Terms and Conditions

Introduction

The terms and conditions mentioned below represent the contract concluded between users of MyFatoorah services (User, merchant, seller, organization, person, you, or what you represent) and Fatoorah E-Marketing Company (MyFatoorah)

General Conditions

• Only companies, institutions, persons, and organizations that are allowed to make payments and receive funds within the Kingdom of Saudi Arabia by the official authorities can apply to use MyFatoorah services. MyFatoorah services may not be used by those who are not allowed to receive money or carry out commercial or non-commercial financial operations within their country.

• The amounts transferred by MyFatoorah must serve the same purpose mentioned in the application form and comply with the licensed activities of the merchant.
• The trade name shown on the invoice must represent the merchant and their authorized activities.
• Merchants under the age of 18 must be represented by a legal guardian under the laws of the Kingdom of Saudi Arabia.
• The entity or person applying for the service agrees that MyFatoorah may request additional information or an update of previously provided data at any time. Examples of information and data that may be requested include, but are not limited to, proof of identity, business policies and procedures, financial information, licenses, invoices, delivery receipts, or any other information. Failure to provide the requested information may result in interruption of service or cancellation of the contract.
• Agree to inform us of any amendment to the business activity, including changing the nature of the activity, changing ownership, changing the size of the financial transactions of the activity, changing the geographical location of the activity, and other changes that affect MyFatoorah’s assessment of the risks of the activity.
• MyFatoorah grants its users a non-exclusive, non-negotiable, or assignable license to third parties to benefit from its services. The user may not use MyFatoorah services to transfer or receive any funds on behalf of other websites or intermediary traders who have not been approved by MyFatoorah.
• When you register in MyFatoorah, complete the application form and approve your account, you will be able to access the MyFatoorah platform, where you can review your sales through dashboards, and you can also request additional services.
• Contact the support team and submit a request to change the bank data registered in your account from the MyFatoorah platform.
• MyFatoorah is committed to maintaining the confidentiality of personal and financial information and any other information it may have about the customer or any other parties that may be used by MyFatoorah and not to disclose it to third parties except in cases approved by law or with the prior consent of the customer.
• MyFatoorah is committed to exerting sufficient care to address customer complaints and grievances in a fast and fair manner through the legitimate methods adopted by MyFatoorah through the website or application, visiting the company’s headquarters, or by mail, with a commitment to follow up on the complaint with the customer and update them with the status of the complaint in a timely manner.
• MyFatoorah is committed to providing a dispute resolution mechanism that it follows when resolving customer complaints, announcing the steps to be followed with customers through the company’s website and social networking sites.
• This contract is subject to the laws of the Kingdom of Saudi Arabia, where the MyFatoorah services are provided, and any dispute arising between the user and MyFatoorah falls within the jurisdiction of the courts of that country.
• MyFatoorah has the right to request the signing of additional contracts or an addendum to contracts with the user.
• MyFatoorah has the right to amend the terms and conditions at any time.

Prohibited Activities

The user may not use the services of MyFatoorah in practicing any prohibited activity or dealing with entities prohibited by MyFatoorah in the Kingdom of Saudi Arabia for an activity that includes:

1. Persons who have information indicating that they may be involved in criminal activities or are on any public blacklist relating to criminal activities, drug trafficking, terrorism, or organized crime.
2. Individuals or companies that engage in activities that make it impossible to verify the legality or source of funds, or who have funds that do not correspond to their financial situation.
3. Persons who refuse to provide the information or documents required to verify the activity or provide suspicious or illegally obtained documents.
4. Legal entities with unspecified shareholders or control structure.
5. Exchange offices, money transfers, and unlicensed entities of a similar nature.
6. Financial institutions that are resident in countries or territories that do not have a physical presence (also known as “shell banks”) and are not part of an organized financial group.
7. Any work that is not compatible with Islamic law.
8. Sub-agents.
9. Cryptocurrency companies and cryptocurrency trading platforms.
10. Businesses that deal directly or indirectly with sanctioned countries, including Iran, North Korea, and Myanmar.
11. Merchants fail to provide sufficient information to verify identity, including information about the ultimate beneficial owners.
12. Traders or ultimate beneficial owners sanctioned by the United Nations, the Treasury, the European Union, the Office of Foreign Assets Control, or those on the relevant sanctions lists.
13. Merchants or ultimate beneficial owners residing in sanctioned jurisdictions, including Iran, Syria, Sudan, North Korea, Cuba, Eritrea, and the Central African Republic.
14. Casinos, betting entities, and online gambling companies.
15. Merchants who provide financial services without the approval of the Central Bank, such as unauthorized private investments, exchange companies, money pooling, or hawala.
16. Charities and non-profit organizations are not accredited or regulated by the Ministry of Social Affairs and Labor.
17. Anonymous accounts are nominated with fictitious names.
18. Numbered accounts in which the owner is identified by a number instead of a name.
19. Traders with incomplete due diligence or ambiguity and uncertainty as to the information provided.
20. Companies not licensed by the Ministry of Commerce and Industry.
21. Anything that violates faith and public morals.
22. Gambling tools, machines, and devices.
23. Asbestos.
24. Children’s products that take the form of cigarettes and are kept in packs, such as cigarettes.
25. Industrial and hazardous waste.
26. Endangered predators and animals.
27. Alcohol products.
28. Medicines of all kinds.
29. Sex and adult tools.
30. Sex books.
31. Firearms.
32. Radioactive medical and biological materials.
33. Tobacco products without a license.
34. Electronic cigarettes without a license.
35. Fireworks Products.
36. Radioactive materials.
37. Explosive materials.
38. Ivory.
39. High-risk traders – file sharing.
40. Network / Hierarchical Marketing.
41. Buying and selling securities.
42. Share and distribute files illegally over a network or the Internet.
43. Dating Mobile Apps/Websites.
44. Crowdfunding.
45. Microsoft Office programs and keys.
46. Etisalat merchant access key.
47. E-commerce Adult Content (Transcript Video).
48. Face-to-face nonprescription drug dealers.
49. VOIP.
50. Ammunition sellers.
51. Telephone sales services.
52. Escort Services.

• Prohibited or restricted activities can be updated at any time.

Requests for registration and reception of the user account

• The e-mail used by applicants for MyFatoorah services is the official means of communication with the user. The applicant agrees to use the email address to verify and agree to the terms and conditions, as well as all information related to the user.
• All fields of the registration form must be filled in, and all the required documents must be attached before approving the registration application.
• All information sent by the customer to MyFatoorah, in any media whatsoever, written or oral, must be true and accurate.
• Upon registration, the customer is required to provide the required information as requested by MyFatoorah to fill out the “Know Your Customer” (KYC) form and must approve it by confirmation via email. The Customer is responsible for updating KYC information in the event of any change, or once MyFatoorah requests it within fourteen days. The Company has the right to suspend the account in case of non-compliance.
• All required information must be provided within 14 days of registration of data. Incomplete applications will be automatically cancelled after the specified period.
• New customers cannot make transactions until their data is validated, approved, and their accounts are properly activated as merchants in the company’s system.
• The company has the right to obtain personal data of persons and companies through the official authorities, including all civil ID information, including name, date of birth, card number, card expiry date, address registered on the card, and any other available data.

Settlement of payments and the refund process

• Details of fees and commissions payable to MyFatoorah for the services provided to the customer are specified in the terms of the contract concluded with the customer, or specified in the price offer provided to the customer.
• MyFatoorah is obligated to notify the user within a sufficient time before making any amendments or changes to fees, commissions, imposing new fees, or any of the terms of services obtained by the user imposed on them.
• MyFatoorah may withhold payments and request supporting documents and evidence to verify the legitimacy of payments before transferring them to the user’s bank account. In the event that the customer fails to provide sufficient evidence to prove the legitimacy of the transferred amounts, MyFatoorah has the right to take all necessary measures in this case, which include refunding the amounts to their source, canceling the account, and informing the concerned authorities without informing the user or obtaining any kind of consent. Information exchanged with financial institutions or relevant official bodies may include information about the user, such as the user’s financial transactions or any other information as needed.
• Traders confirm that it is illegal to commit any money laundering, fraud, or any kind of illegal activities, and in the event that any fraud or money laundering activities are suspected, the company will inform the relevant authorities of the activity and the party committing these activities without notifying them.
• The user does not have the right to object to the seizure of any amounts related to payment operations or refunded to their source in the event that the submission of any evidence or documents proving the legitimacy of payment operations is not met.
• Settlement of payments and deposits is made within 24 working hours or the next business day if the user does not request a different time for settlements and deposits. MyFatoorah may withhold payments for an indefinite period if MyFatoorah finds that payments may be suspicious or illegal.
• Settlement of deposits is done on the bank data provided by the user when registering the account with MyFatoorah. The user may request to change these bank details registered through their account platform registered in MyFatoorah or the official email.
• The user is allowed to use the “Refund” option to recover the full amount of the payment process or part of it, and therefore, there must be a sufficient balance in their account with MyFatoorah to use the “Refund” option.
• MyFatoorah may reserve a reserve amount calculated from the transaction volume of high-risk clients. This reserve is settled when accounts are closed if they are not used.
• MyFatoorah may refund the amounts to its sources that have not been transferred to the user’s bank account for more than 30 days due to the user’s inability to provide valid bank statements, and therefore, their account is considered neglected, which results in the suspension of the account. MyFatoorah may withhold or deliver outstanding amounts to third parties at MyFatoorah’s sole discretion.
• Mai Fatoorah may deduct the transfer fee “commission” directly from the amounts transferred to the user during the settlement process.
• The user is obligated to pay any unpaid fees within five working days.
• Any fees paid by the customer to Mai Fatoorah are non-refundable, whether within fees or commissions.

Attestation of electronic signatures and notices

• Approval to register an account in MyFatoorah represents your electronic signature, and messaging us through the support option, whether through the MyFatoorah application or the MyFatoorah platform, is considered an official notice from you and is equivalent to your personal signature.
• Agree that the e-mail used to register an account in MyFatoorah is your approved e-mail and that all electronic transmissions received from the address of this e-mail are equivalent to the official letters signed by you or your legal representative.
• Agree to receive all notifications from MyFatoorah via registered email and phone number to communicate with you, and also for verification of the “multiple authentication system”.

Duration/Termination of Contract

• Terms and conditions are valid as long as the subscription is valid with MyFatoorah.
• The user can terminate the contract with MyFatoorah at any time during the validity of the contract, provided that it is notified 30 days in advance.
• The period of contracting with MyFatoorah is one year from the date of activating the electronic services and is automatically renewed unless the contract is terminated by the user or MyFatoorah, provided that it is notified 30 days in advance.
• Termination of the contract does not mean waiving the requirements of the user in relation to previous payments.
• In the event that an account is opened with MyFatoorah and the required information and documents are not provided to complete the registration process within 14 days, the account will be automatically canceled. Any amounts paid by the merchant during this period will not be refunded.
• Inactive accounts with no transactions for more than six months are considered dormant and automatically suspended. To reactivate these accounts, you must update the merchant information.
• MyFatoorah may suspend or cancel the account at any time, and MyFatoorah may send a letter to your registered email address with the reasons. Such reasons are at the discretion of MyFatoorah and may include, but are not limited to, increased risk of operations, suspicious transactions, prohibited and illegal activities by the user, or a change in the operations, property, and management of the user.
• Data is retained for a period of 10 years from the date of discontinuation.

User Responsibilities and Agreements

• Users are responsible for maintaining up-to-date and authentic information about their profiles, directors, board of directors, key persons, nature of business, volume and value of transactions, and any other information requested by MyFatoorah.
• The user is responsible for the nature of the buyers or customers with whom they deal, and agrees to deal with legitimate customers only.
• The user is solely responsible for the nature of the payments made on their account, whether wrong or suspicious, and MyFatoorah will not bear any responsibility for any payment that must be returned to its source.
• If the user is skeptical of any transaction, the responsibility for maintaining the non-implementation of the transaction lies with the user until they communicate with the customer and conduct all the required investigations to ensure the validity and legitimacy of the transaction.
• MyFatoorah is not responsible for products or services sold using MyFatoorah payment services.
• My invoice may seize any payment transactions found to be suspicious and require supporting documents and information to assess the legitimacy and validity of payment transactions. In the event that MyFatoorah finds that the transactions are illegal, it has the right to detain these transactions and return the amounts to their issuer, or to keep the transactions for a period of time determined by MyFatoorah to ensure that there are no refund requests for transactions by the issuing bank of the card, at the request of the owner of the bank card used to pay for these transactions “chargeback or fraud”.
• MyFatoorah has the right to request any supporting documents or financial and non-financial information for the transactions processed.
• The user bears full responsibility for all invoices created/paid, or under construction/payment by their customers through the use of various MyFatoorah services.
• The user is responsible for paying the amounts related to the disputed transactions, “chargeback or fraud”, and deducted from MyFatoorah in the event of losing the dispute in favor of the bank card holder, and undertakes to agree to the right of MyFatoorah to direct debit from their available balance.
• The user is responsible for completing transactions with their customers, creating invoices, and obtaining receipt authorizations, as they will be required to verify certain transactions in accordance with the requirements of MyFatoorah’s risk assessment procedures. They must always obtain supporting evidence for the payment of their account.
• The user must ensure compliance with anti-money laundering laws, payment laws, and electronic trading in the Kingdom of Saudi Arabia.
• Agree that MyFatoorah may require an accounting audit of certain payments, which may require financial or non-financial documentation, examination of the User’s work systems, recorded interviews, or any other procedures in accordance with MyFatoorah’s decisions.
• Agree that MyFatoorah may refer to you or use your logo when submitting its business precedent to the public or private sector.
• The user may refer to MyFatoorah as a payment service provider as long as their account is active. Users with suspended or terminated accounts must refrain from using the MyFatoorah trademark in any of their public or private activities.
• The user acknowledges that all products, services or activities for which money is received through MyFatoorah services are valid for use and not contrary to the public order or morals of the country and that the user is qualified to sell or distribute these products and services and does not have any rights to a third party, and undertakes to deliver the products or services to customers in a timely manner, and in accordance with the specifications mentioned in the advertisement, and that the user is solely responsible for any violation in this regard and also responsible for any legal violations by the customer. The user acknowledges and undertakes their commitment to MyFatoorah or any third party for all operations carried out by their customers to pay their material obligations and undertakes to refund all amounts paid through MyFatoorah in connection with these operations, with MyFatoorah reserving the right to suspend the account and stop its services to the user in the event of any fraudulent or suspicious operations.
• The user must inform MyFatoorah of any change in operations or management within a week of its date. Such a change may include the value and volume of payments, a change in activities, a change in address or contact information, a change in ownership structure, or any other related changes. Failure to notify MyFatoorah of these changes may result in account suspension and interruption of MyFatoorah’s service.
• While MyFatoorah agrees to protect the privacy of merchant data, merchants agree that MyFatoorah may share their account and transaction information with government bodies and official courts whenever necessary without notifying merchants. The merchant also agrees to display the name of the account holder.

Third-party payment providers

• Payment services are provided by third-party payment service providers, such as Apple Pay and Google Pay, and provided through us by a third party; MyFatoorah is not responsible for the quality of the services provided.
• Apple Pay and Google Pay transactions are not protected in 3D Secure by some banks and payment card systems. In the event of a chargeback or fraud, the merchant assumes full responsibility and undertakes to reimburse any money deducted from My Bill due to fraud or chargeback incidents related to the merchant’s activities. The merchant authorizes MyFatoorah to automatically deduct such chargebacks from their balances prior to settlement. Proof of service or product delivery may not be sufficient for some banks or payment card systems, and any chargebacks on MyFatoorah will be charged to merchants.
• MyFatoorah has the right to suspend any suspicious transactions and to request information and supporting documents to assess the legality of transactions. In the event that MyFatoorah does not find the transaction legitimate, it has the right to cancel the transaction, return the value of the transaction to its source, or suspend it for a period of time determined by MyFatoorah to ensure its existence. And to make sure there are no chargeback claims or fraud on transactions.
• Merchants who apply to use Apple Pay services through MyFatoorah agree to confirm their acceptance of the Apple Pay Merchant Terms, as specified on Apple’s website, and that MyFatoorah is not responsible for merchants’ non-compliance with these Terms.
• Merchants who apply to use Google Pay services through MyFatoorah agree to confirm their acceptance of the Google Pay Terms of Service, as specified on the Google website, and that MyFatoorah is not responsible for merchants’ non-compliance with these Terms.
• Merchants assert responsibility for following up on future amendments to Apple’s Pay Merchant Terms and Google Pay Terms of Service.

International express shipping services

• The express international shipping service provided through our company is provided by a third party, and our company will not be responsible to the merchant or consumer regarding the delivery time or the status of the parcels sent.
• Charges associated with international express shipping services are based on an accurate description of the dimensions and weight of the package. This includes the product to be shipped and the packaging for shipment. It is the sole responsibility of the merchant to estimate the dimensions and weights of the parcels accurately.

• In the event of a discrepancy between the actual weight and dimensions and the weight and dimensions estimated by the merchant, as the actual shipping fees are higher than the fees imposed during the payment process, based on the information provided by the merchant, our company has the right to terminate the shipping agreement with the merchant, without any liability on us.

Force majeure circumstances:

• MyFatoorah will not be liable for any loss or delay due to fire, natural disasters, failure of the banking system, power outages, telecommunications problems, wars, strikes, riots, terrorist attacks, failure of the performance of its subsidiaries, failure of merchants, or any accidents or events over which MyFatoorah has no control.

Risks associated with using MyFatoorah services

• Merchants may face the risk of payment-related disputes and refund claims, as customers request a refund or question a particular transaction.
• Merchants using MyFatoorah services may be exposed to risks related to fraudulent activities. Scammers may use stolen cards to make purchases or engage in other fraudulent activities, making the merchant liable for any resulting losses.
• Merchants using MyFatoorah services must comply with legal and regulatory requirements. Failure to comply can result in legal consequences, fines, or even termination of a merchant account.
• Merchants using MyFatoorah services rely on the stability and functionality of the payment structure provided. Technical issues, service outages, and network failures can hinder batch processing.