NOW Payment Services Provider LLC

PORTAL TERMS OF USE

PLEASE READ THESE TERMS CAREFULLY

BY USING THE PORTAL YOU AGREE TO THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS DO NOT USE THE PORTAL.

WHO WE ARE AND WHAT THIS AGREEMENT DOES  

We, NOW Payment Services Provider LLC of 814 The Onyx Tower 1, The Greens, Dubai, United Arab Emirates (NOW Money), license you to use as permitted in these terms:

• NOW Money’s Portal software, the data supplied with the software (Portal) and any updates or supplements to it;

• the service you connect to via the Portal and the content we provide to you through it (Service).   

YOUR PRIVACY

Under data protection legislation, we are required to provide you with certain information about who we are, how we process any personal data provided by you and for what purposes and your rights in relation to any personal data and how to exercise them. This information is provided in https://nowmoney.me/privacy-policy/ and it is important that you read that information.

Please be aware that internet transmissions are never completely private or secure and that any message or information you send using the Portal may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.

SUPPORT FOR THE PORTAL AND HOW TO TELL US ABOUT PROBLEMS  

If you want to learn more about the Portal or the Service or have any problems using them, please contact us at support@nowmoney.me.  

If you think the Portal or the Service are faulty or misdescribed or wish to contact us for any other reason, please email us at support@nowmoney.me.  

HOW YOU MAY USE THE PORTAL

In return for your agreeing to comply with these terms you may:

• download or stream a copy of the Portal onto your desktop / handheld device (Device) and view, use and display the Portal on such for your purposes only; and

• receive and use any free supplementary software code or update of the Portal as we may provide to you.

YOU MAY NOT TRANSFER THE PORTAL

We are giving you personally the right to use the Portal and the Service as set out above.  You may not otherwise transfer the Portal or the Service to someone else and/or another entity, whether for money, for anything else or for free.

CHANGES TO THESE TERMS  

We may need to change these terms to reflect changes in law or best practice or to deal with additional features which we introduce or for any other business purpose.

We will give you at least seven (7) days’ notice of any change. We will notify you of any such change upon entering the Portal.

If you do not accept the notified changes you will not be permitted to continue to use the Portal and the Service.  

UPDATES TO THE PORTAL AND CHANGES TO THE SERVICE  

From time to time we may automatically update the Portal and change the Service (i) to improve performance, enhance functionality, address security issues and/or (ii) as we may consider necessary from time to time.

WE MAY COLLECT TECHNICAL DATA ABOUT YOUR DEVICE  

By using the Portal and the Service, you agree to us collecting and using technical information about the Devices you use the Portal on and related software, hardware and peripherals to improve our products and to provide the Service to you.

WE MAY COLLECT LOCATION DATA (BUT YOU CAN TURN LOCATION SERVICES OFF)  

The Portal will make use of location data sent from your Devices (where applicable). You can turn off this functionality at any time by turning off the location services settings for the Portal on the relevant Device(s). If you use the Portal, you consent to us and our affiliates’ and licensees’ transmission, collection, retention, maintenance, processing and use of your location data and queries to provide and improve location-based and road traffic-based products and services.  You may stop us collecting such data at any time by turning off the location services settings.

WE ARE NOT RESPONSIBLE FOR OTHER WEBSITES YOU LINK TO

The Portal may contain links to other independent websites which are not provided by us, for example third party payment processing sites. Such independent websites are not under our control, and we are not responsible for and have not checked and approved their content, their terms and conditions or their privacy policies (if any).

You will need to make your own independent judgement about whether to use any such independent websites, including whether to use or buy any products or services offered by them.

GENERAL RESTRICTIONS  

You agree that you will: 

• not rent, lease, sub-license, loan, provide, or otherwise make available, the Portal or the Service in any form, in whole or in part to any person without prior written consent from us;

• not copy the Portal or Service, except as part of the normal use of the Portal or where it is necessary for the purpose of back-up or operational security;

• not translate, merge, adapt, vary, alter or modify, the whole or any part of the Portal or Service nor permit the Portal or the Service or any part of them to be combined with, or become incorporated in, any other programs, except as necessary to use the Portal and the Service on Devices as permitted in these terms;

• not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the Portal or the Service nor attempt to do any such things;  

• comply with all applicable technology control or export laws and regulations that apply to the technology used or supported by the Portal or the Service.

ACCEPTABLE USE RESTRICTIONS  

You must: 

• not use the Portal or Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into the Portal or any operating system;

• not infringe our intellectual property rights or those of any third party in relation to your use of the Portal, including by the submission of any material;

• not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the Portal;

• not use the Portal or Service in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and

• not collect or harvest any information or data from the Portal or the Service or our systems or attempt to decipher any transmissions to or from the servers running the Service.

DISCLOSURE OF INFORMATION

You agree that we may disclose, without the need for further consent or approval from you or notification to you, details regarding you, and/or your use of the Portal and/or Service to any person where reasonably necessary to enable the provision of the Portal and/or Service, to protect our legitimate interests or to comply with applicable laws or our internal policies. For the purposes of any disclosures made, you expressly waive, so far as permitted, any right in relation to the information or data disclosed, including any right to secrecy, that you have under any applicable laws and in any other jurisdictions.

You agree that we may disclose, without the need for further consent or approval from you or notification to you, details regarding you, and/or your use of the Portal and/or Service to:

-  any court or tribunal or regulatory, supervisory, tax or other governmental or quasi governmental authority where we are or may be required to comply with, or may decide to observe voluntarily and comply with, applicable laws; or

- any party that we engage for the purpose of processing your transactions or for the purpose of processing or storing your information, whether in the UAE or abroad.

You agree that we may, throughout our relationship, and as we deem fit, process, store, transfer and disclose, without the need for further consent or approval from you or notification to you, information relating to you, and/or your use of the Portal and/or Service or any other service provided by us to you.

CHARGES

We shall have the right to levy such charges in relation to the Portal and/or Service as prescribed by us from time to time. We may deduct any charges due from you, without first giving notice to you, from any funds or assets held by us and standing to your credit. We may, without providing you with any prior notice, vary or add to our charges and you agree that all such variations and additions shall be binding on you.

INTELLECTUAL PROPERTY RIGHTS  

All intellectual property rights in the Portal and the Service throughout the world belong to us and the rights in the Portal and the Service are licensed (not sold) to you. You have no intellectual property rights in, or to, the Portal or the Service other than the right to use them in accordance with these terms.

OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU  

We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking these terms or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you accepted these terms, both we and you knew it might happen.

We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors or for fraud or fraudulent misrepresentation.

When we are liable for damage to your property. If defective digital content that we have supplied damages a Device or digital content belonging to you, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.

We are not liable for business losses. If you use the Portal for any commercial, business or resale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

Limitations to the Portal and the Service. The Portal and the Service are provided for general information purposes only. They do not offer advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of information obtained from the Portal or the Service. Although we make reasonable efforts to update the information provided by the Portal and the Service, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date.

Please back-up content and data used with the Portal. We recommend that you back up any content and data used in connection with the Portal, to protect yourself in case of problems with the Portal or the Service.

Check that the Portal and the Service are suitable for you. The Portal and the Service have not been developed to meet your requirements. Please check that the facilities and functions of the Portal and the Service meet your requirements.

We are not responsible for events outside our control. If our provision of the Service or support for the Portal or the Service is delayed by an event outside our control, then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event but if there is a risk of substantial delay you may contact us to end your contract with us and receive a refund for any Service you have paid for but not received.

WE MAY END YOUR RIGHTS TO USE THE PORTAL AND THE SERVICE IF YOU BREAK THESE TERMS  

We may end your rights to use the Portal and Service at any time by contacting you if you have broken these terms in a material manner. If what you have done can be put right, we will give you a reasonable opportunity to do so.

If we end your rights to use the Portal and Service:

• you must stop all activities authorised by these terms, including your use of the Portal and Service;

• you must remove the Portal from all Devices in your possession and immediately destroy all copies (if any) of the Portal which you have and confirm to us that you have done this;

• we may remotely access your Devices and remove the Portal from them and cease providing you with access to the Service.

WE MAY TRANSFER THIS AGREEMENT TO SOMEONE ELSE  

We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.

YOU NEED OUR CONSENT TO TRANSFER YOUR RIGHTS TO SOMEONE ELSE  

You may only transfer your rights or your obligations under these terms to another person and/or entity if we agree in writing.

NO RIGHTS FOR THIRD PARTIES  

This agreement does not give rise to any rights of a third party to enforce any term of this agreement.

IF A COURT FINDS PART OF THIS CONTRACT ILLEGAL, THE REST WILL CONTINUE IN FORCE  

Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

EVEN IF WE DELAY IN ENFORCING THIS CONTRACT, WE CAN STILL ENFORCE IT LATER  

Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.

WHICH LAWS APPLY TO THIS CONTRACT AND WHERE YOU MAY BRING LEGAL PROCEEDINGS  

This contract shall be governed by and construed in accordance with the laws of the Dubai International Financial Centre (DIFC). Any dispute arising out of or in connection with this contract, including any question regarding its existence, validity or termination, or arising from or related to use of the Portal or the Service, shall be subject to the exclusive jurisdiction of the Courts of the Dubai International Financial Centre (DIFC). For disputes under 1,000,000 AED in value, the parties agree to exclusively hear the matter in the Small Claims Tribunal at the DIFC Courts.