TERMS & CONDITIONS OF FINANCING SERVICES VIA MOBILE PHONE APPLICATION

Al Jazeera Finance (AJF)

These terms and conditions constitute the basis of the agreement between Al Jazeera Finance (AJF), “the company”, and “the user” regarding the usage of financing and credit facility services via a mobile application as provided by the company.

1. DEFINITIONS

Accounts:  means account/accounts of the user with the company which the user can access and operate through the mobile phone application service.

Agreement: means the terms and conditions herein.

Notifications: means the specific notification messages sent by the company to the mobile phone number provided by the user to the company.

Request: means the application form which the user completes to request financing services via a mobile application.

Company: Al Jazeera Finance (AJF), including its head office or any of its branches in Qatar.

Working day: means the days on which the company conducts its regular financing processes / transactions in the State of Qatar.

Client security codes: collectively refers to a client’s username, password, and one-time password (OTP).

Data Accessing: any GPRS, G5, G4, and G3 internet connection, wired and wireless internet connection, or any other network that allows the user to access the application from his mobile phone.

Device, portable device: mobile phone, tablet, or any other electronic device for logging in and remotely accessing the application.

Financing processes: means all the functions and tasks involved in the financing approval process.

Functions (tasks): means the financing and non-financing processes available on the mobile phone application.

Instructions: means the instructions sent by the user/client remotely and conveyed electronically via the mobile phone application to the company.

Financing services via mobile phone: the services provided by the company to the user regarding daily financing needs.

Non-Financing Processes/Transactions: means all the functions that do not involve financial approval, such as inquiries, requests to download account statements, and so on.

User: means any individual, company, or other entity who the company approves to operate an account, to access and use the company’s financial services via a mobile phone application, and who has agreed to be compliant with these terms and conditions when using the service.

User ID (username): means a valid and effective username selected by the user at the time of registering which allows the authorized user to log in and access the mobile phone application service when used in conjunction with a password.

One-time password (OTP) (transaction password): means the secure alphanumeric code containing biometrics which is sent to the user to enable access to the mobile phone application.

Financing services via a mobile phone: means the mode of providing financing services via the mobile phone application by the company.

Registration: means the process in which the user first logs in to register for financial services via the mobile phone application using a one-time password (OTP) and once activated sets a password.

Fee system: means the list of fees for financing services via the mobile application that are available to the user.

Service: means the functions available on the mobile phone application to access financial services as provided by the company (services and functions may be updated by the company from time to time) or through a browser on the mobile phone which allows the user to request financial products, to make inquiries, and view their accounts.

Application: means the application provided by the company that is used to access financial services (and any improvements or updates thereon) and that is downloaded and installed by the user to a mobile phone.

2. FINANCING SERVICES VIA MOBILE PHONE APPLICATION

• The mobile phone application enables the user to carry out the following:

1. Register and set up a username and password and receive notifications on account approval.
2. Reset the password.
3. View the account balance and dates for all transactions including those in process.
4. Submit requests for financial services and/or products provided by the company.
5. Update contact details and identity card.

The company may occasionally provide new electronic financial services. By using such services when available, you agree to comply with the terms and conditions of this agreement and future amendments.

• The information provided to the user through electronic channels is not updated continuously, but at regular periods. Accordingly, any information that has been provided to the user through electronic services relates to the last date and time when it was updated, but not the date and time on which it is provided to the user. The company shall not be liable for any loss incurred by the user by relying on or acting on such information. The company may retain records of transactions in any form it finds suitable. In case of a dispute, and in the absence of clear evidence that the company’s records are erroneous or not complete, the records of the company shall be binding and shall be conclusive evidence of the transactions executed through the electronic services.

• Any request for services provided through the mobile phone application shall be binding on the user once the company receives the request. If the execution and effecting of a request for services is conditional on it receiving additional documents from the user, the company shall not be required to complete the transaction until it receives such documents from the user.

• The use of the financing services via the mobile phone application is allowed only to users who have accounts with the company in the State of Qatar. The user’s account and approval of their account shall depend on the company’s decision. The company has the right to ask for additional documents before approving the account.

• The user understands and acknowledges that:

1. Financial services are provided by the company for the user’s benefit without prejudice to the terms and conditions applicable to the service and the user will be subject to the conditions herein.
2. Financial services will be available to those users that have mobile phone numbers with Ooredoo and/or Vodafone.
3. The user must inform the company in writing if they need to terminate their account and the use of financial services via the mobile phone application.
   • Immediately upon logging in to the mobile phone application, the user is enabled to complete the registration process. The user is then given full and complete access to the services and functions available therein, and for the purpose of their use and for records only, they may (a) download and save the data on the mobile phone, and (b) print out hard copies from certain records.

• The company has the right to appoint any provider of mobile phone services or a middle agent to provide all or part of the services. The fees payable to such a provider or middle agent shall be borne by the user as shown on the fees schedule or that are announced by the provider of the mobile phone service or middle agent from time to time. The company shall not be responsible for any problems with regard to telecommunications, coverage, or compatibility of the mobile phone.

• The user admits that there exist separate terms and conditions for the various services currently provided on the application: such terms and conditions can be requested from the company or any of its branches. The terms and conditions of this mobile phone application service must be read in conjunction with the terms and conditions applicable to any other individual services provided, and the user agrees to comply with the terms and conditions of the individual services together with the terms and conditions of this mobile phone application service.

• Subject to the terms and conditions that apply to each product or service of the company, the user allows and authorizes the company to accept and act on their electronic instructions and the company may choose to act or not act on the user’s instructions.

With regard to log in failure, the company has the right to take note of failed log in attempts by the user to their account. The company will automatically block the account after three consecutive errors in entering the user’s secure codes. The number of consecutive errors in entering the user’s security codes allowed before blocking and banning further log in may be changed upon the company’s absolute discretion. Upon banning log in to the service for whatever reason, an appropriate message will be displayed for the user when attempting to log in. In the event of the log in to the service being blocked, the user may be required to present themself personally to the company to confirm the user’s identity, and, depending on the company’s absolute discretion, the block will either be canceled or continued. This process may be changed by the company from time to time in order to protect the best interests of both the user and the company.

• Log In (accessing the service):

1. The mobile phone application service is available inside the State of Qatar for individuals. It is subject to the requirements of registration, approval, and/or licensing in this region.
2. The user must have at least one account with the company. If the user owns more than one personal account or has another account, he can link some or all of the accounts/relationships to the main personal account. The accounts linked to each other under this service shall have one common owner and may be used in any transaction.

The user understands clearly that logging in and accessing the service using the user’s log in details provides access to and the ability to conduct transactions with all accounts with the company. As such, the user understands and agrees that the use of the service is not based on a single account owned by the user in the company, but the use of the service is based on all the user’s accounts with the company.

The user shall be responsible for any transactions in the linked accounts and shall be solely responsible for any claim or loss whether financial or other which is incurred by the company or an individual due to the user’s unauthorized access to the information available in the connected account, or unauthorized use of such information.

The user undertakes also to indemnify and protect the company against any claim and damages, or loss and agrees that when the linked account becomes available for any reason, the company may temporarily block the user’s log in and use of the service until the corrective action deemed necessary by the company is completed.

1. Any account not linked with the user’s account number shall not be eligible for any facilities provided through the mobile phone application service including the log in. A personal account that requires two or more signatures for making transactions cannot be considered as a qualified (acceptable) account. On request, the company may, at its discretion, allow that.

1. At the request of the user, the company (at its absolute discretion) may provide access to the account to the joint account holders that are authorized signatories. Under such circumstances, all account holders will be solely and collectively bound and responsible for compliance with these terms and conditions. Any instruction given jointly by account holders will be binding on all joint account holders and the company shall not be liable for any claim or dispute between the holders. The user also acknowledges sole and collective responsibility for all obligations that arise due to access to and use of the service by each account holder collectively.

1. The user undertakes not to use the service for any illegal purposes, including transactions prohibited by law.

1. In the event of a change in the status of one of the authorized or account owners, and the company has not been informed to update the data, and the user has the authority to access the application; the legal and financial responsibility lies with the user only.

3. PROCESSES and TRANSACTIONS

• The user declares that:

1. The company is permanently authorized to accept and act upon the instructions for financing/financial and non-financial transactions that are provided to the company and the user will abide by such instructions. The company will not be bound and shall not be obliged to take any action based on any instructions that are not properly consistent with the company’s procedures and policies, and the company has the right to reject such incompatible instructions.
2. The user agrees that all instructions sent from the mobile phone application are considered similar to a written document and agrees not to question or object to the validity and enforceability of any instruction on the basis that it is not an actual written document and waives any right to do so. Moreover, these instructions are considered original documents and the user agrees not to object to the acceptance of any such instructions.
3. The data and documents presented to the company are assumed to be correct and true and that on the event of any change in the documents presented the user shall inform the company. The user also agrees that the company can contact other sources to obtain or confirm data concerning the user and that the company has the right to present the papers and documents concerning the user to the regulatory, supervisory, or judicial authorities which are associated with them under the laws, instructions, orders, regulations, licenses, or contracts and for relevant purposes only.
4. The user agrees to give their financial and credit data to the Qatar Credit Bureau and to participate in all process and requirements related to providing information to the Qatar Credit Bureau, in addition to consent to pay the fees for submitting the data.
5. The user shall be responsible and bear all obligations resulting from requests and instructions received.
6. The user agrees to settle all and any fees accrued by the company, if any, or associated with a request for financing or financial service, and these fees shall not be refundable.
7. The user acknowledges and accepts that the payment for a service or a request made by them to the company cannot be considered evidence that the company has agreed to the service or request.
8. The user agrees that the closing time (deadline) on a working day is as the official working times of the State of Qatar from Sunday to Thursday, and that the closing time (deadline) shall be as required by the company for its business. All requests received after the closing date or in the company’s non-official hours shall be considered to have been received on the next working day.
9. The user agrees that the company shall not under any circumstances be responsible for any loss or damage resulting from the payment requests submitted to the company outside of the company’s official working hours.
10. The user agrees that any financial transaction would be realized upon completing the transaction successfully, provided that all the requirements have been fulfilled.
11. The user declares that all mobile phone devices are free from any virus, malware, or unauthorized software. In addition, the user agrees to not use software that can capture user IDs, passwords or user personal identification numbers (PIN). The user should only use compatible mobile devices as advertised by the company.
12. The user accepts that all credit amounts resulting from utilizing the mobile phone application service and the company’s books and registers are final and conclusive evidence on the correctness of any transaction.
13. The user accepts that the service depends on the infrastructure, communication, and services made available by the mobile phone service providers and middle agents appointed by the company, and agrees that the timeframe, and the accuracy and readability of SMS alerts, instructions, and information depends on factors affecting the mobile phone service providers and middle agents. The company for any reason shall not be liable for non-delivery or late delivery of SMS/alerts/instructions/information, amounts, error, loss or misrepresentation and distortion in the transmission of information and instructions to/from the user.
14. Further the user also accepts that the mobile phone services providers and middle agents appointed by the company are not agents or representatives of the company, and that they have no contractual relationship, cooperation, partnership, joint venture, or other relationship with the company.

• The company:

1. The company shall not transact instructions received through a general email message, and the company and the user shall not send any information of a sensitive nature by general email. In the event that the user uses the general email, the company shall not under any circumstances be responsible for any loss or damage resulting from this usage.
2. The company shall not be responsible for amounts (funds) of any third party resulting or arising from incorrect information or as a result of the user entering details incorrectly.
3. The company shall not be bound to provide the service or any part thereof at all times or during specific hours, and it may withdraw, restrict, or suspend the service temporarily at any time.

• The service shall be available to the user only when the user is within the range of the cellular circuits of the mobile telephone service providers or within the circuits that form part of the roaming network of the mobile telephone service providers.

• SECURITY

To access the electronic financial services provided through the mobile phone application, the user is required to enter a one-time password (OTP) received by SMS to the mobile phone number registered in the company’s records.

In addition to the username and other log in credentials, the company may, upon its absolute discretion, inform the user about using other authentication methods, for example but not limited to, digital signature, on-device fingerprints, voice, other biometrics, and/or smart cards. The user does not and shall never attempt or allow others to attempt to access the account’s information stored in the company’s computers through any means other than the electronic services.

• The company undertakes to exercise due diligence so that the password / transaction password or any other password shall not become known to any of the company employees or agents. The user is responsible for setting the password initially and changing it when necessary to ensure confidentiality and security.

• The user undertakes not to disclose the password or the transaction password to any individual and no individual is allowed to log in to the user’s mobile phone in a way that would allow that individual access to the service, with or without the user’s consent. The user is fully responsible for ensuring that the password is kept confidential and that their mobile phone is not used by any individual for a fraudulent reason. In the event that the password becomes known to an individual other than the user, this individual would be considered by the company an authorized user; and the company shall not be responsible for any loss or damage that may occur as a result of the password being known to other individuals. When the user becomes aware or suspects that another individual has become aware of their password, or when the user loses, replaces, gives up the ownership or control of his mobile phone, or that they have a reason to believe that some person can access their account, the user shall immediately notify the company by contacting the company’s call center on 44050444 to request the company to suspend and block the service.

• Unless and until the user provides notice to the company, all the instructions received by the company that relate to the user’s mobile phone number shall be considered sent by the user and the company shall be entitled to depend on such instructions whether they have been actually sent by the user or not. Further, the company shall not be responsible for any loss or claim arising from submitting any information under the service to the specific mobile phone number prior to receiving the notice. After receiving the notice the user shall bear no responsibility on the understanding that they acted in good faith, exercised reasonable care and diligence in protecting the specific mobile phone number, and informed the company immediately about its loss or theft; and the user accepts that the company may not be able to cancel or invalidate the transactions already executed with regard to the instructions received before the user submitted the notice to the company.

• The user agrees and undertakes to consider and treat access rights, documents, and any other information relevant to the service as private and strictly confidential at all times. The user accepts that the company may be obliged to send information relating to the user’s accounts to the mobile telephone service providers or middle agents appointed by the company if this information is necessary to make the service available to the user.

• The user shall take all reasonable precautions to prevent the theft, disclosure of, or unauthorized use of the personal security codes and, in particular, should never write down these security codes, and should immediately destroy any message from the company with regard to security codes or in connection with security codes. When the company allows the user to change security codes, the user should not select a number that is easily predictable such as dates of birth, phone numbers and so on.

• For security reasons and for preserving the confidentiality of information, when the user leaves the mobile phone application on for some minutes, the application will automatically close and log out. In order to log in again the user must register from the beginning and enter the username and security code.

• All the technology-based functions and electronic authentication methods for the security and safety of the electronic data, transmission of electronic communications, and identification of the sender will be subject to change depending on the company’s absolute discretion. The company is not obliged to give the user a prior notification regarding any technological change.

• COMBATING MONEY LAUNDERING

To benefit from the services provided by the company, all information must be supplied as required by the company under the laws of Qatar Central Bank on Anti-Money Laundering and Combating the Financing of Terrorism, and the regulations of the company. In case of failure to fulfill the criteria for information or that the information given by the client is not accurate, fraudulent, or deceptive, the company shall bear no responsibility and has the right to refuse to provide services to the user. If there is suspicion about the user’s participation and involvement in money laundering, terrorism financing, or other illegal activities, Qatar Central Bank and other legally competent authorities shall be immediately informed.

• SERVICE FEES

The company has the right to deduct from the user’s accounts applicable fees for financial transactions or related services executed through using the service. These fees shall be in accordance with the company’s schedule of fees. The company has the right to change its policies on fees and the charges that contain the fees for using this service.

• USER INFORMATION

• The user shall inform the company immediately in writing about changes in the information and details given in any documents regarding financial services via the mobile phone application provided by the company, including details of the mobile phone number and the telecommunications company that provides the service and shall also give any additional information the company requires from time to time for making the service available to the user.

• The user authorizes the company to carry out the following:

1. Disclosing or sharing information, details, or data (based on the company’s decision and for whatever purpose) about the user to the company’s employees or another individual, associate member of the company, and any regulatory body, and to third parties in accordance with requirement of the legal bodies and authorities located in the State of Qatar.

1. Storing of these details and data at different locations.

1. Assigning or subcontracting to any member of the company or any third party in any region with regard to the provision of any part of the services provided to the user by the company.

• THE MOBILE DEVICE

The user shall be solely responsible for ensuring that their mobile device and other equipment through which the user or any authorized user accesses and utilizes the service are suitable for such use and function properly (including the provision of sufficient storage for downloading data to a hard disk or paper for printing). The company shall not be responsible for any loss or damage affecting the user due to the incompatibility of any of the user’s equipment or tools or that they are not working properly.

• COMMUNICATION
  • The company has the right to register and maintain a record of the user’s electronic or other communications as long as appropriate in accordance with the company’s policies.
  • The correspondence and communications sent via the mobile phone application after the user authorizes using his credentials are deemed as fulfilling any legal condition, i.e., similar to a communication that is in writing and signed off.
  • The communications sent via the service shall be considered to have been delivered immediately on receipt.
• COMBINATION AND CONSOLIDATION OF THE ACCOUNTS

The company, depending on its absolute discretion, at any time, and without giving the user a prior notification, has the right to combine and consolidate all or any of the user accounts for the settlement of any liabilities (claims) toward the company.

• MODIFICATIONS ON THE SERVICE

The company has the right to modify any of its procedures relating to accessing and using the service and to make modifications to the terms and conditions and the schedule of fees.

• CASES OF VIOLATION AND DEFAULTING

The company, without bearing any obligation or liability, has the right to terminate or suspend temporarily access to the service or part of it immediately without giving the user prior notification in the following cases:

• The company has the right to register and maintain a record of the user’s electronic or other communications as long as appropriate in accordance with the company’s considerations.

• When the user no longer has an active account with the company in the State of Qatar.
• When the relationship between the user and the company has been terminated.
• When the user informs the company of changes in the user’s status which are not acceptable to the company.
• When the user breaches the terms and conditions of this agreement or when the applicable fees related to the transactions and services performed through using the service remain unpaid for one month.
• When the user is blocked or is put on the waiting list.

13. INTELLECTUAL PROPERTY

The copyrights pertaining to the information that has been provided and the software that has been licensed to the user shall be the property of the company. The user can use this information for his personal information only; they may copy this information on hard copies for his personal use only; and they may not be copied, distributed, or sent to any individual, or included in another document or material unless prepared by the company for this purpose in advance. The user agrees and accepts that the company owns all the rights and interest pertaining to the trade and brand name of the financing services via the mobile phone. Nothing in this agreement gives the user any ownership right on the trade name of the company’s financing services via mobile phone.

14. THE SOFTWARE

14.1 The user shall not use the software for any purpose other than utilizing the services under this agreement.

14.2 The user shall not download or install the software on a mobile device that they do not own or on which they have no exclusive control of.

14.3 The user shall not allow or enable any individual to access the programs and shall not leave his mobile device unattended in any way that would enable such individual to access and log in to the software.

14.4 The user or any other individual should not copy, modify, or change the engineering of the software.

14.5 The user shall not allow any individual to obtain the password (application access password, one-time password) or activation codes and shall not enable any individual to download a copy of the software.

14.6 The software is available to the user strictly on the “AS IS” basis and no warranty or guarantee will be given in respect of the software, including any warranty or guarantee relating to the software’s popularity, suitability, quality, or compliance to the description; all the warranties/ guarantees stipulated in law shall be excluded from this agreement. Further, the user agrees that the company cannot confirm that the software would be compatible or can be used in conjunction with any mobile phone. The user agrees that the company is considered not responsible for any incompatibility, or loss or damage to any mobile phone that might occur due to the software or installation process.

15. RESPONSIBILITY
16. Except for proven gross negligence and/or intentional misconduct by the company, the user will be liable for any damage or loss incurred by the user or the company that appears directly or indirectly from the application (whether such damage or loss, among other things, is caused by the disclosure of confidential information or user data through the specified mobile phone number, telecommunications equipment, or other equipment) and the user is fully responsible for indemnifying and protecting the company, its employees, directors, employees, and agents from all claims, demands, liabilities, losses, compensations, costs, and expenses that occur and result from the use of the application or the user’s violation of this agreement without limitation.

1. The company shall bear no responsibility or obligation to help the user access another internet site or contents of any other site, whether via the site which the user is linked to or that the user can link to from another internet site, and shall not be responsible for the results and effects of transacting that depends on the contents of the other internet site.

16. FORCE MAJEURE

The company shall not be responsible for any delay or disruption to the company’s service via the mobile phone application that appears to be from a reason or reasons beyond its control, including for example, acts of God, procedures of government or regulatory bodies, war, fire, flood, explosion, terrorism, riot, civil commotion, non-availability, non-operation, disruption, computer viruses, disruption or stoppage of utilities and internet service provider, disruption or stoppage of transmission, communications, or other network systems.

17. CONDITIONS FOR DISCHARGE OF RESPONSIBILITY

The company shall not be responsible for:

1. Any unauthorized usage of the functions (tasks) by the user, or deceptive, repeated, or erroneous transaction instructions given by using the credentials of the user.
2. Transactions carried out in good faith according to financial instructions received by the company.
3. Error, delay, or inability of the company to act on all or part of the instructions.
4. Loss of any instructions for transactions or messages while in the process of sending them.
5. When the company is considered entirely or partially unable to control or perform under these terms and conditions due to reasons out of its control, including but not limited to, breakdown of equipment, system, or mailing link, disruption, sabotage, fire, flood, explosion, other acts of the elements, acts of God, accidents, epidemics, strikes, boycotting, disruption of electric current, power failure, labor disputes, the procedures and requirements of any government or competent legislator or for any other unavoidable reasons, the payment of the company’s liabilities affected by these reasons shall be exempt as long as these reasons continue. Consequently, the performance of the company’s obligations affected by these causes will be waived for the duration of these reasons, and the company shall not be responsible for any delay, loss, damage, or obstacles whatsoever that would appear, occur, or in connection with a reason or more of the reasons mentioned above.
6. Unauthorized access by any other individual to financial instructions given by the user or breach of confidentiality.
7. The company shall not be liable for any loss or damage incurred by the user due to the negligence or actions of any third party.
8. The user agrees that the company has granted the user a nonexclusive license for utilizing the related software (if available) of the company’s services via a mobile phone, or for the functions and tasks of the services. This allows the user to use such software only for its specific purposes as are stipulated in this agreement, and the user shall not disassemble, compile, copy, modify, or alter the engineering of any software and shall not allow any individual to do that. The company’s services via a mobile phone allows the user to access services and information from the company and any of its branches and which are provided by a “distinctive look and feel”. These services, information, and “distinctive look and feel” are the company’s intellectual property and such services are for the user’s personal use and non-commercial use, and they shall not copy, sell, distribute all or part of the information provided to them through these services.

18. PARTIAL APPLICABILITY AND SEVERABILITY OF PROVISIONS

When one of the terms and conditions is deemed revoked, canceled, and invalid for any reason, this condition shall not affect the validity and enforceability of all and any of the remaining (other) terms and conditions in this agreement.

19. AMENDMENTS TO TERMS AND CONDITIONS

The company has an absolute right to change, amend, alter, cancel, or modify these terms and conditions from time to time. The updated terms and conditions shall be available on the application service via a mobile phone or on the company’s website and the user must read these terms and conditions from time to time to ensure awareness of the content.

20. GOVERNING LAW

The validity and interpretation of the terms and conditions shall be subject to the laws applicable in the State of Qatar, and the Qatari courts shall be competent in the settling and adjudicate any dispute that arises from or in connection with this agreement.

In the event of any controversy in the interpretation of the clauses written in Arabic and English, the text of the Arabic language shall prevail.

The user confirms that they have read, understood, and accepted the abovementioned terms and conditions, and therefore has signed this agreement.