Terms of Service
1. Introduction
Applicable Terms: These terms of use are between CWallet Services W.L.L
(“CWallet” or “we”), and you (“you” or “your”). Please read each of these CWallet
terms of use (“Terms”) carefully, as they contain important information about your legal
rights, remedies, and obligations. These Terms constitute a legally binding agreement
between you and CWallet governing your access to and use of the CWallet mobile
application (“CWallet App”) and CWallet Services (as defined above). If you do not
understand these Terms or do not accept any part of them, then you should not use
the CWallet Services. You understand and agree that CWallet reserves the right to
update any of these Terms from time to time. You must ensure that you keep yourself
up-to-date and read the Terms at close intervals.
2. Contact
If you have any questions about the CWallet Services, your CWallet Account (as
defined below), or these Terms please get in touch with us via the app or by emailing
us at [email protected] (“CWallet Contact Center”)
3. Am I eligible?
You must be at least 18 years of age to open CWallet Account or use CWallet Services,
have a valid Qatari ID, be able to form legally binding contracts under applicable law,
and you are not barred or otherwise legally prohibited from accessing or using CWallet
Services under the laws of the State of Qatar.
4. Third-Party Terms and Conditions
CWallet may facilitate the provision of third-party products or services to you within
CWallet App. In order to use these third-party products or services, you may need to
accept additional terms and conditions and meet additional requirements.
5. Opening a CWallet Account
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(a) You acknowledge the validity of the data and information included in the
application for electronic services, and you bear any responsibility that results
in the event that any of this data or information is incorrect. All liability shall be
solely borne by you.
-
(b) To open an account in CWallet (“CWallet Account”), you will be required to
submit certain (or specific) personal information including but not limited to
your Qatari ID front, back, and a ‘real-time’ video of yourself holding the Qatari
ID (via the app) to validate your identity, address, work, etc. We may also ask
you for additional information or documents to help us identify you. In case you
are asked to upload your passport as an identification document, the passport
shared by you must be ICAO compliant. Visitors who do not hold a valid Qatari
ID and wish to open a CWallet Account must have a valid visa issued by the
Ministry of Interior.
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(c) We may also ask you to update and verify your information from time to time.
This is so that we can be sure that the only person who can access your E-Wallet is you.
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(d) We keep our right to revise and approve or reject your account opening
request.
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(e) We may delay, suspend or block your access to your E-Wallet (at any time
without notice) until you comply with this information request or other
verification steps.
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(f) We may also, from time to time, be required to undertake financial crime
screening to comply with applicable laws or regulations, in such circumstances,
you agree to cooperate with any requests for information.
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(g) If you don’t provide (or maintain) accurate, complete, and up-to-date personal
information it may result in your inability to access and use the E-Wallet without
notice.
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(h) You agree to maintain the security and secrecy of any usernames and
passwords associated with your E-Wallet.
6. Electronic Know Your Customer (“KYC”) Checks
You will be able to complete Electronic KYC checks. You will have the option to upload
valid documents to the application, which will be scanned on AML/CFT software.
7. CWallet Services
By opening an account with CWallet you shall have access to the following services
(without limitation):
8. Withdraw; Refunds of e-money
- (a) You may withdraw your e-money by making a request to withdraw money. E-money can be withdrawn and transferred directly to your local bank account or
by visiting CWallet office at its headquarters.
- (b) CWallet shall provide refunds of e-money balances in your CWallet Account
should you decide to close your CWallet Account, no longer wish to use the
CWallet Services, or were wrongly charged due to technical discrepancies or if
for any reason the scheme is being wound-up or is directed by QCB to be
discontinued.
- (c) CWallet shall refund the sum without any additional cost other than what is
necessary to complete the refund transaction within 30 (thirty) days from the
date the claim is made.
- (d) Refunds in case of failed / returned / rejected / cancelled transactions may be
credited to the respective CWallet Account immediately even if such credit of
funds results in exceeding the prescribed limits.
- (e) Any CWallet Account that is inactive for a period of 6 (six) months shall be
placed in a dormant accounts list. We shall notify you of our intention to
suspend your CWallet account before placing it on the dormant accounts list.
- (f) Any unclaimed money in the dormant CWallet Account shall be subject to the
regulations in force for handling unclaimed deposits in accordance with the
provisions of the instructions on blocked deposits and unclaimed funds in the
“Instructions to Banks 2013” and any law replacing or amending it.
- (g) Refunds of any balances in the CWallet Account in case of death of the account
holder shall be processed in line with the provisions of the instructions in force
in this regard.
- (h) No withdrawal or transfer transaction from the suspended E-Wallets shall be
accepted unless you in person or your authorized representative under a power
of attorney or a duly accredited authorization (and the authorized signatory whocan sign the E-Wallets)
visits CWallet office in our headquarter. Minors are
excluded from this clause, where their guardians are entitled to do that on their
behalf.
- (i) No credit or debit transactions shall be considered a reason to re-open the
suspended E-Wallet except as stipulated in clause 8(j) below.
- (j) If you or your legal representative visit CWallet office with the intention of
reopening the suspended E-Wallet or withdraw the remaining balance, CWallet
shall re-open the E-Wallet or liquidate the available balance after verifying your
or your legal representative’s identity and signing a certificate affirming the
balance validity on the date of signing.
9. CWallet’s Roles and Responsibilities
You understand and agree to the following:
- (a) CWallet is committed to maintain the confidentiality of all data and information
that might be handed over by you. CWallet is also committed to preserve the
confidentiality of all operations performed by you through any of the electronic
mediums used in providing the service. CWallet and you are committed not to
disclose any of the above except according to the Qatar laws, or for applying
any sentences, or abiding orders or regarding terms and conditions of using the
CWallet Service.
- (b) CWallet is committed to make sure that the credentials shared by you are never
shared with any other third party.
- (c) You agree and acknowledge that CWallet can submit or disclose all or some
information and documents related to your account/accounts to any of its
branches, and/or agents and/or any of the entities that provide technical or
financial services or regulatory authority upon request, according to what
CWallet sees adequate and necessary.
- (d) CWallet has the right to record phone calls received on the numbers dedicated
to CWallet Contact Center and to keep it.
- (e) CWallet at any time has the right to terminate the service, without any liability
to you or any third party. CWallet has the right to amend any terms and/ or
conditions of using the service, and any amendment will be applicable to you
once notified through any of the means seen adequate by CWallet as long as
the change has been notified, and in case you do not accept any of these
amends or changes you must inform CWallet of your wish to terminate contract
within 30 (thirty) days from the date of receiving notification, and you must stop
right away execution of any transactions and to submit to CWallet a request to
close your E-Wallet and execute needed settlements including payment of any
dues and refunding any remaining amounts owed to you in your balance and then follow same procedures of cancellation.
- (f) In case any information or data related to you is changed, you are committed
to inform CWallet right away of the change.
- (g) CWallet has the right to change the maximum limit of withdrawals or payments
or any other transactions as CWallet sees adequate and is committed to inform
you with the means it sees adequate.
10. Your Use of the CWallet Account
- (a) Your use of the CWallet App is governed by these Terms. If you use the Wallet,
you are agreeing to the Terms. If you don’t agree to the Terms, you should not
continue to use or access the E-Wallet.
- (b) You may not authorise third parties to use your E-Wallet. You can only have
one E-Wallet. You may not assign or otherwise transfer your E-Wallet to any
other person or entity.
- (c) You agree to only use the CWallet App for lawful purposes and you will always
comply with all applicable laws when you are using them.
- (d) Once you have completed the CWallet Account opening procedures, and after
verification of your identity, CWallet will send SMS to you confirming the
CWallet Account opening and notifying you. You agree and acknowledge that
the account username and password shall be kept under your own
responsibility.
- (e) CWallet keeps its right to revise and approve or reject your account opening
request.
- (f) CWallet keeps its right to verify any kind of false play at any time while the
CWallet Service is up and running.
- (g) The account has to be linked to a mobile line number provided by any of the
active mobile networks in Qatar, and this line has to be owned by you and in
your actual possession. The mobile line number should not be registered with
another e-wallet from a different local service provider. In case the mobile line
number is already registered with another e-wallet the owner of the mobile line
number shall be notified to unsubscribe.
- (h) You are committed to always keep your password under your self-control, and
according to this, you will be solely responsible for disclosing any data or
information related to you or any of your accounts if this disclosure is the result
of a mistake, shortcoming, or negligence at protecting your password.
- (i) You are solely responsible for all activity in your E-Wallet even as a result of
loss, damage or theft of the device through which you access the CWallet App.
- (j) You shall be notified of all transactions that you have made using CWallet
Services via SMS that includes transaction data on your mobile phone.
- (k) You admit your responsibility for all transactions and operations executed on
the E-Wallet as long as these transactions and operations have been executed
through the account linked to the E-Wallet and using the password, and our
books and records shall act as evidence against you and anyone else.
- (l) You acknowledge that CWallet is not responsible for any costs or burdens that
may occur as a result of the internet service / mobile phone network problems,
malfunctions or outages.
- (m) CWallet will not be responsible for any losses or damages that can affect you
because of the misuse of the service or because of any mistake done or any
damage that might happen from your side, or because of the insufficiency of
the E-Wallet fund, or any other reason related to you, or because of any
problems or malfunctioning that might occur on the CWallet App.
- (n) You acknowledge that CWallet is not responsible for any mistakes made by
you in case you initiate a payment process using incorrect beneficiary (“Payee”)
details or incorrect bank details. However, CWallet will make reasonable efforts
to recover funds from the wrong recipient of funds.
- (o) You acknowledge that CWallet is not responsible for any costs or burdens that
may occur as a result of the internet service / mobile phone network problems,
malfunctions or outages.
- (p) CWallet will not be responsible for any entities’ refusal of available balance as
a payment method and will not be responsible for goods or services that you
will acquire using this balance. Any complaint from you in this issue, you will
have to resolve it with this entity directly, and CWallet’s role will be limited only
in this regard to add any amount you might get refunded to the E-Wallet.
- (q) In case any complaint from your side related to the CWallet Service, CWallet
Contact Center should be contacted, and the agent shall transfer this complaint
to the concerned department to revert back to you in due course.
- (r) You undertake not to misuse the E-Wallet or to allow any third party to misuse
the E-Wallet in unusual/suspicious transactions, or in transactions related to
financial/fraudulent crimes, money laundering, terrorist financing, fundraising,
and distributing of funds for charitable purposes, trading in virtual currencies
and virtual assets, or gambling. You also undertake to notify CWallet and the
relevant authorities immediately when you suspect that any of these
transactions exist, regardless of whether they occurred or not, and regardless
of their values.
- (s) You shall be liable for all direct/indirect loss if you have breached the Terms
contained herein or contributed or caused the loss by negligent actions or a
failure on your part to advise CWallet within a reasonable time about any
unauthorized access in the account, or about any suspicious transactions.
- (t) You have the right at any time to close your CWallet Account and liquidate your
electronic deposits through calling CWallet Contact Center and requesting
account cancellation. CWallet is committed to close the account (after you have
received the cash) within two (2) working days of cancellation request.
- (u) You must be eighteen (18) years of age or older, in order to use the CWallet
App. If you allow anyone to use the CWallet App, including individuals under
eighteen (18) years of age, you will be responsible for ensuring that such
individuals comply with the Terms.
- (v) You will need a mobile, internet or any other supported device (“Device”) that
meets certain system and compatibility requirements, which may change from
time to time to use CWallet App. Your ability to use CWallet App and the
performance of CWallet App may be affected by these factors. You agree that
you are responsible for such requirements, including any applicable changes,
updates, fees, and all other terms provided under your agreement with your
mobile Device and telecommunications provider. CWallet will not be
responsible for any lapse of security or failed transactions due to your internet
or device service provider.
- (w) You may need to install updates to your CWallet App that CWallet introduces
from time to time to access, use, or continue to use CWallet Services. Your
CWallet App may communicate with CWallet servers from time to time to check
for available updates to CWallet App, such as bug fixes, patches, enhanced
functions, missing plug-ins, and new versions (collectively the “Updates”) Your
use of CWallet App requires that you have agreed to receive such automatically
requested Updates. If you do not agree to such automatically requested and
received Updates, then please do not use the CWallet App. Notwithstanding
the foregoing, CWallet may update the CWallet App to a new version of such
app, irrespective of any update settings that you may have selected within the
CWallet App or your device, if CWallet determines that the update will fix a
critical security vulnerability related to the CWallet App.
- (x) CWallet has the right according to its own assessment to stop or cancel the
CWallet Services in case the CWallet Services are used in contradiction to any
of the terms and conditions or any applied laws and procedures in the State of
Qatar or the regulations of Qatar Central Bank and AML/CFT laws, including
for example but not limited to buying any products, goods, or services
prohibited according to the laws of Qatar, or dealing with restricted entities and
individuals.
11. Restricted Activity, Unauthorized Use of your Account, and Fraudulent Activity
(a) When using the CWallet you will not:
- (i) provide false, inaccurate, or misleading information;
- (ii) engage in any potentially fraudulent or suspicious activity and/or
transactions, including receiving money that may be fraudulent or
adding money to your Wallet which may be linked to criminal activities;
- (iii) refuse to cooperate with an investigation or provide any information we
request, including with respect to verifying your identity;
- (iv) transmit any communication, material, or other content that is illegal,
obscene, defamatory, threatening, intimidating, harassing, hateful,
racially or ethnically offensive, or which could instigate or encourage
conduct that would be illegal or otherwise inappropriate, including
promoting violent crimes;
- (v) impersonate someone;
- (vi) seek to harm CWallet or any other users or customers;
- (vii) Infringe CWallet or any third party’s copyright, patent, trademark, trade
secret, or other intellectual property rights, or rights of publicity or
privacy;
- (viii) access, use, copy, modify, distribute, display, otherwise exploit or
prepare derivative works based upon our services in impermissible or
unauthorised manners, or in ways that harm us.
- (ix) reverse engineer, alter, modify, create derivative works from,
decompile, or extract code from our services, except to the extent
permitted by law;
- (x) send, store, or transmit viruses or other harmful computer code;
- (xi) gain or attempt to gain unauthorised access to our systems or those of
our group companies;
- (xii) create accounts through unauthorised means;
- (xiii) use any robot, spider, other automatic device, or manual process to
monitor or copy the CWallet App without prior written permission;
- (xiv) collect the information of or about our users in any impermissible or
unauthorised manner; and/or
- (xv) sell, resell, rent, or charge for the use of our services.
(b) If you don’t comply with the terms of this section above or:
- (i) we have reasonable grounds to suspect someone is using your CWallet
without your authority;
- (ii) we do not have sufficient information to operate your CWallet, including
up to date information;
- (iii) we identify that you were not eligible to open a CWallet;
- (iv) your behaviour makes it difficult for us to deal with you;
- (v) you do not accept any updated versions of these Terms;
- (vi) you are insolvent;
- (vii) you die; or
- (viii) we suspect you have violated these Terms,
we may (at our sole discretion) take certain actions against you, including but
not limited to: (i) suspending or terminating your right to use the CWallet, certain
products, the CWallet App (or certain parts of it), (ii) legal action against you
(including a claim for the cost of the action), (iii) disclosure of such information
to law enforcement authorities as we feel is necessary, (iv) And/or immediate,
temporary, or permanent removal of any posting or material uploaded by you
to our Service.
(c) In addition, you agree to notify CWallet immediately upon becoming aware of
any fraudulent activity. Notifications may be made via the Application or email.
You are solely responsible for informing your financial institution or payment
services provider of any fraud related to a payment card saved in your wallet.
(d) You agree that CWallet is not responsible for the unauthorised use of your
CWallet. CWallet reserves the right (in its sole and absolute discretion) to
suspend or void any transaction, where CWallet suspects that the transaction
is related to fraudulent, unlawful, illegal, suspicious, or criminal activity or that
you are otherwise in violation of these Terms.
12. Safeguarding of money collected
- (a) CWallet shall place the amount collected in exchange for the e-money issued
or the amount received on behalf of you as a merchant acquirer, in an
ESCROW account (“Escrow Account”) with Qatar National Bank (“QNB” or
“Bank”) which is a bank licensed by QCB.
- (b) The Escrow Account shall be intended only for settling your funds and for
reversing transactions, with the commissions earned or any other commissions
separated from this Escrow Account.
- (c) The Bank shall manage the Escrow Account and conduct settlement
operations for merchants ’funds within 2-5 business days from the date of the
payment movement.
- (d) You agree and acknowledge that the Bank maintaining the ESCROW account
is responsible for the safety and security of the amount collected by CWallet
from you. It being clarified that CWallet shall not be responsible for
safeguarding the money collected from you.
13. CWallet Charges and Fees
FEES and CHARGES
SERVICE TYPE |
SERVICE NAME |
CHARGES |
CASH-IN |
NAPS |
QNB ATM MACHINES |
Agent |
|
QAR 3.00 |
QAR 3.00 |
QAR 3.00 |
|
Payment & Transfer |
Peer-to-Peer Transfer
Does not Exceed QR 500
From 501 QAR to QAR 5000
More than 5000
|
From Person to Business
Does not Exceed QR 500
From 501 QAR to QAR 5000
More than 5000
|
International Remittance
Int'l Bank Transfer
Cash Pick-up
Int'l Wallet Transfer
|
|
QAR 0.50 on the user
QAR 0.75 on the user
QAR 1.50 on the user
|
QAR 0.50 on the business
QAR 0.75 on the business
QAR 1.50 on the business
|
QAR 15 - QAR 50
|
|
REFUND |
From Business to Person |
QAR 0.0 |
CASH-OUT |
Through QNB ATM
Through Agent
|
QAR 3.00 |
14. Limitations & Thresholds
SERVICE TYPE |
SERVICE NAME |
LIMIT |
CASH-IN & CASH-OUT |
Maximum Wallet Balance |
Monthly Cash-in Limit |
Monthly Cash-out Limit |
Daily Cash-in Limit |
Daily Cash-out Limit |
|
QAR 50,000.00 |
QAR 30,000.00 |
QAR 30,000.00 |
QAR 10,000.00 |
QAR 1,000.00 |
|
WALLET TO WALLET TRANSFER |
User (Resident) Limit Per transactions |
User (Visitor) Limit Per transactions |
Minor Limit Per Transaction |
|
QAR 5,000.00 |
QAR 1,000.00 |
QAR 500.00 |
|
INTERNATIONAL TRANSFER |
Inernational Transfer Daily Limit |
Daily Int'l Limit transfer per Sender |
Weekly Int'l Limit transfer per Sender |
Monthly Limit Per Transaction |
Monthly Beneficiary Limit transfer per Sender |
Total amount a sender can send per month |
|
QAR 10,000.00 |
2 Transfers |
5 Transfers |
15 Transfers |
7 Transfers |
QAR 30,000.00 |
|
SERVICE TYPE |
SERVICE NAME |
LIMIT |
CASH-IN & CASH-OUT |
Maximum Wallet Balance |
Monthly Cash-in Limit |
Monthly Cash-out Limit |
Daily Cash-in Limit |
Daily Cash-out Limit |
|
QAR 50,000.00 |
QAR 30,000.00 |
QAR 30,000.00 |
QAR 10,000.00 |
QAR 1,000.00 |
|
WALLET TO WALLET TRANSFER |
User (Resident) Limit Per transactions |
User (Visitor) Limit Per transactions |
Minor Limit Per Transaction |
|
QAR 5,000.00 |
QAR 1,000.00 |
QAR 500.00 |
|
INTER NATIONAL TRANSFER |
Inernational Transfer Daily Limit |
Daily Int'l Limit transfer per Sender |
Weekly Int'l Limit transfer per Sender |
Monthly Limit Per Transaction |
Monthly Beneficiary Limit transfer per Sender |
Total amount a sender can send per month |
|
QAR 10,000.00 |
2 Transfers |
5 Transfers |
15 Transfers |
7 Transfers |
QAR 30,000.00 |
|
15. Use And Protection of Intellectual Property Rights
- (d) CWallet is protected by copyright, trademarks, patents, trade secret and/or
other intellectual property laws of the State of Qatar. CWallet owns the title,
copyright and other worldwide intellectual property rights in the CWallet
Services. These Terms do not grant you any rights to the intellectual property
rights in the CWallet Services. Nothing contained herein shall authorize you to
use, apply, invade or in any manner exploit or infringe the intellectual property
rights of CWallet or its affiliates without prior written consent. You are hereby
given a limited license to use the CWallet Services, subject to your agreement
of these Terms.
- (e) When you upload, submit, store, send or receive content that may include
feedback to or through CWallet App, you give CWallet a worldwide, perpetual
license to use, host, store, reproduce, modify, create derivative works (such as
those resulting from translations, adaptations or other changes we make so that
your content works better with CWallet Services), communicate, publish,
publicly perform, publicly display and distribute such content. This license shall
not revert back to you even if it is not used by CWallet. The rights you grant in
this license are for the limited purpose of operating, promoting, and improving
CWallet Services, and to develop new ones. This license continues even if you
stop using CWallet Services.
16. Responsibility For Taxes
The reporting and payment of any applicable taxes arising from the use of CWallet
Services is your responsibility. You hereby agree to comply with any and all applicable
tax laws in connection with your use of CWallet Services, including without limitation,
the reporting and payment of any taxes arising in connection with payments made
through CWallet Services, or funds/income received through CWallet Services.
17. Indemnity
You agree to indemnify, defend and hold harmless CWallet, its affiliates, and its and
their directors, officers, owners, agents, co-branders or other partners, employees,
information providers, licensors, licensees, consultants, contractors and other
applicable third parties (collectively the “Indemnified Parties”) from and against any
and all claims, demands, causes of action, debt or liability, including reasonable
attorney fees, including without limitation attorney’s fees and costs incurred by the
Indemnified Parties arising out of, relating to, or which may arise from:
- (f) your use of the Services; or
- (g) any breach or non-compliance by you of these Terms; or
- (h) any dispute or litigation caused by your actions or omissions; or
- (i) your negligence or violation or alleged violation of any applicable law or rights
of a third party.
18. Privacy And Communications
- (j) In addition to other clauses in the Terms, you agree and specifically consent
that we may collect, store, and use your personal data and any communications
made through CWallet App, in accordance with Law (13) 2016 on Protecting
Personal Data and our Privacy Policy.
- (k) CWallet may share your payments related information with merchants, banks,
third party providers and service providers as required for the purpose of
operations, settlement payment processing, and promoting CWallet Services.
- (l) If you are a recipient, you agree and specifically consent that CWallet may store
your information including bank account number on CWallet App for the
purpose of sending you payments.
- (m) You agree and specifically consent that CWallet may, through automated
means, access your CWallet App navigational, log, and correspondence
information/data. This information/data will help us analyse the merchants,
markets, technology, operating systems, browsers, Devices, locations from/for
which our CWallet Services are used. For example, such information and its
analysis will help us to better understand your needs and provide you with a
wider range of services, or developing updates for particular operating systems
and mobile application versions, etc. The information collected also helps us
offer you other products, programs, or services including offers as provided by
merchants that we believe may be of interest to you or alert you in case of
software compatibility issues.
- (n) You agree and specifically consent that CWallet may, through automated
means, access your messages on your mobile Device/mobile number and
retrieve/use information from your messages to provide you with enhanced
services by CWallet or its affiliates. For example: OTP is a one-time password
which is provided by your issuing bank in order to carry out the second factor
authentication. If you allow us to access your messages, you understand that
we may retrieve your OTP from the message received on your mobile
Device/number and populate and submit the OTP for second factor
authentication.
- (o) You represent that you have obtained all requisite prior consents and waivers
necessary from any third party or recipients and have provided such third party
or recipient with notice to permit CWallet and its affiliates to carry out actions
described in this paragraph. You further warrant that you will provide such
notices and secure such necessary consents and waivers in advance of
providing similar information to CWallet in the future.
- (p) If you choose to delete or wipe-out any information or data from CWallet App
or your CWallet Account or you or CWallet, choose to terminate the use of your
CWallet Account or CWallet Services, you understand that we may still retain,
use and/or disclose such information/data for legal reasons detailed in the
Privacy Policy.
- (q) The Privacy Policy explains how we treat your personal data and protect your
privacy when using CWallet App.
19. Communications from or with CWallet:
You agree and specifically consent to the collection, storage and use of your
information for communications from or with CWallet. You agree and specifically
consent that we may, on our own or through third parties, send you emails, SMS, or
communicate with you through other means, for:
- (r) providing you with CWallet Services and transactional or account related
information; or
- (s) sending you payment related reminders/updates; or
- (t) promoting CWallet Services or other services; or
- (u) promoting new products and activities; or
- (v) investigating or resolving any product or CWallet Service-related concerns
including complaints; or
- (w) obtaining your invaluable feedback.
In order to serve you better, we may also send you surveys to understand (a) your
experience with our Services; and/or (b) your needs and requirements.
You may choose to, or we may invite you to, submit comments or ideas about CWallet
Services, including without limitation about how to improve the Service or our products.
By submitting any idea, you agree that your disclosure is gratuitous, unsolicited and
without restriction and will not place us under any fiduciary or other obligation, and that
we are free to use the idea without any additional compensation to you, and/or to
disclose the idea on a non- confidential basis or otherwise to anyone.
20. Disclaimers; Limitation of Liability; Force Majeure
- (a) The CWallet App and CWallet Services are provided “as is” and “as available.”
CWallet disclaims all representations and warranties, express, implied, or
statutory, not expressly set out in these Terms, including the implied warranties
of merchantability, fitness for a particular purpose and non-infringement. in
addition, CWallet makes no representation, warranty, or guarantee regarding
the reliability, timeliness, quality, suitability or availability of the CWallet,
CWallet App, services, or any other services requested through the use of the
CWallet App, or that the CWallet App will be uninterrupted or error-free. You
agree that the entire risk arising out of your use of the CWallet App and CWallet
Services, and any service requested in connection therewith, remains solely
with you, to the maximum extent permitted under applicable law.
- (b) Unless expressly stated otherwise in these Terms CWallet and their affiliates
and partners shall not be liable for indirect, incidental, special, exemplary,
punitive or consequential damages, including lost profits, lost data, loss of a
business opportunity , loss of profits, loss of business or loss of business
opportunity; or loss as a result of any failed payment due to insufficient funds
in your CWallet; losses incurred as a result of abnormal or unforeseeable
circumstances outside our reasonable control, including delays or failures
caused by problems of another system or network, mechanical breakdown,
industrial action or a pandemic; losses incurred where a law, or guidance or
instruction from an governmental authority, requires us to take action, for
example to terminate these Terms and close your CWallet; or any other loss or
damage to the extent that such loss or damage is caused or contributed to by
you, or is a result of the failure by you to comply with these terms.
- (c) Nothing in these Terms is intended to exclude or limit the liability of any party
for (a) death or personal injury; (b) fraud; (c) fraudulent misrepresentation; or
(d) any liability that cannot be excluded or limited by law.
- (d) You and CWallet acknowledge that each party has entered into these Terms
relying on the limitations of liability stated herein and that those limitations are
an essential basis of the bargain between the parties. In addition to and without
limiting any of the foregoing, no CWallet party shall have any liability for any
failure or delay resulting from any condition beyond the reasonable control of
such party, including but not limited to governmental action or acts of terrorism,
earthquake, fire, flood or other acts of God, labour conditions, power failures
and internet disturbances.
21. Modification Of Terms of Service; Updates
- (x) We have the right, in our sole and absolute discretion, to change, modify, or
amend any portion of the Terms at any time. The changes will become effective,
and shall be deemed accepted by you, after the initial posting and shall apply on
a going-forward basis with respect to transactions initiated after the posting date.
If you do not agree with any such modification, your sole and exclusive remedy
is to terminate your use of the CWallet Services.
- (y) In addition, we reserve the right at any time to modify or discontinue, temporarily
or permanently, the CWallet App or CWallet Services (in whole or in part) with or
without notice. We may also change the CWallet Services, including applicable
fees, in our sole discretion. If you do not agree to the changes, you may stop
using the CWallet Services. Your use of the CWallet Services, after
implementation of the change(s) will constitute your agreement to such
change(s). You agree that we shall not be liable to you or to any third party for
any modification, suspensions, or discontinuance of the Services.
- (z) Software updates: When an update of the CWallet App becomes available, you
are strongly encouraged to download this as soon as possible following its
release. Updates are created to better the CWallet App and the user experience
thereof. If you do not update the CWallet App, it may no longer be supported by
us and, over time, will likely depreciate in functionality.
22. Notice
CWallet may give notice by means of a general notice on the CWallet App, electronic
mail to your email address in your CWallet Account, or by written communication sent
to your address as set forth in your CWallet Account. You may give notice to CWallet
by written communication to CWallet’s email address at [email protected].
23. Assignment
You may not assign or transfer your rights under these Terms in whole or in part without
CWallet’s prior written approval. You give your approval to CWallet for it to assign or
transfer its rights and obligations under these Terms in whole or in part, including to
CWallet or an entity identified by CWallet (subject to compliance with relevant laws).
CWallet shall be entitled to assign this Agreement (including its rights and obligations
hereunder) to any subsidiary or affiliate of CWallet or in connection with the sale or
other transfer of substantially all of CWallet equity or business assets.
24. Restricting the communications from the CWallet App
You may as a user, opt to not receive any promotional materials (including but not
limited to offers or schemes or prizes or newsletters, merchant updates), however, you
shall not be able to opt to not receive any critical operational messages (which are
required to be sent by CWallet to inform you of any important updates in relation to the
CWallet Services and the CWallet App). If you wish not to receive any promotional
materials, you should send an email to [email protected]. You may at any time elect
to resume the receipt of promotional materials by sending an email to
[email protected]
25. Termination And Suspension
We reserve the right, in our sole and absolute discretion, to suspend or terminate your
use of one (1) or more CWallet Services, at any time without any prior written notice
and without liability to you or any third party, for any reason, including without limitation
violation of these Terms or other policies we may establish from time to time.
26. Advertising
Some of the CWallet features may be supported by advertising revenue and may
display advertisements and promotions. In consideration for CWallet granting you
access to and use of the CWallet Services, you agree that CWallet may place such
advertising and promotions.
27. Governing Law; Jurisdiction
These Terms will be governed by and construed in accordance with the laws, rules
and regulations of the State of Qatar and Qatar Central Bank. Any dispute arising
between the parties shall be resolved by the Qatari courts, subject to the Commercial
Law No. 27 for the year Promulgating the Trading Regulation Law and QCB Law No.
13 for the year 2012, then all the related laws and bylaws in force at the State of Qatar
and the institutions of Qatar Central Bank and the International Banking Customs and
their amendments. You understand that we may need to share information that you
provided on CWallet in order to satisfy applicable law, regulation, legal process or an
enforceable governmental request.
28. Waiver
Unless otherwise expressly stated in these Terms, the failure to exercise or delay in
exercising a right or remedy under the Terms will not constitute a waiver of the right or
remedy or a waiver of any other rights or remedies, and no single or partial exercise of
any right or remedy under the Terms will prevent any further exercise of the right or
remedy or the exercise of any other right or remedy.
29. Survival Of Provisions
The terms and provisions of the Terms, which by their nature and content are intended
to survive the performance hereof by any or all parties hereto will so survive the
completion and termination of these Terms.
30. Severability
If any provision of the Terms is or becomes, in whole or in part, invalid or unenforceable
but would be valid or enforceable if some part of that provision was deleted, that
provision will apply with such deletions as may be necessary to make it valid. If any
court/tribunal of competent jurisdiction holds any of the provisions of the Terms
unlawful or otherwise ineffective, the remainder of the Terms will remain in full force
and the unlawful or otherwise ineffective provision will be substituted by a new
provision reflecting the intent of the provision so substituted.