1. INTRODUCTION 

   1.1 Applicable Terms

We, Karty LLC (“Karty”), thank you for using our Services (as defined below) or for visiting our website available at www.karty.qa or for downloading the Karty App (defined below) available at Apple App Store, Play Store. By accessing, downloading, or using Karty Services (as defined below), you agree to comply with and be bound by the following:

1. This Karty Terms and Conditions (“Terms and Conditions”);

2. The Karty Data Privacy Policy (the "Privacy Policy"); and 

(Hereinafter collectively referred to as the "Combined Karty Terms") 

Please read each of these Combined Karty Terms carefully, starting with this Terms and Conditions as they contain important information about your legal rights, remedies and obligations. These Combined Karty Terms constitute a legally binding agreement between you and Karty governing your access to and use of the Karty Services. If you do not understand these documents or do not accept any part of them, then you should not use the Karty Services. You understand and agree that Karty reserves the right to update any of these Combined Karty Terms from time to time. You must ensure that you keep yourself up-to-date and read the Combined Karty Terms at close intervals. 

By accepting the Combined Karty Terms, you represent and warrant the following:

1. You are eighteen (18) years of age or older;

2. You are capable of entering into a legally binding agreement; and

3. You are not barred or otherwise legally prohibited from accessing or using Karty Services (as defined below) under the Applicable Laws.

   
   

   2. DEFINITIONS

For the purposes of this terms and conditions:

“Account” shall mean your Karty account.

“AML/CFT” shall mean Anti Money Laundering and Counter-Terrorism Financing.

“Affiliates” shall mean any individual, corporation, partnership, limited liability company, association, trust, unincorporated entity or other legal entity that directly, or indirectly through one (1) or more intermediaries, controls, is controlled by, or under common control of Karty.

"Applicable Law(s)" shall mean all applicable laws, rules, regulations, guidelines, statutory or government notifications applicable to these Terms and Conditions or the Services, including laws of the Qatar Financial Centre, Qatar Central Bank regulations or any other jurisdiction where Karty conducts business. 

“Card” shall mean any card (credit card or debit card) or prepaid payment instrument offered and issued by Karty to the Customer (as defined below), that is eligible for use by a Customer to fund Payment Transactions. 

 “Card Services” shall mean the services offered by Karty for application and management of Cards, including enabling Customer-to-Merchant transactions, as well as related offers and services offered by Karty through a sponsored bank to the Customer. 

“Customer” or “User” shall mean a person who registers for Karty Service(s).

“Charges” shall mean the fee payable by the Customer to Karty in relation to each transaction as determined by Karty from time to time. 

“Funding Instrument” shall mean any card, such as a credit card, debit card or prepaid card that is registered or used by the Customer to fund the E-Wallet. The use of such cards is subject to Karty's acceptance criteria, which may change from time to time. Karty reserves the right to approve or decline specific cards at its sole discretion. 

“E-KYC” refers to the electronic process of verifying the identity of Customers using digital methods, such as biometric verification, document authentication and secure online validation.

“E-Wallet” means the e-wallet account opened by the Customer on the Karty App which is used for loading the E-Wallet, withdrawing, transferring, and other types of transactions facilitated through Karty Services, as detailed herein.

“Karty App” shall mean the mobile application which facilitates Karty Services.

"Karty Service(s)" or "Service(s)" shall have the meaning ascribed to it under Clause 3.

"Karty Contact Centre” shall mean customer care support available via email at support@karty.qa. 

“Mobile” means any mobile device that is compatible with any of the working mobile network operators working in the State of Qatar and is compatible with these networks.

"Merchant" shall mean a person or entity who/which:

1. avails the Karty Services for their business/ business program; or 

2. provides Karty as a payment option to its Customers through a Payment Participant; or 

3. uses Karty to collect payments from its Customers for goods and services purchased from another Merchant either offline or through any online platforms.

“P2P” shall mean a peer-to-peer transaction.

"P2P Service" shall mean the Karty Services for facilitating P2P Payment transactions.

"P2P Payment" shall mean a payment initiated by a Customer using the P2P Service that debits (or Charges) the E-Wallet of the Customer (i.e., Sender) and makes the funds available in the E-Wallet designated by the Recipient. 

“QID” shall mean national identity card issued to all residents of the State of Qatar. 

"Recipient" shall mean a Customer, Merchant or third party who receives a payment from the Sender.

"Sender" shall mean a Customer who uses the Karty Services to send a payment to a Recipient.

“Service Provider” shall mean any of the establishments Karty contracts to provide some services related to providing the Service.

“Terms and Conditions” shall mean these terms and conditions, as may be amended from time to time.

"Transaction" or "Payment Transaction" shall mean: 

1. the payment request made by the Customer for sending or receiving payments, including P2P Services for Account holders;

2. Customer-to-Merchant payments facilitated through Card Services; and

3. any payments or transactions facilitated through Karty Services.

"We", "we" or "us" or “our” shall mean Karty.

"You", "you", or "“your", “User” shall mean a Customer.

3. SCOPE OF KARTY SERVICES

Karty is a payment solution application enabling Customers to perform various functions, including but not limited to: 

1. Card Services;

2. P2P Services - initiating and managing P2P Payments transactions between Account holders;

3. adding or withdrawing funds to/from the E-Wallet;

4. make payments at merchant POS (Point of Sale) transactions, including: ATM withdrawals and deposits, POS payments at physical retail locations, e-commerce transactions through online platforms, and any other payment types facilitated through the Karty App and/or the Card;

5. accessing offers, promotions, or loyalty programs; and 

6. any other functionality or feature as determined by Karty from time to time (collectively, “Karty Services”).

4. THIRD PARTY TERMS AND CONDITIONS

Karty may facilitate provision of third-party products or services to you within Karty. These third-party products or services are offered by parties other than Karty and are subject to third party terms. You may need to accept additional terms and conditions and meet additional requirements to use these third-party services. You should only transact with a third-party product or service that you trust. Karty will not be responsible or liable to you for any loss incurred by you as a result of your interaction with a third-party product or service on Karty App.

5. HOW TO CREATE AN ACCOUNT

5.1 You must have an Account to use Karty App. If you do not already have an Account, you can register for one on Karty App. When you login to your Account on Karty App, your Services will be activated, subject to you accepting these Combined Karty Terms. You agree and accept that Karty is not responsible for the loss of data, or any other damage suffered by you as a result of the closure of the Account by you and its subsequent restoration. During the login/registration process or anytime thereafter, you may be asked to provide information such as your name, phone number, QID, Funding Instrument information (including, but not limited to, your bank name and bank account number, credit card/debit card details, if applicable), date of birth, and/or other registration information. We may verify your registration information with a Service Provider, and/or Third-Party Provider (as defined below). In some cases, we may ask you to send us additional information/documentation or to answer additional questions (before or after your Account has been activated) to help us verify your identity or the accuracy of the information you provided. The provision and use of such data is subject to the Privacy Policy. We may deny your use of the Karty Services, if we are unable to verify the accuracy or completeness of the information and documentation you provided or we determine that you are not eligible to use Karty Services, pursuant to the Combined Karty Terms.

5.2 To create an Account you must:

1. be over 18 years of age; 

2. hold a valid Qatar ID;

3. have an active mobile number issued from a network operator from Qatar; and

4. provide all the requested details accurately and correctly, and such other information as may be requested from time to time.

6. ELECTRONIC KNOW YOUR CUSTOMER (“E-KYC”) CHECKS

Customers will be able to complete E-KYC checks. Customers will have the option to upload valid documents to the Karty App, which will be checked for AML/CFT compliances as mandated by relevant regulatory authorities.

Karty bears no liability for inaccurate documents being uploaded by a Customer and relied upon by Merchants, Recipients or other third parties. All liability shall be solely borne by the Customer. 

7. MECHANISM FOR USE OF KARTY SERVICES

7.1 Upon successful completion of the Account opening procedures and after verification of the Customer’s identity, Karty will send a notification to the Customer confirming the opening of the Account. Such notification may be delivered through methods deemed appropriate by Karty, including but not limited to email, SMS, push notifications, or in-app messages. 

7.2 Karty reserves its right to revise and approve or reject the Customer’s Account opening request. 

7.3 Karty shall have the right to verify any kind of false play/ fraudulent actions at any time at its sole discretion.

7.4 The Account has to be linked to an email address and Mobile number provided by any of the active mobile networks in Qatar, and this line has to be owned by the Customer and in his/her actual possession.

7.5 The Customer is solely responsible for maintaining the confidentiality and security of their password, card PIN, App passcode, biometric Face ID, and any other credentials associated with their Account at all times. As such, the Customer will bear full responsibility for any disclosure of data or information related to their Account that results from a failure to properly protect these credentials, including any errors, omissions, or negligence on their part.

7.6 The Customer shall have the right to manage their Account by loading funds into the E-wallet, withdrawing amounts, or transferring amounts from his/her E-Wallet to other Customers and/or Merchants. The Customer shall also have the right to use third party services available within the Karty App for Account top-up services. It being clarified that the Customer may withdraw or deposit funds into their E-Wallet within the limits set by Karty from time to time or as otherwise prescribed by Applicable Law.

7.7Customers holding different Funding Instrument may fund their E-wallet by transferring from such Funding Instruments to the E-wallet. The use of such Funding Instrument is subject to Karty's acceptance criteria, which may change from time to time. 

7.8 The Customer acknowledges and accepts responsibility for all Transactions and operations carried out on the E-wallet, provided that such Transactions and operations have been executed through the E-wallet and authenticated using any applicable authentication method for the transaction type. This includes, but is not limited to, biometric/facial recognition, passcodes, passwords, PIN codes. The books and records of the Transactions on the Karty App shall serve as conclusive evidence of such Transactions, and the Customer acknowledges that they, and no other party, shall be held responsible for any such actions.

7.9 Karty will not be responsible for any losses or damages that can affect the Customer due to the misuse of the Service, any mistake or damage caused by the Customer, insufficiency of the funds in the E-wallet, or any other reason attributable to the Customer. Additionally, Karty shall not be responsible for any issues, problems, or malfunctions that may occur within the Karty App. Karty also disclaims any liability for the use of third-party services, including but not limited to vendors, Merchants, or any other third parties associated with the provision of the Services.

7.10 The Customer acknowledges that Karty 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. Additionally, Karty shall not be liable for any charges incurred by the Customer for the usage of internet or mobile phone data in connection with the use of the Service.

7.11 Karty will not be responsible for any Merchant’s refusal of available balance as a payment method and will not be responsible for goods or services that the Customer will acquire using this balance. Any complaint from the Customer in this issue, he/she will have to resolve it with the Merchant directly, and Karty’s role will be limited only in this regard to add any amount he/she might get refunded to the E-Wallet after Karty has received valid instructions from the Payment Scheme.

7.12 In case the Customer’s mobile phone is lost or stolen, or if an unauthorized individual gains access to the Customer’s authentication methods (including, but not limited to, password, PIN code, app passcode, biometric recognition, etc.) and execute any transactions on the Customer’s Account using the Mobile phone or authentication methods, the Customer shall be fully responsible for any resulting actions. The Customer must immediately disable the Account via the Karty App or by contacting Karty Contact Centre. The Customer is obligated to make reasonable efforts to secure the Account by updating their login credentials (such as password, passcode, PIN, etc.), and may contact the Karty Contact Center for any required support. Karty will conduct an investigation into such unauthorized transactions, and any decision reached by Karty shall be final and binding. The investigation will be conducted impartially, without any prejudice.

7.13 In the event of any complaint from the Customer regarding the Service, the Customer should use the in-app support feature to raise the concern. The support agent shall then transfer this complaint to the concerned department, which will ensure that the Customer is provided with a response within the specified duration for each type of concern.

7.14 The Customer undertakes not to misuse the E-wallet or permit any third party to misuse the E-wallet for unusual or suspicious transactions, or for transactions related to financial/fraudulent crimes, including but not limited to fraud, money laundering, terrorist financing, fundraising, distributing of funds for charitable purposes, trading in virtual currencies or virtual assets, or gambling. The Customer also undertakes to promptly notify Karty and the relevant authorities if they suspect the occurrence of any of such transactions, regardless of whether the transactions were completed or the value involved.

7.15 The Customer shall be liable for all direct/indirect loss if he has breached the Terms and Conditions contained herein or contributed or caused the loss by negligent actions or a failure on his part to advise Karty within a reasonable time about any unauthorized access in the Account, or about any suspicious transactions.

7.16 The Customer has the right at any time to close their Account and liquidate their electronic deposits by reaching out to Karty Contact Centre within the App or through any channels made available by Karty. The Customer may request Account closure only after the Account does not hold any balance. This can be achieved by transferring funds to other accounts, ATM withdrawal, or making payments using the Karty Card. Karty is committed to closing the Account within 45 (forty-five) days of receiving the cancellation request, after ensuring that the Account balance is zero. 

7.17 To use the Karty App, 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. Your ability to use Karty App and the performance of Karty 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. Karty will not be responsible for any lapse of security or failed Transactions due to your internet or Device service provider.

7.18 You may be required to install updates to the Karty App that Karty introduces from time to time to access, use, or continue using Karty Services. The Karty App may communicate with Karty servers periodically to check for available updates, including but not limited to bug fixes, patches, enhanced functions, missing plug-ins, and new versions (collectively, the “Updates”). By using the Karty App, you agree to receive such Updates automatically Karty may update the Karty App to a new version, irrespective of any update settings that you may have selected within the Karty App or your Device, if Karty determines, at its sole discretion, that the update will fix a critical security vulnerability related to the Karty App.

7.19 The right to use the Service and benefit from it is exclusively granted to the Customer, and no one else. The Customer is strictly prohibited from allowing any other person to use or benefit from the Service. In the event that Karty becomes aware, or has reasonable grounds to suspect, that the Account is being used by anyone other than the Customer, Karty reserves the right to suspend or block the Account.

7.20 Karty reserves the right, at its sole discretion, to suspend or cancel the Service if it determines that the Services are being used in contradiction to any of the terms and conditions set forth herein or any Applicable Law. This includes, but is not limited to, violations of the regulations of Qatar Central Bank, AML/CFT laws, or engaging in transactions involving prohibited products, goods, or services under Applicable Law, or dealing with restricted entities and individuals.

8. KARTY’S ROLES AND RESPONSIBILITIES

You understand and agree to the following: 

1. Karty is not a party to these Payment Transactions (to the extent Karty is a facilitator of the Payment Transaction);

2. Karty may, in certain scenarios, act as an intermediary and operate as a payment collection agent for the limited purpose of receiving funds on behalf of the Recipient;

3. Karty is not and will not be responsible for any aspect of the products or services you purchase;

4. Karty is not responsible for any act of Customers, including, non-completion of a Transaction;

5. The facilitation of a Transaction does not guarantee that the Transaction will be authorized or processed, or that the Transaction will not later result in a chargeback or other reversal;

6. Karty is neither acting as a trustee nor acting in a fiduciary capacity with respect to any Payment Transaction; 

7. Karty does not determine, advise or in any manner control the commercial terms of the Payment Transaction, including the price of products and services offered for sale;

8. The primary currency used in providing Service is Qatari Riyal; however, other currencies may be supported for international transactions as determined by Karty;

9. Every email address and mobile number is linked only to one Account;

10. Karty is committed to maintain the confidentiality of all data and information that might be handed over by the Customer. Karty is also committed to preserve the confidentiality of all operations performed by the Customer through any of the electronic mediums used in providing the Service. Karty and the Customer are committed not to disclose any of the above except according to the Applicable Laws, or for applying any sentences, or abiding orders or regarding terms and conditions of using the service;

11. The Customer commits of his/her consent that Karty can submit or disclose all or some information and documents related to his/her 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 Karty sees adequate and necessary;

12. Karty reserves the right to terminate Karty Services at any time, by notifying the Customer at least 30 (thirty) days prior to the termination. This applies in the event that Karty ceases its operations or is no longer providing the Services.

13. In case the Customer does not accept any of these amends or changes he/she must inform Karty of his/her 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 Karty a request to close E-wallet and execute needed settlements including payment of any dues and refunding any remaining amounts owed to him/her in his/her balance and then follow same procedures of cancellation. Karty may also transfer any balances in the dormant E-wallet account in accordance with Applicable Law without referring to the Customer if the account balance has passed a specified period according to Qatar Central Bank instructions regarding the dormant accounts; 

14. In case any information or data related to the Customer is changed, the Customer is committed to inform Karty right away of the change by updating the said information in the Customer’s profile on the Karty App;

15. Any dispute arising between the parties shall be resolved by the Qatar Financial Center Courts specifically the Qatar International Court and Dispute Resolution Center;

16. Karty has the right to change the maximum limit of withdrawals, payments or any other transactions as it deems appropriate in accordance with Applicable Law. Karty is committed to informing the Customer of such changes through means it considers appropriate.

    9.0 PROHIBITED CONDUCT

By accessing or using the Karty App or by availing Karty Services, You agree not to:

1. violate the Combined Karty Terms;

2. impersonate any person or entity, falsely claim or otherwise misrepresent your affiliation with any person or entity, or access the accounts of others without permission, forge another person’s digital signature, misrepresent the source, identity, or content of information transmitted via the Karty Services, perform any other similar fraudulent activity or otherwise avail Karty Services with what we reasonably believe to be potentially fraudulent funds;

3. infringe our or any third party’s intellectual property rights, rights of publicity or privacy;

4. use the Karty Services if You are under the age of 18 years 

5. post or transmit any message which is libelous, defamatory or which discloses private or personal matters concerning any person;

6. post or transmit any message, data, image or program which is pornographic, vulgar or offensive in nature;

7. refuse to cooperate in an investigation or provide confirmation of your identity or any other information provide by you to Karty;

8. remove, circumvent, disable, damage or otherwise interfere with security-related features of the Karty Services and the Karty App or features that enforce limitations on the use of the Karty Services or the Karty App;

9. reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of as regards Karty Services or Karty App or any part thereof, except and only to the extent this is expressly permissible by Applicable Law;

10. use the Karty Services or the Karty App in any manner that could damage, disable, overburden, or impair it, including, without limitation, using the Karty Services or the Karty App in an automated manner;

11. modify, adapt, translate or create derivative works based upon the Karty Services and the Karty App or any part thereof, except and only to the extent that that this is permissible by Applicable Law;

12. intentionally interfere with or damage operation of the Karty Services or the Karty App or any other user’s enjoyment of it, by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code or file with contaminating or destructive features;

13. use any robot, spider, other automatic device, or manual process to monitor or copy the Karty App without prior written permission;

14. interfere or disrupt the Karty App or networks connected to the Karty App;

15. take any action that imposes an unreasonably or disproportionately large load on Karty’s infrastructure/network;

16. use any device, software or routine to bypass the Karty App’s robot exclusion headers, or interfere or attempt to interfere, with the Karty Services;

17. forge headers or manipulate identifiers or other data in order to disguise the origin of any content transmitted through the Karty App or to manipulate your presence on the Karty App;

18. sell the Karty Services, information, or software associated with or derived from it;

19. use the facilities and capabilities of the Karty App to conduct any activity or solicit the performance of any illegal activity or other activity which infringes the rights of others;

20. breach this Terms and Conditions, the Combined Terms or any other agreement or policy as may be applicable pursuant to this Terms and Conditions;

21. provide false, inaccurate or misleading information;

22. use the Karty App to collect or obtain personal information, including without limitation, financial information, about other users of the Karty App, except and only as expressly provided in the Terms and Conditions;

23. avail Karty Services with what Karty reasonably believes to be potentially fraudulent funds;

24. use the Karty Services in a manner that results in or may result in complaints, disputes, reversals, chargebacks, fees, fines, penalties and other liability to Karty, a third party or You;

25. use the Karty Services in a manner that Karty or any payment card network reasonably believe to be an abuse of the payment card system or a violation of payment card network rules;

26. take any action that may cause Karty to lose any of the Karty Services from its Service Providers or lose any of its Payment Participants, recharge partners or business partners, including mobile operators or telecom companies, payment processors or other suppliers; or 

27. send automated request of any kind to the Karty App without express permission in advance from Karty.

    
    

    10. DISCLAIMER OF KARTY’S LIABILITY:

10.1 Karty is not responsible for any aspect of the products or services you purchase or for any communications or offers made to you. 

10.2 Karty’s role as a payment collection agent for the Recipient will not make Karty liable or responsible for breach of representations and warranties, non-provision of after- sales or warranty services or fraud, and the products and/or services sold by a Merchant.

10.3 In no event, Karty or its contractors, agents, licensors, partners or suppliers will be liable to you for any special, indirect, incidental, consequential, punitive, reliance, or exemplary damages (including without limitation lost business opportunities, lost revenues, or loss of anticipated profits or any other pecuniary or non-pecuniary loss or damage of any nature whatsoever) arising out of or relating to: 

1. this Terms and Conditions;

2.  the Combined Karty Terms;

3. the Karty Services;

4. the Karty App or any reference site/app/platform/service; 

5. Your use or inability to use the Karty Services, the Karty App (including any and all materials) or any reference sites/app/platform/service, even if Karty or a Karty authorized representative has been advised of the possibility of such damages; or

6. any other claims or issues with Karty, whether arising in contract, tort (including negligence), warranty or otherwise, Karty’s liability shall be limited to the amount You paid for the Karty Service. 

10.4 You acknowledge and agree that Karty has offered its products and Services, set its prices, and entered into this Terms and Conditions in reliance upon the warranty disclaimers and the limitations of liability set forth herein, that the warranty disclaimers and the limitations of liability set forth herein reflect a reasonable and fair allocation of risk between you and Karty, and that the warranty disclaimers and the limitations of liability set forth herein form an essential basis of the bargain between you and Karty. Karty would not be able to provide the Services to you on an economically reasonable basis without these limitations. 

10.5 Applicable Law may not completely allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitations or exclusions will apply to you subject to Applicable Law. In such cases, Karty’s liability will be limited to the fullest extent permitted by Applicable Law. This paragraph shall survive the termination of this Terms and Conditions.

10.6 The Services, including all content, software, functions, materials, and information made available on, provided in connection with or accessible through the Services, are provided "as is". To the fullest extent permissible by Applicable Law, Karty, and its Affiliates, and their agents, co-branders or other partners, including but not limited to, Platform manufacturers (collectictively the "Karty Parties" and individually the “Karty Party”), make no representation or warranty of any kind whatsoever for the Services or the content, materials, information and functions made accessible by the software used on or accessed through the Services, or for any breach of security associated with the transmission of sensitive information through the Services. Each Karty Party disclaims without limitation, any warranty of any kind with respect to the Services, noninfringement, merchantability, or fitness for a particular purpose. Karty does not warrant that the functions contained in the Services will be uninterrupted or error free. Karty or Karty Parties shall not be responsible for any service interruptions, including but not limited to system failures or other interruptions that may affect the receipt, processing, acceptance, completion or settlement of Payment Transactions or the Services.

11. CARD SERVICES: 

    11.1 Karty App provides a technology platform for displaying Card Services. Karty’s role includes issuing and providing technology services related to the Cards. You understand and agree that the terms and conditions of the Card shall be governed by these Terms and Conditions. Karty makes no representations, warranties, or guarantees regarding the approval or rejection of the Card application, which is at Karty's sole discretion. 

    11.2 You agree that Karty may send you offers pertaining to Cards and related services for which you are eligible. You acknowledge that your eligibility for a Card shall be determined at Karty's sole discretion, based on Karty's customary procedures, and shall be subject to approval or rejection solely at Karty's discretion.

11.3 Applying for Cards 

To apply for a Card issued by Karty, you are required to submit your request for the new payment card (physical and/or virtual) using the Karty App or any other platform provided by Karty. As part of the application process, you may be required to provide personal information, including but not limited to your address and any other details required by Karty. You are responsible for ensuring that all the details you provide are accurate and up to date. Any errors in the information provided will be the responsibility of the Customer. Any operational expenses or issues arising from inaccuracies in the information will be borne solely by the Customer. For any rectification of discrepancies related to your Card, or to close or terminate your Card, you may reach out to Karty Contact Centre. By availing of the Card Services through Karty, you expressly authorize Karty to access, use, and store your Card transaction information on an ongoing basis, on your behalf, for the purpose of providing you with Services on Karty. This includes displaying transaction information to you, sending you offers related to your Card and other eligible services, and assisting with fraud analytics and fraud mitigation effort.

12. ACCURACY OF INFORMATION: 

You understand and agree that you are solely responsible for the accuracy and completeness of all information provided when making a payment request on the Karty App, including but not limited to the Transaction Amount and Recipient details. The applicable Charges for the Transaction will be determined by Karty and presented to you for confirmation before proceeding with the Payment Transaction. Karty shall not be liable for any errors, inaccuracies, or losses arising from incorrect or incomplete information provided by you.

13.  KARTY’S USE OF THIRD-PARTY PROVIDERS: 

In addition, Karty may have arranged for third party providers to provide products or services to you through Karty App (“Third Party Providers”). In order to use these products or services, you may be required to agree to additional terms and conditions from such Third-Party Providers and may be subject to additional requirements of the Third Party Provider. By agreeing to these Combined Karty Terms or continuing to use Karty Services, you hereby agree to any Third-Party Provider terms that apply to your use of such products and services through Karty App, which may be updated from time to time. For the avoidance of doubt, the Third-Party Provider terms are between you and the applicable Third-Party Provider, not Karty. Karty is not liable for any actions or inactions of such Third-Party Providers.

14. CHARGES AND FEES 

    14.1 The Customer commits to pay the Charges and fees related to withdrawal, loading wallet, transfer, and any other additional services fees provided through the Service determined by Karty according to the services tariff announced by Karty every now and then.

    14.2 Karty reserves its right to amend any Charges and fees at any time according to its own assessment and announcing fees in the form Karty sees adequate. The annunciation is considered a working notification. Using the Service after amendment date is considered an acceptance from the Customer’s side with no reservations.

    14.3 The Customer commits irrevocably to compensate Karty for any losses, claims, damages or costs and expenses that Karty might bear as a result of execution of his/her instructions, including court and counseling fees.

    14.4 If Karty identifies any actions by the Customer that may constitute a violation of AML/CFT laws, Karty reserves the right to suspend all transactions on the Customer's Account until the Customer provides a satisfactory and acceptable justification. This is without prejudice to Karty’s right to take any further actions as permitted under Applicable Laws.

    14.5 The Customer acknowledges and accepts the Charges, tariffs, fees, and commissions applied on Karty’s Services as declared in Karty’s App. The Customer also agrees that Karty has the right to amend the declaration without the Customer’s prior consent.

    
    

15. TRANSACTIONS USING KARTY SERVICES

15.1 Limitations on the Use of the Karty Service: The Customer agrees and acknowledges that Karty may establish general practices and limits concerning the use of Karty. We reserve the right to change, suspend or discontinue any aspect of Karty at any time, including hours of operation or availability of Karty Services or any Karty Service feature, without notice and without liability. We also reserve the right to impose limits on certain features or restrict access to parts or all of the Service without notice and without liability. We may decline to process any Payment Transaction without prior notice to Sender or Recipient. 

15.2 We do not warrant that the functions contained in Karty App will be uninterrupted or error free, and we shall not be responsible for any Service interruptions (including, but not limited to, power outages, system failures or other interruptions that may affect the receipt, processing, acceptance, completion or settlement of Payment Transactions).

15.3 Transaction Limits: Each Transaction is subject to minimum and maximum Transaction limits that may be set by Karty or as may be prescribed under the provisions of Applicable Law. In addition, Karty may also reject/suspend Transactions (in whole or in part) on your Account on Karty App based on their respective policies and assessment.

15.4 Transaction Records: Records of your Transactions will be reflected in your Transaction history in your Karty App. You are responsible for reviewing your Transaction activity to determine if there are any errors or unauthorized Transactions, and for alerting Karty of such event, in accordance with the Combined Karty Terms. You may dispute any purchase (POS, Ecommerce, ATM) transaction within 30 (thirty) days of the Transaction date. P2P Transactions may be disputed within 3 (three) days of the Transaction date.

16. OFFERS 

    16.1 Karty Offers 

    Your participation in Karty offers is subject to the General Karty offer terms.

    16.2 Merchant Offers

    Offers provided to you by Merchants on Karty are between you and the Merchant. Karty is not responsible for the content of such offers or for the fulfilment of such offers.

    
    

17. REFUNDS, CHARGEBACKS, AND DISPUTES

17.1 Refunds and Chargebacks 

1. Except as set forth in these Combined Karty Terms, all Transactions processed through the Karty Services are non-refundable to the Sender by Karty and are non-reversible by the Sender through the Karty Services. In the event of a valid dispute, Karty may reverse the Transaction at its sole discretion. For P2P Transactions, Karty retains sole discretion over reversals, while for scheme transactions, the applicable scheme rules will apply. Karty will act solely as a payment facilitator in such cases. Customers are responsible for reviewing their Transactions within the Karty App. Please review the Transaction history in the Karty App for any discrepancies.

2. In the event that the Sender requests a chargeback for a Transaction and subject to the approval from the Payment Scheme, Karty reserves the right to reverse the Transaction amount to the Sender’s E-Wallet. 

17.2 Disputes

1. You understand that a payment Transaction is solely between the Sender and the Recipient and Karty does not provide any guarantees or warranties with respect to any Customer, Merchant, third party or any service, good or delivery level commitment provided by such Customer, Merchant or third party. Use of Karty Services in no way represents any endorsement by Karty of any Customer, Merchant or third party. You should ensure that you have undertaken adequate due diligence prior to transferring payments to anyone using Karty Services. Any dispute is between the Sender and Recipient without making Karty a party to such disputes. 

2. Karty may act as a payment collection agent for the Recipient for the limited purpose of receiving funds on the Recipient’s behalf. It is your responsibility to ensure that the correct information has been provided by you or that you have selected the correct Recipient.

3. Karty strives to resolve all disputes fairly and efficiently through its internal dispute resolution process. While we encourage Customers to utilize this process, nothing in these Terms and Conditions shall be construed as limiting the Customer's rights, including the right to seek resolution through appropriate legal channels if unsatisfied with the outcome of our internal process. It is hereby clarified that Karty shall have the final decision in relation to any dispute, and in cases where Karty deems it necessary, it reserves the right to take appropriate actions, including legal recourse.

4. In the event of any complaints regarding Karty Services, please read our Karty Disputes Resolution Policy for more information. 

17.3 Waiver and Release 

You agree to release Karty and its Affiliates, and their agents, contractors, officers, and employees, from all claims, demands and damages (actual and consequential) arising out of or in any way connected with a dispute. You agree that you will not involve Karty in any litigation or other dispute arising out of or related to any transaction, agreement, or arrangement with any Recipient, Sender, advertiser or other third party in connection with the Karty Service. If you attempt to do so, (a) you shall pay all costs and attorneys' fees of Karty, and its Affiliates and shall provide indemnification as set forth below, and (b) the jurisdiction for any such litigation or dispute shall be limited as set forth below. However, nothing in these Combined Karty Terms shall constitute a waiver of any rights, claims or defenses that you may have under Applicable Laws.

18. FRAUD OR UNAUTHORIZED USE

All Transactions made or instructions provided through your Account on Karty App shall be deemed to be provided by you. You will be solely responsible for any unauthorised access or use of your personal or financal information through your Account on Karty App. To help prevent unauthorised use of your Account on Karty App, you should make reasonable efforts to secure your Account, such as changing authentication credentials (password, PIN, passcode, etc.) and comply with the security measures recommended by Karty. If you believe your Account has been accessed or used in an unauthorised manner, please contact Karty Contact Centre immediately.

19. USE AND PROTECTION OF INTELLECTUAL PROPERTY RIGHTS

19.1 Karty Services are protected by copyright, trademarks, patents, trade secret and/or other intellectual property laws under Applicable Law. Karty owns the title, copyright, and other worldwide intellectual property rights in the Karty Services. These Combined Karty Terms do not grant you any rights to the intellectual property rights in the Karty Services. Nothing contained herein shall authorize the Users to use, apply, invade or in any manner exploit or infringe the intellectual property rights of Karty or its Affiliates without prior written consent. You are hereby given a limited license to use the Karty Service, subject to your agreement of these Terms and Conditions. 

19.2 When you upload, submit, store, send or receive content that may include feedback to or through Karty App, you give Karty 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 Karty 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 Karty. The rights you grant in this license are for the limited purpose of operating, promoting, and improving Karty Services, and to develop new ones. This license continues even if you stop using Karty Services.

20. RESPONSIBILITY FOR TAXES

The reporting and payment of any applicable taxes arising from the use of Karty Services is your responsibility. You hereby agree to comply with any and all applicable tax laws in connection with your use of Karty Services, including without limitation, the reporting and payment of any taxes arising in connection with Payment Transactions made through Karty Services, or funds/income received through Karty Services.

21. INDEMNITY

You agree to indemnify, defend and hold harmless Karty, its Affiliates, its 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:

1. your use of the Services; or

2. any breach or non-compliance by you of any term of Combined Karty Terms; or

3. any dispute or litigation caused by your actions or omissions; or

4. your negligence or violation or alleged violation of any Applicable Law or rights of a third party.

22. PRIVACY AND COMMUNICATIONS

22.1 Privacy 

1. In addition to other clauses in the Combined Karty Terms, you acknowledge and agree that we may collect, store, and use your personal data and any communications made through Karty App, as necessary for the performance of our contract with you, compliance with our legal obligations, or based on our legitimate interests in providing and improving our Services, in accordance with Applicable Laws and our Privacy Policy.

22.2 Data Protection

1. Karty is committed to protecting your personal data in accordance with Applicable Laws concerning data protection.

2. We collect, use, store, and process your personal data as described in our Privacy Policy, which forms an integral part of these Terms and Conditions. 

3. We implement appropriate technical and organizational measures designed to protect personal data and ensure a level of security appropriate to the risk. These measures are aimed at ensuring the ongoing confidentiality, integrity, availability, and resilience of our processing systems and services. We will review and update these measures to address new and evolving security threats and to improve our data protection capabilities. 

4. You have the right to access, rectify, erase, restrict processing, and port your personal data, as well as the right to object to processing, in accordance with our Privacy Policy. 

23. ANTI MONEY LAUNDERING AND COUNTER FINANCING TERRORISM (CFT)

23.1 Karty is committed to complying with all applicable anti money laundering and counter terrorism financing laws and regulations including those of Qatar Central Bank (QCB) and Qatar Financial Centre (QFC).

23.2 As part of our AML/CFT program we may verify your identify and conduct due diligence checks before or during our business relationship. We may monitor transactions for suspicious activity, report suspicious transactions to relevant authorities or refuse to process transactions that we reasonably believe may be connected to money laundering, terrorist financing or other illegal activities.

23.3 You agree to provide any information and documents we may request to comply with our AML/CFT obligations. Failure to provide such information may result in a suspension or termination of your Account.

23.4 You agree not to use our Services for any unlawful purposes and warrant that the source of any funds used with our Services is not derived from illegal activities.

24.5 We reserve the right to suspend or terminate your use of our Services if we suspect any violation of AML/CFT laws and regulations, we may also share your information with law enforcement agencies, regulatory authorities or other competent authorities if required by the Applicable Law or if we reasonably suspect illegal activities.

24. LIMITATIONS OF LIABILITY; FORCE MAJEURE

24.1 In no event shall Karty or its Affiliates be responsible or liable to you or any third party under any circumstances for any indirect, consequential, special, punitive or exemplary, damages or losses, including but not limited to damages for loss of profits, goodwill, use, data, or other intangible losses which may be incurred in connection with any Karty party or the services, or any goods, services, or information purchased, received, sold, or paid for by way of the services, regardless of the type of claim or the nature of the cause of action, even if the Karty party has been advised of the possibility of such damage or loss. In no event shall the Karty parties' total cumulative liability arising from or relating to these combined Karty terms exceed the net fees Karty has actually received and retained from your valid Transactions during the three (3) month period immediately preceding the date of the claim.

24.2 Nothing in these Karty 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 Applicable Law.

24.3 You and Karty acknowledge that each party has entered into these Combined Karty 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 Karty 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, labor conditions, power failures and Internet disturbances.

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 Karty Services, without notice and without liability to you or any third party, for any reason, including without limitation inactivity or violation of these Combined Karty Terms or other policies we may establish from time to time.

26. ADVERTISING

Some of the Karty features may be supported by advertising revenue and may display advertisements and promotions. In consideration for Karty granting you access to and use of the Services, you agree that Karty may place such advertising and promotions.

27. GOVERNING LAW; JURISDICTION

The Combined Karty Terms will be governed by and construed in accordance with the laws, rules and regulations of the Qatar Financial Centre You agree that any legal action or proceedings arising out of the aforementioned documents may be brought exclusively in the competent courts of Qatar Financial Centre and irrevocably submit themselves to the jurisdiction of such courts/tribunals. You understand that we may need to share information that you provided on Karty in order to satisfy Applicable Law, regulation, legal process or an enforceable governmental request.

28. MODIFICATION OF TERMS OF SERVICE

28.1 We have the right, in our sole and absolute discretion, to change, modify, or amend any portion of the Combined Karty 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. Karty will make best efforts to communicate such changes to you using the registered channels. In the event that you do not agree with any such modification, your sole and exclusive remedy is to terminate your use of the Services.

28.2 In addition, we reserve the right at any time to modify or discontinue, temporarily or permanently, the Karty App or Services (in whole or in part) with or without notice. We may also change the Services, including applicable fees and Charges, in our sole discretion. If you do not agree to the changes, you may stop using the Services. Your use of the 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.

29. ASSIGNMENT

These Combined Karty Terms and any rights and licenses granted hereunder, may not be transferred, or assigned by you. We may assign, in whole or in part, the benefits or obligations of this Terms and Conditions. We will provide an intimation of such assignment to you, which will be binding on the parties to this Terms and Conditions.

30. WAIVER

Unless otherwise expressly stated in this Terms and Conditions, the failure to exercise or delay in exercising a right or remedy under the Combined Karty 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 Combined Karty Terms will prevent any further exercise of the right or remedy or the exercise of any other right or remedy.

31. SURVIVAL OF PROVISIONS

The terms and provisions of the Combined Karty 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 this Terms and Conditions.

32. SEVERABILITY

If any provision of the Combined Karty 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 Combined Karty Terms unlawful or otherwise ineffective, the remainder of the Combined Karty 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.

33. BIOMETRIC TERMS & CONDITIONS 

    33.1 The Karty Touch ID / Face ID login service is a service where you may use your fingerprint or Face ID registered on a permitted mobile device in lieu of all other authentication methods such as passcode, PIN code, password etc. as a security code to confirm your identity to access the Karty App and the Karty Services. Such biometrics may also be used for verification and eKYC purposes.

    33.2 The Karty Touch ID / Face ID login service is provided as part of Karty’s electronic services, and accordingly:

    33.3 These Terms are in addition to and shall be read in conjunction with Karty’s Terms and Conditions and any other documents forming part of the Combined Karty Terms.

    33.4 The meaning of key words printed like this are explained in our Terms and Conditions. Some additional key words which apply to the services referred to in these Terms are explained at the end of these Terms; and

    33.5 In the event of any conflict or inconsistency, these Terms shall prevail over the Combined Karty Terms and to the extent of such conflict or inconsistency.

    33.6 You acknowledge and agree that in order to use the Karty Touch ID / Face ID login service:

    (A) You must be a valid user of our Services;

    (B)You must install our Karty App using a permitted mobile device;

    (C) You will need to activate the Fingerprint / Face ID recognition function on your permitted mobile device and may register at least one of your fingerprints or Face ID to control access to the permitted mobile device;

    (D) You will be required to undergo a registration process using your username and password, PIN code, passcode to choose to use the Fingerprints / Face ID you store on your permitted mobile device for accessing our Services upon the successful registration process, the fingerprints stored on your permitted mobile device will be a security code;

    (E)You must ensure that only your Fingerprints / Face ID are stored on your permitted mobile device to access the device, and you understand that upon the successful registration of your permitted mobile device, any Fingerprint / Face ID that is stored on your permitted mobile device can be used to access mobile banking including access to your accounts; and

    (F) You should ensure the security of the security codes as well as the password or code that you can use to register your Fingerprints / Face ID on the permitted mobile device.

34. UPDATES AND NOTIFICATION

34.1 Karty reserves the right to modify these Terms and Conditions at any time. Such modifications may be necessary to reflect changes in our Services, legal requirements or other reasons. Any changes to these Terms and Conditions will be effective upon posting of the revised Terms and Conditions on our website or mobile application, unless otherwise stated.

34.2 We will notify you of any material changes to these Terms and Conditions at least thirty (30) Business Days before the changes take effect, unless a shorter period is required by Applicable Law. Notifications may be sent to the email address or SMS associated with your account, within our mobile application or a notice on our website.

34.3 We may also send you notifications regarding your account activity, security alerts and other service-related communications using the contact information you have provided. You are responsible for keeping your contact information up to date in our system.

34.4 Your continued use of our Services after the effective date of any changes constitutes your acceptance of the updated Terms and Conditions.

34.5 If you have opted in, you may opt out of receiving marketing communication from us at any time by following unsubscribe instructions in the communication. Please note you cannot opt out of receiving service-related communication that is essential to the operation of your Account or our Services.