIQMO.

Please read this Agreement carefully before using the Services. By accessing or using the Services or registering for an Account with TIQMO or opting for using the Services, you signify your consent to this Agreement. If you do not agree with any of the Wallet Terms and Conditions, do not use the Services.

In this Agreement, “you”, “your”, “yourself” and “their” refer to the user of the Services and “we”, “us”, “our”, “Tiqmo Kuwait” a Kuwaiti Limited Liability Company having registered address at Yaqoub Tower, Office B8, Qiblah, Kuwait or “TIQMO” refer to the provider of the Services.

1.         Terms and conditions   

1.1       These Wallet Terms and Conditions govern the provision of the Services by TIQMO to the individual accessing or using the Services together with the other constituent parts of the Agreement between TIQMO and you, as described below. 

2.         Definitions

2.1       The following capitalized terms shall have the respective ascribed meanings in this Agreement:

“Account” means the electronic account associated with your Wallet. For clarity, your Account is an e-money account, and you acknowledge that your Account is not a bank account and thus there is no overdraft and/or interest or mark-up facility or benefits available on your Account.

 “Affiliate” means, in relation to a party, any company or other legal entity which directly or indirectly, through one or more intermediaries, controls, is controlled by or is under the common control of a third party with such party. Affiliates will be construed accordingly.

 “Agreement” means, collectively, this Wallet User Agreement with all its Wallet Terms and Conditions mentioned herein, the Wallet Privacy Policy, Card Terms, App/Wallet  (and all information provided in it) and any other documents incorporated by reference herein.

“App” means the Services App or Wallet mobile application made available by or on behalf of TIQMO.

“Applicable Laws” means E-Money Service Provider Regulation, Anti-Money Laundering and Counter Terrorist Financing Rules issued by CBK and any other applicable laws to the usage of the Services in Kuwait or abroad including all amendments to be made from time to time to the aforesaid laws and regulations.

“Business Day” means Sunday through Thursday, excluding public holidays in Kuwait.

“Charges” mean a fee payable by a Customer in relation to a Transaction, Payment Card, Dispute Fee or otherwise, as published or notified by TIQMO from time to time on the Digital Channels and approved by a Customer before a Transaction and/or acceptance of Payment Card (as applicable).

“CBK” means Central Bank of Kuwait.

“Content” means any information (whether pictures, data or any other content) made available, displayed or transmitted in connection with the Services including, without limitation, information made available by means of Wallet Application, any third party information or posting or content made available by means of an HTML “hyperlink”, all trademarks and domain names contained in such information, and all upgrades, updates, modifications and other versions of any of the foregoing).

“Credentials” has the meaning given to this term in clause 7.4.

“Customer” means you or any other registered and approved person that holds an Account for the Services. Customers will be construed accordingly.

“Digital Channels” means: (i) websites made available by or on behalf of TIQMO from time to time, including the website available at https://www.TIQMO.com; and (ii) Wallet.

“Dispute Fee” means a fee to be charged in advance from the Customer by TIQMO for a frivolous claim. However, in case of sustainable claim, it will be refunded to the Customer. 

“Effective Date” has the meaning given to this term in clause 6.

“Exchange Rate” means currency exchange rate set by TIQMO and/or a reference rate made available to the Customer for a specific currency at the time of a transaction of international money transfer, or other products for approval of the Customer.

“Expired International Remittance” has the meaning given to this term in clause 4.5.

“Goods and Services” means all products, goods or services including, but without limitation, products that you will purchase from Merchants or other service providers where payment for such product or service is made through your Account and the Services. 

“International Remittances” means transfer of funds from your Account/Wallet to a receiver, beneficiary or a third party in a country other than Kuwait.

“KD” means Kuwaiti Dinars

“Loyalty Program” means a program initiated by TIQMO providing you with loyalty-based benefits including, but not limited to, cashback, gifts, vouchers, points, incentives, campaigns, and other similar benefits to be introduced or offered by TIQMO from time to time. “Loyalty Programs” will be construed accordingly.

“Merchant” means any person or entity offering Goods and Services to Customers and a party to a Merchant Agreement.

“Merchant Agreement” means a merchant agreement pursuant to which the Merchant agrees to accept payment for Goods and Services through TIQMO.

“Mobile Device” means a mobile device (phone/tablet etc.) that allows access to the Services through a registered SIM Card, via a webpage or Wallet on any operating system.

"Payment Cards” has the meaning given to this term in the Payment Cards Terms and Conditions.

“Payment Methods” means each method of paying for a Transaction that is offered by TIQMO as part of the Services from time to time, including (as may be made available by TIQMO from time to time) (i) using stored value credited to your Account to pay for a Transaction; and (ii) using funds from your Payment Card to pay for a Transaction or increase the stored value in your Account.

“Point of Sale” means each retail location of a Merchant or another TIQMO partner or any third-party service provider where Customers can initiate or conduct Transactions through a point of sale.

“Policies” means all our policies such as AML-CFT Policy, Compliance Policy, Consumer Funds Safeguarding Policy, Consumer Protection Policy, Cyber Security Policy, Fraud Detection Policy, IT Policy, Risk Based Customer Limit Policy, Risk Management Framework, Customer Acceptance Policy, and any other policy(s) including but not limited to procedures, guidelines, and specifications prepared by us pursuant to Applicable Laws and/or guidelines of CBK, from time to time.

"QR Code” means a quick response code issued or pre-allocated to you by TIQMO once your Account becomes active.

“Referral” means an act of directing or redirecting new customers to the App.

“Referral Reward” means a reward to be granted by TIQMO to an existing customer based on Referral.

“Security PIN Code” means your unique personal identification number created by you to access and operate your Account.

“Services” mean all services (including electronic payment services and the processing of Transactions) offered by TIQMO from time to time in connection with Wallet. The use of the Services will enable you to make payments for purchasing Goods and Services, make International Remittances, local payments or transfers through QR Code or otherwise, and receiving certain payments from other Wallet users.

“SIM Card” means the Subscriber Identity Module which enables you to use the Services when used with your Mobile Device and Wallet.

“Third Party Platform” means an online, mobile payment system and/or an electronic service created by a third-party service provider that enables you to use or avail different services through the App, including but not limited to transfer of International Remittances or any other online purchases made through a Third-Party Platform.

“TIQMO” means Tiqmo Kuwait Company (full legal name to be amended later); owner of TIQMO trademark and operator of the Services.

“TIQMO Contact Centre” means the customer service contact center established by TIQMO to receive, investigate, and resolve Customers’ queries and complaints in relation to the Services. You can also contact the customer service team across a range of channels including calling us at +965 97379750, email customerkw@tiqmo.com, chat and via other social media interactions.

“TIQMO 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 TIQMO or its Affiliates to you for download from the App. It is clarified that TIQMO Materials do not include any software, data or other materials specifically made available by TIQMO or its Affiliates under separate license terms or that were created by a third party, including without limitation software provided under an open-source license.

“Transaction or Transactions” means (i) any instruction from you to purchase Goods and Services using the Payment Methods; (ii) any instruction from you to add stored value into your Account using the Payment Methods; (iii) any instruction from you to transfer stored value held in your Account to TIQMO Wallet account of another Customer via QR Code or otherwise; (iv) any instruction from you to transfer stored value in your Account to an account nominated and held by you at a bank licensed by CBK; (v) international money transfer provided in partnership with a local foreign exchange company licensed by CBK; (vi) any other operation (including credit transactions and incoming transactions) which TIQMO may permit you to initiate in respect of your Account from time to time.

“Wallet” means the mobile wallet solution owned and operated by TIQMO consisting of a stored value account used to carry out payments and transfer funds, related products, and services.

3.         Service Description

3.1       As part of the Services, you may from time to time request the execution of a Transaction by TIQMO using one of the then-available Payment Methods in accordance with this Agreement. TIQMO will make reasonable endeavors to complete the Transaction you request, always subject to (a) your compliance with this Agreement, (b) the execution of the Transaction being compliant with Applicable Laws, and (c) the Payment Methods you designate, and the funds required to pay for the Transaction being available and authorized at the time the Transaction is processed.  You may withdraw consent and revoke a Transaction only before the Transaction is initiated by the relevant Merchant or as provided in the Applicable Laws. TIQMO shall issue electronic confirmation receipt to you to advise if a Transaction you request has been successfully completed or will alternatively inform you by electronic means if the Transaction has been rejected and/or withdrawn. A Transaction shall be considered successfully completed only upon your provision of OTP, PIN, or biometric (as applicable) and/or TIQMO issuing electronic confirmation receipt to you for such Transaction.

3.2       Each time you pay for a Transaction you request using KD equivalent amount of stored value held in your Account/Wallet (including Transactions for the purchase of Goods and Services and Transactions for redeeming stored value in your Account for KD equivalent), you hereby irrevocably authorize and direct TIQMO to debit your Account by that amount immediately upon TIQMO confirming the successful completion of the Transaction.

3.3       You hereby irrevocably authorize TIQMO to debit your Account by the amount of any then-applicable Charges upon the successful completion of each Transaction you request.

3.4       At its sole discretion, TIQMO may introduce new services or discontinue any existing Services from time to time and at any time subject to prior reasonable written notice.

3.5       You hereby declare that you are the sole and ultimate beneficiary of the account, and you are not a politically exposed person (PEP) unless declared during registration and accordingly, all Transactions from the Account must be authorized by you, using the Security PIN Code or by such other methods that TIQMO may implement from time to time. For a Transaction with a Merchant, you may be required to present your proof of identity (such as a valid passport, ID Card or a Residence Card) to affect the Transaction.

3.6       Each Transaction will be issued with a unique transaction number that is included in the confirmation electronic receipt sent to you. This transaction number is used to track and identify all Transactions carried out on your Account and you will be required to provide such transaction number if you wish to query any Transaction on your Account.

3.7       You may send payments to any other Wallet users and receive payments to your Account from any other Wallet users. TIQMO will not be liable to you in any way with respect to refusal of other Wallet users to approve any split payment request made by you in respect of any Transaction fully settled or paid by you through your Account. 

3.8       You may authorize or preauthorize merchants to charge your selected payment method using recurring or multiple payment methods. You can cancel or stop such recurring or multiple payment methods at any time by way of updating your Account settings. You will be fully responsible to pay any due recurring or multiple payment instalment prior to updating your Account settings.

3.9       Your wallet has a monthly top-up and spend limit that is listed on your homepage - from time to time this can be increased or decreased (as applicable) pursuant to Applicable Laws and at Tiqmo’s discretion. This means your monthly Wallet limit will not exceed the permissible limit. Where TIQMO receives transfer of funds into your Wallet that will exceed monthly top-up limit, we will hold the excessive amount as a pending amount and this excessive amount will automatically be transferred back into your Wallet on the first day of the next month provided that your Wallet balance does not exceed the permitted monthly limit.

3.10      Subject to relevant terms and conditions of each Loyalty Program, we may introduce or announce Loyalty Programs and/or referral rewards, from time to time, on certain Transactions and/or through certain Merchants made via App for a specific duration.

3.11      You will be informed of all Loyalty Programs and/or Referral Rewards with applicable dates which will be subject to change with prior notification to you.

4.         International Money Transfer

4.1      International Money Transfer services is provided by our local partner Al-Ansari Exchange Company, a foreign exchange company licensed by CBK.

4.2        By activating this service, you agree to be registered as a customer at Al-Ansari Exchange and acknowledge that international money transfer services are provided by Al-Ansari Exchange and acknowledge that you accept their terms and conditions which can be accessed through App, or at the following website (https://alansariexchange.com.kw/)

4.3       International Money Transfer allows you to send a money transfer to the person named by you and allows them to either (i) collect International Remittances in cash at one of our partner network’s location (the “to cash” service); or (ii) to receive International Remittances into their bank account or other type of physical or virtual account, for example mobile wallet account (“to account” service). This Agreement applies to both services, except where we say they apply to only one of them.

4.4       There are limits on the amount you can send in any International Remittances. These limits are available on our website at https://TIQMO.com and/or App. We may refuse to send the money or allow it to be collected if we reasonably believe that: (a) by doing so we might break any law, regulation, code or other duty that applies to us; (b) doing so may expose us to an action from any government or regulator; or (c) it may be linked with fraudulent or illegal activity.

4.5       You do not have the right to cancel International Remittances after the successful execution of the transaction. Subject to a Dispute Fee, you may however request a review of a (disputed) transaction by contacting TIQMO Contact Centre after initiation of the transaction.  All cancellations or approved refund requests will be subject to Exchange Rate cost, Dispute Fee and/or any additional non-refundable fees.

4.6       All International Remittances’ transactions will be made based on an Exchange Rate prior to a transaction made by a Customer. All International Remittances’ transactions will be processed when the payment is complete from your end. TIQMO does not accept the payments from third party accounts and any such payments made through third party accounts shall lead to the cancellation of the desired transaction.

4.7       If you ask us to make International Remittances using “to account” option and International Remittances was not made properly or never arrived due to clear fault on our part, we will promptly refund your money and our fee. If we can prove that the bank account provider received the money or that there was a mistake in the International Recipient’s bank account details that you gave us, then no refund will be made to you.

4.8       Applicable Laws prohibit transfer of funds without knowing a beneficiary (transferee) or without having a legal relationship with a beneficiary and/or without a legitimate purpose. Hence, you acknowledge that you know the beneficiary to whom you intend to make International Remittances.

5.         Age Restrictions 

5.1       You must be at least 18 years old to open an Account for use of the Services.

6.         Commencement and Application Process

6.1       This Agreement is valid and binding on and from the date on which TIQMO provides electronic confirmation to you that your Account/Wallet has been opened or activated (“the Effective Date”).

6.2       The application process for the Services may be completed electronically by using Kuwait Mobile ID authentication. However, depending on the information that you provided when applying for the Services, TIQMO may require you to complete all or parts of the application process in person to verify your identity and/or provide original documents. Depending on your age, your residency status, or the level of identity verification you have provided, TIQMO may place limits on which features, functionalities and/or facilities are available to you under the Services and/or place limits on your Transactions. If, and when, TIQMO introduces new features, functionalities and/or facilities within the Services, to access these, you may be required to provide additional identity verification documents in person. You shall, always, keep the information you have provided to TIQMO as part of the Services application process or otherwise (including without limitation information about your name, bank account details, residency and immigration status, passport, visa and Iqama/Resident Permit details, residential address and contact information) up to date and shall immediately advise TIQMO in writing of any changes to any such information.

6.3       Upon the imminent expiry of your Know Your Customer (KYC) or Civil ID information, you will be notified to update your information using the Kuwait Mobile ID application.  If you fail to update your information, your account will be suspended upon expiry of your KYC or Civil ID information and will only be accessible once you update your information.

7.         Liability

7.1       To the maximum extent permitted under Applicable Laws, TIQMO shall have no liability under or in connection with this Agreement  for any loss of business, loss of business opportunity, loss of revenue, loss of profits, loss of anticipated savings, loss of goodwill, business interruption, wasted expenditure or for loss of any other economic advantage however it may arise, or 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 for data loss or data corruption, or for any indirect, punitive, special, incidental or consequential loss, even if TIQMO has been advised of the possibility of such damages or losses.

7.2       To the maximum extent permitted under Applicable Laws, and subject to clause 7.1 above, the total liability of TIQMO under or in connection with this Agreement in connection with a Transaction shall be limited to the value of that Transaction.

7.3       If you are not satisfied with the quality of the Services or the manner in which it is provided, or object to any variation to the terms and conditions of this Agreement, to the maximum extent permitted under Applicable Laws your sole and exclusive remedy is to discontinue using the Services.

7.4       You shall be fully and solely liable for and bear all Charges, losses, and damages arising from any Transaction which is authorized using your Security PIN Code or OTP (one time password and/or other authentication credentials for using the Services which TIQMO may issue to you from time to time (“Credentials”), unless you have notified TIQMO in writing or through any Digital Channels which TIQMO makes available expressly for such purpose that your Security PIN Code and/or Credentials have been stolen or compromised.

If you disclose your Security PIN Code and/or Credentials to a third party, or if you fail to safeguard and protect your Security PIN Code and/or Credentials using reasonable care and as a result your Security PIN Code and/or Credentials are used by any third party to authorize one or more Transactions, then to the maximum extent permitted under Applicable Laws, you will indemnify and hold TIQMO and its employees, officers, directors and shareholders harmless for any losses, liabilities, damages, costs (excluding any opportunity cost or cost of funding), expenses (including management time and reasonable legal fees) and charges arising out of or in relation to any such Transaction until the earlier of:

(a) the time when you change the Security PIN Code and/or Credentials, and

(b) the time when TIQMO receives notification from you (in writing or through any Digital Channels which TIQMO makes available expressly for such purpose) that your Security PIN Code and/or Credentials have been compromised or stolen.

7.5       Notwithstanding the foregoing, you shall be fully and solely liable for the losses related to any Transaction where you are proven to have acted grossly, fraudulently or are otherwise found to be in breach of this Agreement.

7.6       In the event of fraud, cyber threat, loss, or theft of the SIM Card and/or Mobile Device, you are obliged to immediately notify TIQMO in writing or through any Digital Channels which TIQMO makes available expressly for such purpose of the same in order that TIQMO may freeze your Account. Charges may be applicable if your service provider requires you to replace the SIM Card and you will be responsible for the payment of such charges and for any Transaction effected up to the time you froze your Account or requested TIQMO to freeze it. You will indemnify and hold TIQMO and its employees, officers, directors and shareholders harmless for any losses, liabilities, damages, costs (excluding any opportunity cost or cost of funding), expenses (including management time and reasonable legal fees) and charges arising out of or in relation to any Transactions requested or made with your Mobile Device and SIM Card prior to TIQMO freezing your Account pursuant to your notification, as described above.

7.7       Whilst TIQMO takes utmost care in securing all communications including complying with all cybersecurity controls, please note that the confidentiality of communications via any public telecommunications network is susceptible to unlawful interception, cyber incident and/or hacking, especially through public Wi-Fi. TIQMO shall not be liable for any loss or damage whether direct or consequential arising out of any such unlawful interception or access.

7.8       TIQMO implements all appropriate cybersecurity measures and/or controls to maintain its cyber security, has in place appropriate plans and procedures to allow it to respond efficiently and effectively to a cyber security incident, and regularly review its cyber security arrangements to verify its application in practice and maintain and keep the records evidencing the same. Therefore, in the event of any cyber incident resulting in loss of your funds, TIQMO disclaims all liability whatsoever in this respect.

7.9 To the maximum extent permitted under Applicable Laws, TIQMO shall not be liable for any purchase, delivery, fitness for purpose and/or warranty of any Goods and Services purchased by you from any third party (including a Merchant) using the Account or otherwise through a wallet service. You will be bound to the sales agreement entered between you and the relevant Merchant. For any issues with the Goods and Services obtained from the Merchant, you should directly contact and register your complaints with the concerned Merchant.

7.10      Any misuse of the Services by you in breach of the Agreement shall be at your sole risk and cost. You will indemnify and hold TIQMO and its employees, officers, directors and shareholders harmless for any losses, liabilities, damages, costs (excluding any opportunity cost or cost of funding), expenses (including management time and reasonable legal fees) and charges arising out of or in relation to any third-party claim to the extent such claim relates to any breach of the Agreement. This is without prejudice to other rights and remedies TIQMO may have under the Agreement or otherwise, including its right to initiate such criminal or civil proceedings it may deem appropriate against you.

7.11      To the maximum extent permitted under Applicable Laws, TIQMO disclaims all liability whatsoever, for any non-delivery, misuse or miss-delivery or for any interruption, suspension, cyber security incident or termination of Services.

7.12      SERVICES AND ITS CONTENTS ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTY OR REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED. WE SPECIFICALLY DISCLAIM ALL WARRANTIES AND REPRESENTATIONS IN ANY CONTENT TRANSMITTED ON OR IN CONNECTION WITH SERVICES OR ON SITES THAT MAY APPEAR AS LINKS ON OUR APP, OR IN THE PRODUCTS PROVIDED BY THE THIRD PARTIES INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR PURPOSE OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY US OR ANY OF OUR AFFILIATES, EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, OR THE LIKE WILL CREATE A WARRANTY. 

7.13      We are not responsible for material or information contained in any third-party Content that is accessible or provided through or in connection with the Services. The Customer is solely responsible for all Content that he/she transmits by any means, and for determining the suitability of all accessed Content.   

7.14      At its sole discretion TIQMO reserves the right to screen Transactions and to reject any Transaction (a) which TIQMO determines in its sole discretion would violate Applicable Laws or the Policies and/or its partner financial institutions, or (b) if TIQMO suspects you are in breach of the Agreement, or that fraudulent or illegal activity is taking place. TIQMO shall bear no responsibility for a Transaction which TIQMO rejects in accordance with this clause 7.14. TIQMO will provide you with electronic notification of any Transaction which is rejected, and where possible, the reasons for such rejection.

7.15      To the maximum extent permitted under Applicable Laws, TIQMO will not be liable to you for any losses you suffer or costs you incur due to:

(a)        You are unable to access or use the Services, and TIQMO makes no commitment on the availability of the Services and shall not be liable for any planned (about which TIQMO will try to notify you in advance to the extent possible including specifying a time for rectification of such planned outage(s)) or unplanned outages;

(b)        Any device (including your Mobile Device), hardware or software you use in connection with Services being damaged, corrupted, hacked or fails to work;

(c)        Services not working as you expect, not meeting your requirements or containing errors or defects or TIQMO failing to correct these in any specified time; and

(d)        A reduced level or failure of third-party service providers to provide any services including but not limited to software providers, mobile operators, merchants and payment schemes etc.

7.16      To the maximum extent permitted under Applicable Laws, TIQMO shall not be liable for any Transactions which it rejects because of insufficient funds in your Account or, if you have elected to use another Payment Method to fund the Transaction, lack of authorization for sufficient funds for any reason.

7.17      Nothing in this clause 7 or elsewhere in this Agreement shall operate to limit or exclude the liability of either party which cannot be limited or excluded under Applicable Laws.

7.18      The provisions of this clause 7 (Liability) shall survive the termination of the Agreement.

8.         Representation and Warranties

8.1       You represent and warrant that all information provided by you to TIQMO, including information provided in the Application, is true and complete, and that it is not misleading.

8.2       You and all Transactions initiated by you will comply with Applicable Laws and you will not use Services, directly and indirectly, for any fraudulent undertaking, money laundering, financing terrorism or in any manner that interferes with fair use of the Services.

8.3       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, locally or internationally.

8.4       Any breach of undertaking, warranty, or representation by you will entitle TIQMO to suspend or terminate the Services and this Agreement with immediate effect and claim any contractual and other damages for such breach.

8.5       You only use the App for the Services intended under this Agreement. Any misuse or abuse of App and/or Services will entitle TIQMO to suspend and/or terminate the Services forthwith. 

9.         Customer's Obligations

9.1       You undertake to:

9.1.1     always protect the secrecy of the Security PIN Code and Credentials and ensure that the same is not revealed or disclosed to any third party whomsoever. In the event you become aware or suspect that your Security PIN Code and/or Credentials have been compromised or disclosed to another person or entity, you are obliged to immediately change the Security PIN Code and/or Credentials and notify TIQMO (through any Digital Channels which TIQMO makes available expressly for such purpose or by contacting TIQMO Contact Centre);

9.1.2     use only your Security PIN Code and Credentials for accessing the Services and you must ensure the secrecy of the same and safeguard by taking protective measures such as changing your Security PIN Code and Credentials from time to time to enhance security.

9.1.3     keep your Mobile Device, and SIM Card, safe at all times and if any unauthorized use, fraud, loss or theft occurs (or you suspect has occurred) immediately freeze your Account (if you are able to do so) and report such occurrence to TIQMO. Upon receiving such information, TIQMO will disable your Account to prevent further use of the Services until the same has been replaced or a new Security PIN Code has been created by you. Notification of any fraud, loss or theft of the Mobile Device or SIM Card may be given by any Digital Channels which TIQMO makes available expressly for such purpose or contacting TIQMO Contact Centre;

9.1.4 You agree that you are required by Applicable Laws to notify TIQMO without undue delay, and in any event no later than six (6) months after the debit date, on becoming aware of any unauthorized or incorrectly executed Transaction; 

9.1.5     ensure that you comply with any Kuwait restrictions for downloading, using or otherwise exporting App(including any encryption keys or similar content stored in Wallet ) subject to the Applicable Laws and Policies;

9.1.6     only download  App from a site or online store which is approved by TIQMO;

9.1.7     comply with the rules appropriate for any other network that you access through the Services.

9.1.8     not carry out or allow any intellectual property rights infringement;

9.1.9     not remove, obscure, or alter TIQMO’s or any third party’s copyright, patent, trademark, or other proprietary rights notices affixed to, contained within, or accessed using  App;

9.1.10   use any TIQMO or third-party Content made available through the Services solely for your personal use (if you are an individual) or internal business purposes, unless otherwise agreed by TIQMO. You agree not to use, copy, display, distribute, modify, broadcast, translate, reproduce, reverse engineer, reformat, incorporate into advertisements and other works, sell, trade in, promote, create derivative works, or in any way exploit or allow others to exploit any part of the Services, App or any Wallet Content in whole or in part except as expressly authorized by TIQMO;

9.1.11   not attempt to derive income from the use or provision of the Services without being authorized by TIQMO;

9.1.12   not use the Services in any manner which could damage, disable, overburden, or impair any Services or Wallet network, or any third-party networks connected to any Services or interfere with any other party or customer's use and enjoyment of any Services;

9.1.13   not attempt to gain unauthorized access to the Services or Account or any other third-party networks linked through Wallet by hacking, reverse engineering or any other unauthorized means;

9.1.14   comply with any instructions regarding use of the Services as TIQMO may from time to time consider necessary to issue in order to maintain the integrity, quality and safety of the Services for all Customers and such instructions shall be binding upon you and be deemed to form an integral part of the Agreement;

9.1.15   not use the Services or the  App in any unlawful manner, for unlawful purposes or in any manner inconsistent with this Agreement, or act fraudulently or maliciously;

9.1.17 be solely responsible for all content shared by you with other Customers and acknowledge that all communications made through your account are attributed to you;

9.1.18 avoid infringing TIQMO and/or any third party’s copyright, trademark, trade secrets or other intellectual property rights, or rights of publicity or privacy;

9.1.19   refrain from introducing into or through  App or otherwise into the wallet service any computer virus, ‘trojan horse’, worm, logic bomb, back door, malware or similar item whose purpose or possible function is to disable a computer or network or adversely affect its performance;

9.1.20   ensure your device’s security when accessing or using Wallet by any means available, including but not limited to using appropriate virus-scanning software;

9.1.21   cooperate in any investigation conducted by TIQMO or a governmental or regulatory body in connection with the Services, and provide confirmation of your identity or of any other information requested by TIQMO or a governmental or regulatory body; and

9.1.22   refrain yourself from taking any action that may cause TIQMO to lose any business.

9.2       No conditions, warranties, or other terms (including any implied terms as to satisfactory quality, fitness for purpose or conformity with description) apply to the Services except to the extent expressly set out in the Agreement.

9.3.1 In case you are an expatriate, and plan to leave the country on final exit, you shall solely be responsible for contacting TIQMO Contact Centre and reporting your final exit along with an account closure request as soon as possible to close your Account.

9.3.2 You can retrieve your funds, transfer them to your bank account or contact TIQMO Contact Centre.

10.       TIQMO’s Obligations

10.1      TIQMO will provide the Services as it makes available from time to time to the Customer in accordance with this Agreement and to the extent permitted under Applicable Laws.

10.2      Subject to clause 6, TIQMO shall use reasonable endeavors to ensure the correct execution of each Transaction which is requested in accordance with this Agreement and complies with the requirements of this Agreement and Applicable Laws.

10.3      Subject to clause 6, in the event TIQMO completes a Transaction which results in the debiting of your Account but which Transaction is not authorized by the use of your PIN Code or Credentials (or which is processed using your PIN Code or Credentials after you have notified TIQMO that your PIN Code and Credentials have been compromised or stolen and TIQMO has not frozen your Account), TIQMO shall, subject to investigation, refund the full amount by which your Account was debited. However, where the processing of a Transaction is the result of fraud and/or negligence by you or any third party acting on directions by or in collusion with you, TIQMO shall have a right to reverse such refund. You may however request TIQMO for provision of any documentary evidence where TIQMO exercises its contractual right of reversal of a disputed refund.

10.4      TIQMO shall use reasonable endeavors and have in place and comply with systems, Policies and practices reasonably designed to ensure that any stored value in your Account is not accessible to third parties (except where the third-party gains access through use of your PIN Code, Credentials, Mobile Device or SIM Card). Subject to clause 6, where your Account is debited with an amount of stored value without the use of your PIN Code or Credentials, and such unauthorized debiting is directly and solely caused by failure by TIQMO to comply with the preceding sentence, TIQMO shall , subject to investigation,  may refund the full amount by which your Account was debited, except where the debiting was the result of fraud by you or any third party acting on directions by or in collusion with you.

10.5      TIQMO shall not be liable for any errors made by a Customer where a Customer initiated a Transaction and specified an incorrect unique identifying reference number for the beneficiary and/or incorrect bank details. If a Customer made such an error, TIQMO shall make reasonable efforts to recover or retrieve the funds from the incorrect recipient of the funds and/or the recipient’s payment service provider subject to charging a fee.

11.       Data Collection & Protection Policy

11.1      TIQMO is concerned about the privacy of your personal information and data and is committed to protecting your personal information in accordance with our privacy policy annexed to this Agreement (“Wallet Privacy Policy”) and the Applicable Laws. Wallet Privacy Policy forms part of this Agreement, and you confirm you have read, understood, and accepted the terms of the same.

11.2      You agree that your personal information provided to TIQMO (other than any user identification data and transaction records) may be used and retained by TIQMO, and that, to the fullest extent permitted under Applicable Laws, TIQMO may use, process, disclose and transfer your personal information (other than any user identification data and transaction records) for the purposes of providing the Services and/or other services including marketing and research purposes to TIQMO agents, contractors, any telecommunications operators, any third party service providers, any third party collection agencies, any credit reference agencies, any security agencies, any credit providers, banks, financial institutions, TIQMO professional advisers, our Affiliates, any other persons under a duty of confidentiality to TIQMO, and any of TIQMO actual or proposed assignees or transferees of TIQMO rights.

11.3      You agree and acknowledge that TIQMO (a) shall retain and store user identification data and transaction records within Kuwait, and (b) may disclose such data and records to governmental and regulatory bodies or pursuant to a court order.

11.4      You accept that TIQMO may disclose or receive personal information or documents about you or other related Know Your Customer (KYC) information provided by you to TIQMO:

(a) to and from local law enforcement or any competent regulatory or governmental agencies to assist in the prevention, detection or prosecution of criminal activities or fraud;

(b) to facilitate TIQMO’s ability to fulfil legal, governmental, or regulatory requirements; and

(c) to TIQMO’s legal representatives or auditors or to the applicable court in connection with any legal or audit proceedings (notwithstanding that any such proceedings may be of a public nature).

11.5      You consent and hereby authorize that your communications and preferences connected to your use of the Services may be monitored or recorded for use in business practices such as quality control, training, ensuring effective systems operation, prevention of unauthorized use of our telecommunications system and detection and prevention of crime.

11.6      By using the Services, you consent to TIQMO accessing information about your Mobile Device for the purpose of registration and authentication when using App. You consent to the Services and Wallet  using cookies which are needed for them to work effectively.

11.7      Certain elements of the Services may make use of location data sent from your Mobile Device. You can turn off this function at any time by turning off the location services settings on your Mobile Device. If you use these elements of the Services, you consent to TIQMO and its partners' and licensees' transmission, collection, maintenance, processing and use of your location data and queries to provide and improve location-based and road traffic-based products and services. You may withdraw this consent at any time by turning off the location services settings on your Mobile Device.

11.8      Access to Google Maps / Google Earth APIs or any other third-party software through Wallet  such as Apple Pay and other wallets (iOS and Android versions), if applicable, is subject to you accepting separate terms and conditions or entering an end user license agreement with such third parties, at your sole discretion, and TIQMO bears no responsibility of whatsoever kind with respect to such third-party services, or with respect to providing to you any elements of the Services which rely on or require the use of third-party services which are not made available for use by you (whether as a result of you declining the applicable third-party license agreement or otherwise).

12.        Charges

12.1      Charges payable for the execution of each Transaction will be deducted from your Account upon successful completion of each Transaction. The [typical] Charges to be imposed for Transactions are available in Schedule 1 annexed to these terms and conditions, or on the Digital Channels and/or shown in transaction history of your Account and may be updated from time to time by TIQMO subject to an advance thirty (30) days written /electronic notice. The Charges may also be updated due to changes to the Customer Charges and fees tariff established by concerned governmental authorities from time to time. You will be advised of the Charges which will apply to a Transaction you request before the Transaction is completed and given an opportunity to cancel it if you do not agree with such Charges. However, TIQMO shall not reimburse you for any Charges which you have accepted, except where a Transaction is reversed in the circumstances described in clauses 9.1.3 to 9.1.5 above. You may check the balance on your Account at any time using any then-available interfaces on the Digital Channels.

12.2      To the extent permitted by Applicable Laws, we may set off against your balance in your Account or debit your funding instrument for any obligation you owe us under this Agreement, including without limitation any fees or Charges (“Deductions”). All Deductions are charged at the time we process a Transaction and are deducted first from the transferred or collected funds and thereafter from your balance. If you owe us an amount that exceeds your balance in your Account, we may charge or debit the funding instrument, or you will pay us the full amount of the outstanding Deductions upon receipt of our invoice. You will be liable for and pay us upon invoice all costs associated with collection in addition to the amount collected, including without limitation attorneys’ fees, court costs, collection agency fees, and any applicable penalty.

12.3      In the event there is an error in the processing of any Transaction, you authorize us to initiate debit or credit entries to your Account to correct such error, provided that any such correction is made in accordance with Applicable Laws.

13.        License and Right to Use 

13.1      Otherwise than as expressly stated in this Agreement, no rights in or license to any intellectual property rights (including any patents, designs, know-how, trademarks or copyright) of either party are granted, transferred or implied by the Agreement.

13.2      TIQMO grants you a personal, limited, revocable, non-exclusive, and non-transferable license to access and use the Services and Wallet  only as expressly permitted in this Agreement and for the duration of this Agreement.

13.3      Any violation by you of this Agreement shall be deemed to be also a breach by you of the license granted by TIQMO under clause 13.2 and may result in the immediate termination of this Agreement and/or your right to use the Services, as well as potential liability for copyright and other intellectual property rights infringement.

13.4      You hereby irrevocably grant TIQMO a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, sub-licensable and transferable license and right to use any Content that you choose to submit via the Services (such as, without limitation, feedback and comments), and all intellectual property rights therein for any purpose or use by TIQMO. For the purpose of this Agreement, “use” means use, copy, display, distribute, modify, translate, reformat, incorporate into advertisements and other works, promote, create derivative works, and in the case of third-party services, allow their users and others to do the same. You grant TIQMO the right to use the name or username that you submit in connection with the Services. You irrevocably waive, and cause to be waived, any claims and assertions of moral rights or attribution against any third-party services and TIQMO’s and its users with respect to any Content you submit through the Services.

13.5      You will indemnify and hold TIQMO and its employees, officers, directors, and shareholders harmless for any losses, liabilities, damages, costs (excluding any opportunity cost or cost of funding), expenses (including management time and reasonable legal fees) and charges arising out of or in relation to any claim, allegation, proceeding, or action relating to the Content that you submit through the Services.

14.        Assignment

14.1      The Services are provided exclusively for the registered Customer; accordingly, the Customer may not assign or transfer this Agreement to any third party. TIQMO may assign, novate and/or unilaterally transfer the Agreement to an Affiliate or to any successor company (whether by merger, consolidation or otherwise) without the prior written consent of the Customer, upon written notification.

15.       Termination and Discontinuation

15.1      TIQMO may, at any time (a) block, restrict and/or suspend your use of your Account, the Services and/or Wallet without notice, and/or (b) terminate this Agreement immediately effective on notice provided through the Digital Channels, in each case for any reason or no reason, including if you violate this Agreement or TIQMO suspects fraudulent activity and/or money laundering, financing terrorism or your use of Services is neither fair nor legitimate. You agree TIQMO will not be liable to you or any third party for doing so.

15.2      You may terminate the Agreement in respect of the Services at any time for convenience by deactivating your account and uninstalling  App, (including in circumstances where TIQMO has modified or updated the Agreement in a manner that you do not agree with).

15.3      If you deactivate your account or TIQMO terminates the Services, you will be required to first redeem any remaining stored value in your Account by a) through applicable channels provided by TIQMO, b) transferring to a bank account or as advised by TIQMO Contact Centre.

15.4      If you lose access to your mobile phone account and/if the mobile number is assigned to another user TIQMO will cease your account and move it to a suspended status. You will have the right at any time to reclaim your account and all the stored value by using a valid mobile number to reclaim your account. In this case you may:

(a)        register a new account, retrieve your old account and continue to enjoy the Services; and

(b)        register a new account, retrieve your old account, redeem the remaining stored value and terminate the Services.

15.5      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 Services, or in connection with any termination or suspension of the 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 through the date of termination with respect to the Services; and (b) your access to the App will be terminated. In addition to any payment obligations under this Agreement, and any other terms which by their nature will survive the termination or expiration of this Agreement, the following sections of this Agreement survive and remain in effect in accordance with their terms upon the termination of this Agreement.

16.       Third Parties Websites & Services

16.1      We may display, include, or make available third-party content (including data, information, applications and other products services) or provide links to third-party websites or services (“Third- Party Services”).

You acknowledge and agree that we shall not be responsible for any Third-Party Services, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. We do not assume and shall not have any liability or responsibility to you or any other person or entity for any Third-Party Services.

            Third-Party Services and links thereto (if any) are provided solely as a convenience to you, and you access and use them entirely at your own risk and subject to such third parties’ terms and conditions.

16.2      This Agreement applies only to the Services. All third parties are not operated or controlled by us. We are not responsible for the content, accuracy or opinions expressed in such websites, and such websites are not investigated, monitored, or checked for accuracy or completeness by us. Please remember that when you use a link to go from the Services to another website, TIQMO’s Wallet Terms & Conditions are no longer in effect. Your browsing and interaction on any other website, including those that have a link on our platform, is subject to that website’s own rules and policies. Third parties may use their own cookies or other methods to collect information about you.

16.3      All third-party services or products will be subject to terms and conditions of relevant service provider(s) and you agree to such terms and conditions available to review on the website or Third-Party Platform (as applicable).

16.4      We are neither responsible for any failure (technical or otherwise) of the Third-Party Platform nor your inability to use the Third-Party Platform for any Transaction nor for the performance or non-performance of the Third-Party Platform and/or any services to be rendered by them. We disclaim all liabilities of whatsoever kind in this respect.

16.5      In the event of a conflict between any terms and conditions of a third party and the terms and conditions of this Agreement, the terms and conditions of this Agreement will prevail over the conflicting terms and conditions of such third party.

17.       Waiver

17.1      You acknowledge that in entering into this Agreement you have not relied on any representation, warranty, collateral contract or other assurance (except those set out in this Agreement) made earlier by or on behalf of TIQMO. You hereby waive all rights and remedies which, but for this clause 17.1, might otherwise be available to you in respect of any such representation, warranty, collateral contract or other assurance.

17.2      You agree that no failure or delay by TIQMO to enforce, or exercise, or any partial, single or defective exercise or enforcement or, any right, remedy, power or privilege given to TIQMO pursuant to this Agreement shall constitute a waiver or partial waiver of any such right, remedy, power or privilege or operate to prevent the exercise or enforcement of any further right, remedy, power or privilege at any subsequent time.

18.       Complaints Handling Process

18.1      If you wish to make a complaint about the Services, you can make a complaint by notifying us by contacting TIQMO Contact Centre. We will ensure that all complaints are handled and addressed in a fair and timely manner. We will confirm receipt of your complaint within a period of forty-eight (48) hours (or as required by Applicable Laws) from the time of receipt (unless you notify us that the complaint has been resolved). We will respond to you with a decision regarding your complaint within fourteen (14) calendar days from the date we receive the complaint pursuant to Applicable Laws.

19.       Governing Laws & Dispute Resolution

19.1      This Agreements is construed and governed by the laws of Kuwait.

19.2      This Agreement and any non-contractual obligations arising out of or in connection with this Agreement shall be governed and interpreted in accordance with the laws of Kuwait. All disputes arising from or related to this Agreement shall be determined in accordance with the dispute resolution procedures established by CBK from time to time.

20.       Partnership

20.1      Nothing in this Agreement is intended to or creates any type of joint venture, employee-employer, escrow, partnership, or any fiduciary relationship between you and us or our Affiliates. Further, neither party shall be deemed to be an agent or representative of the other by virtue of this Agreement. Neither party is authorized to, or will attempt to, create, or assume any obligation or liability, express or implied, in the name of or otherwise on behalf of the other party.

20.2      Without limiting the generality of the foregoing, neither party will enter into any contract, agreement, or other commitment, make any warranty, or guaranty, or incur any obligation or liability in the name of or otherwise on behalf of the other party.

21.       Severability

21.1      If any provision of this Agreement is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under Applicable Laws and the remaining provisions will continue in full force and effect.

22.       Amendments

22.1      We have the right to revise and amend the terms and conditions from time to time subject to a prior written notice of thirty (30) days. Your continued use of or access to our App and/or initiating a Transaction following the posting of any changes within thirty (30) days to these terms and conditions constitutes your acceptance of those changes.

22.2      You acknowledge that it is your responsibility to immediately discontinue use of the Services if you do not agree to any update or modification to this Agreement.

23.       Entire Agreement

23.1      This Agreement, including without limitation the Policies, Privacy Policy and Payment Cards Terms and Conditions 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.

24.       Language

24.1      The Arabic language of this Agreement shall be controlling in all respects and shall prevail in case of any inconsistencies with translated versions, if any. Any other language versions of this Agreement are provided for convenience only.