الأحكام و الشروط

MenaPay Terms And Conditions

ico.menapay.io and/or MenaPay mobile application, dashboard, as applicable (‘Platform’) and all Contents in the Platforms and related goods and services including but not limited to MenaCash, MenaPay token, e-wallet accounts, APIs and other softwares (‘Service’), are submitted to you by MC Digital Ticaret ve Bilişim Hizmetleri LTD.STI. having its business in Turkey or on behalf of us our affiliated companies (‘MenaPay’, ‘We’), under terms and conditions herein (‘Agreement’).

You, as a user of Services, are deemed to have accepted the terms and conditions herein besides all applicable laws and regulations by accessing the Platform and making use of these Services. Please read the following terms and conditions carefully. Please do not use this Platform or any data, link or content in this Platform, if you do not accept all of the terms and conditions in this Agreement.

If you are using Services or the Platform on behalf of a company, partnership, association, government or other organisation (your “Organisation”), you warrant that you are authorised to do so and that you are authorised to bind your Organisation to these Agreement. In such circumstances, “you” will include your Organisation.

1. Purpose of this Agreement

The purpose of this Agreement is to provide you with some general information about the Platform developed by MenaPay, MenaPay itself and to indicate our and your rights and obligations. Violation of one of below terms and conditions or any of provisions of Privacy Policy or the applicable law may cause of suspension or cancellation of your account and/or to cancel or suspend the online transaction that you performed through the Platforms, without notice to you, save for MenaPay’s all kinds of rights and claims.

If you are under the age of 18, you must not use MenaPay Services or the Platforms accordingly You shall not register as a user of the Platforms and shall not transact on or use the Platforms.

We may translate this Agreement into multiple languages. If there is any difference between the English version and any other language version, the English version will apply (to the extent permitted by applicable laws and regulations).

2. Acceptance of Terms and Amendments

By accessing and using this Platform, you will be deemed to have accepted and undertaken to comply with each of the following terms, including MenaPay Privacy Policy referring herein. We may specify in certain of our Service specific terms that you are contracting with one of our affiliate companies in relation to your use of the relevant Service or feature to which the relevant service-specific terms apply. Where this is the case, the relevant contracting entity will be identified in the relevant Service-specific terms, and these terms will apply between you and that identified contracting entity in relation to your use of the relevant Service or feature.

The terms and conditions contained in this Agreement or the scope of the Services may be partially or completely removed, modified or updated on the Platform, at MenaPay’s sole discretion, without prior notice to you. We recommend you to regularly visit this page to be notified of any changes. If you will continue to use this Platform after such changes and updates, this will mean that you have approved such changes and updates.

3. Services

The Service to be provided by MenaPay are including but not limited to profile verification, send and receive MenaCash, make payments through the Platforms, buying MenaCash, opening and operating e-wallets, performing transactions. MenaPay is entitled to (i) extend or limit the scope or terms of the Services or (ii) completely or partially suspend or cease to provide all or any part of the Services at any time, at its own discretion with or without sending any notice to you. MenaPay will not trade with or provide any Services to OFAC and sanctioned countries

4. Liability for Users

You need to create an account (including an e-wallet account) with us through the Platform in order to access and use Services and the Platforms. Any account that you open with us is personal to you and you are prohibited from gifting, lending, transferring or otherwise permitting any other person to access or use your account. Your account name, user ID and other identifiers you adopt within MenaPay or the Services remains our property and we can disable, reclaim and reuse these once your account is terminated or deactivated for whatever reason by either you or us. Your username and password is unique to your MenaPay Account. You shall not share with or assign to other persons your username and password, nor permit other persons to use the same. You shall be solely responsible for: a) maintaining the confidentiality of your username and password and other identifiers; b) all transactions and activities that occur under your username and password; and c) any and all consequences of use or misuse of your username and password or other identifiers. If your account name, user ID, recovery word or other identifiers are lost, stolen or used by unauthorized third parties, you will be solely responsible for the any damages, loss or claims that may be arisen due to such circumstance including but not limited to the lost of all or any part of MenaPay token or MenaCash, all your information uploaded in the Platforms.

You acknowledge that the sharing or assigning of your username and password with other persons (collectively, “multiple use”) may cause irreparable harm to MenaPay and you shall, to the full extent permitted by applicable law, indemnify MenaPay against any loss or damages suffered by MenaPay as a result of such multiple use. You undertake to notify MenaPay immediately of any unauthorized use of your username or password or any other breach of security. You agree that MenaPay shall not be liable for any loss or damages arising from your failure to comply with this section.

For the organizations, you agree that all officers, employees, agents, representatives and other persons who have access to your username and/or password have been duly authorized by you to use your MenaPay account on your behalf and to legally bind you to any online transactions concluded on or through the Platforms. You shall be responsible for all actions of your current and former officers, employees, agents, representatives and other persons who access your MenaPay account by using your username and password, regardless of whether such person was duly authorized by you to do so.

It is your liability to notify MenaPay via [email protected] immediately if:

(1) You have accidentally lost or leaked the information listed in this agreement;

(2) You have lost your cellphone or other mobile devices or your SIM card;

(3) You have left the cellphone number of another person while opening your bank account;

(4) Third parties have fraudulently used or stolen your identity information or account information;

(5) Any other use of your MenaPay account, the service or your bank account without your legal authorization has occurred.

In such a case, MenaPay, at its sole discretion, may suspend your account or wallet. We will regard all use of your account on Platforms being by you, except where we have received a valid and –properly received notification to us regarding your account or password being compromised. You hereby acknowledge that you need to have particular amount of MenaPay token or MenaCash to use the Services, as necessary. You also acknowledge that you are not entitled to any refunds from the related bank, payment institution or other service provider after purchasing MenaCash via credit card, wire transfer or other payment methods providing by such service provider.

We will give you a recovery word (i) if you change your mobile phone number and wish to transfer your e-wallet account to you new mobile phone number or (ii) in case you forget your ID No, password or other identifiers. If you fail to remember your recovery word you clearly understand and agree that all the information and assets in your account (including but not limited to MenaCash, MenaPay tokens) will be lost forever and you will not able to use them afterwards.

5. KYC and AML Procedures

To ensure no illegal activities are performed on the Platform and serve you a secure network, the Platform conducts a KYC (Know Your Customer) and AML (Anti Money Laundering) procedures, as necessary. All users including you, merchants and resellers who reach an accumulated process a particular volume of transaction or you use the Services to buy or sell products or services through Services or Platforms, as applicable, are subject to a detailed KYC process which requires your ID, e-mail, officially recognized identity document with photo acceptable by MenaPay, a video record which clearly shows your ID document and your face. Such information and document may also be required by MenaPay for KYC and AML purposes if MenaPay believes that (i) your identity information or related information is suspicious, or that your trading behaviours or trading conditions are abnormal or (ii) other circumstances have arisen that it becomes necessary to verify or retain your identification documents.

After these steps are completed and the information given is found appropriate, the process is approved by MenaPay and MenaPay’s third party partners. In case of an Organization, KYC process is held to include Organization’s information including legal documents, Organization’s financial history and business licences.

User data collected by the KYC and AML process is kept on an off chain secure database and subject to MenaPay Privacy Policy. Since all registrations to Platforms or any KYC or AML process are performed in accordance with the documents and information which are provided by the users on “as-is”basis, MenaPay does not guarantee the identity or credibility of any User.

6. Terms Of Use

You may need an adequate internet connection in order to authenticate your MenaPay account or use MenaPay. You may also be required to activate certain functionalities within MenaPay in the manner described in Platforms. You may not be able to use certain functionalities within MenaPay if you do not comply with such requirements.

You must use the content or Services offered through the Platform solely for the purposes indicated herein. You undertake and agree not to use this Platform for the following purposes:

a) to publish, send, share, record, reveal or transmit and/or put it into use in another way any information that is illegal, discriminatory, harassing, defamatory, abusive, threatening, harmful, offensive, obscene or any or else objectionable information, content or material associable with them;

b) to display, upload, or transmit any content or material that promote conducts that may constitute a criminal offense, leads to legal responsibility, or violates applicable laws or regulations;

c) to engage in behaviours that violate the legal rights of others (such as privacy and publicity rights) or interfere others to use the Platform;

d) to violate the applicable laws and regulations;

e) to reverse engineer, compile, disassemble, decrypt or otherwise attempt to derive source code for the underlying software or to acquire any other intellectual property rights used to provide the Services, or get any information from Services by using any other method not authorized by the MenaPay in writing;

f) to try disabling or preventing any security or access control mechanism of the Platform or Services;

g) to design or help to cheats, abuses, automation softwares, boot, hackers, mods or other third party softwares to modify or interfere with the Services or the Platform;

h) to initiate, participate in, or help any attack, including the distribution of a virus that prevents access to or use of any of the Platform, the Services, or any of the foregoing, unauthorized access to any of the above, attempting to disrupt the right of others to use or benefit any of the above;

i) to attempt to gain unauthorized access to any account, computer system or network, or any other service or product connected to any server by hijacking, password mining, money laundering, counter-terrorist financing or any other way;

j) to use any unauthorized third party software to access to the Services or the Platform, to block access, mining or collecting information, or collecting information by switching to or from the Platform, or providing transit to or from the Platform;

k) in any way, collecting or posting the private information of any person or making any unfair profit therefrom;

l) to request another person’s password or other personal information with misleading behaviour;

m) to register by using false or fake information or non-personal information on the Platform; to mislead or cheat us, our representatives and third parties who can rely on information provided by you by giving false or misleading information by making negligence in the information you provide;

n) to mislead others or creating a false identity for fraud;

o) to prejudice any intellectual property rights, confidentiality rights or moral rights of any third party or MenaPay;

p) to do an act in any activity that creates an unreasonable or disproportionate burden on our infrastructure or Services or the Platforms, or to harm, interfere or distrain any system, data or information.

Any violation of these prohibitions will cause the MenaPay to take legal action judicially, and to suspend or cancel your account or to cancel or suspend the online transaction that you performed through the Platforms, reserving all legal rights and claims we have.

7. Payments

You may, from time to time, make payments to us or third parties as part of your use of Services. We may set out further terms applying to such payments (including in relation to refunds (if any), billing arrangements and any consequences of failing to make timely payments). You must comply with all such terms in relation to your payments to us. You agree that you are solely responsible for all fees and taxes associated with any such payments and that pricing and availability of Services are subject to change at any time.

We may from time to time make available payment methods to you for automatic, recurring or subscription-based charges including debit cards, credit cards (Visa, Mastercard) in USD which may be changed from time to time. For the purchases of MenaCash through the Platforms via credit card, you agree that the purchased amount of MenaCash shall not be used for 10 days as of the time of purchase, as informed you via your mobile phone or other Platforms, as applicable. At the end of 10 days you may freely use your purchased MenaCash amount. Where we do so, you agree that (subject to applicable laws and regulations):

• such purchases or payments are generally made by you on an advance basis.

• you authorise us to: (a) save your chosen payment method’s information (e.g. credit card information) on our systems; and (b) bill your chosen payment method for the relevant time-periods as chosen by or notified to you;

• if any payment made via your chosen payment method is rejected, denied or returned unpaid for any reason: (a) we may not provide you with, or suspend our provision of, the relevant Service until payment is properly processed; and (b) you are liable to us for any fees, costs, expenses or other amounts we incur arising from such rejection, denial or return (and we may automatically charge you for such amounts); and

• we will provide you with further instructions within Platforms regarding how you may update or cancel the relevant payment method

• You must have a copy of this Terms and Conditions, Privacy Policy, transaction and payment records and other documents that may be related to the Services.

We may change any fees that we charge for Services at any time upon publication within Platforms.

Subject to mandatory applicable laws and regulations or as otherwise specified by us herein, in no circumstances will we be required to make any cancellation or provide a refund for any payments made by you to us in relation to any Services within the Platforms.

Any payment instruction issued by your MenaPay account while you are logging in is regarded as payment instruction issued by yourself. You understand and agree that due to the promptness of the transfer of funds, the payment instruction will be effective immediately after it is issued, and that such instruction is irrevocable. MenaPay has the right to deduct and receive funds according to payment instructions issued by you.

We may process payments from you in Platforms via a third party service. You agree to comply with that relevant third party’s terms and conditions in relation to the payment processing service, as further set out in the “Third Party Content and Services” section below.

8. Third-Party Content

We may display third party content, advertisements, links, promotions, software, programs, services, logos and other materials provided by third parties such as payment providers or audit firms (collectively, “Third Party Content”) on our Platform, which may be inaccurate, misleading, defamatory, offensive or unlawful. We may not control, support or sponsor any third party or Third Party Content. We do not, therewithal, give any declarations or commitment related to such a Third Party Content, including convenience, accuracy, validity, legality, copyrights. Your use of, or interaction with, a third party providing any Third Party Content is solely between you and third parties, at your own risk and we are not in any way responsible or liable for such use or interaction.

We may review (but make no commitment to review) Third Party Content (including any content posted by MenaPay users) made available through MenaPay to determine whether or not they comply with our policies, applicable laws and regulations or are otherwise objectionable. We may remove or refuse to make available or link to certain Third Party Content if they infringe intellectual property rights, are obscene, defamatory or abusive, violate any rights or pose any risk to the security or performance of MenaPay.

We have the right to remove, at our sole discretion and without notice to you, any Third Party Content that are made available within MenaPay (including any of MenaPay’s associated platforms or services).

9. Privacy Policy and Personal Data

We will from time to time collect, hold, use and transfer your personal data in accordance with the MenaPay Privacy Policy. By agreeing to this Agreement you hereby also agree to the MenaPay Privacy Policy, which may be updated by MenaPay from time to time. You understand and agree that, to the extent permitted by applicable law and Privacy Policy, any data you provide to MenaPay in connection with your MenaPay Account or your use of the Services may be shared with third parties. When you use the Services, your full name, e-mail address, your wallet address, credit card/debit card- information and similar information so on that involve your personal information (as specified in Privacy Policy) may be asked to provide us, depending on the type of Services you provide from MenaPay or type of account you have. You are responsible for providing accurate registration information and for keeping your registration information up to date in the event of any changes you have to notify us via [email protected] This information will be stored and used in accordance with the Privacy Policy and the applicable laws. For more information, please visit the page of MenaPay Privacy Policy.

10. Intellectual Property

All content on the Platform, including the name of the site, software, web technologies, source code, concepts, photographs, animations, sounds, working methods, visual and audio materials, documents and virtual items and Services (“Content”) are MenaPay’s exclusive property. MenaPay retains all intellectual property rights, including but not limited to copyrights, patents, trademarks, logos, and all content contained in the Service and the Platform. All third-party product names that are legally binding on the Platform are trademarks of their respective owners. The distribution, sale, rental, licensing copying or reproduction of the Content or Services on the Platform is strictly prohibited.

You agree and acknowledge that the questions, comments, feedback, suggestions, ideas, plans, notes, drawings, original or creative materials or other information you provide via e-mail, sharing on the Platform or any other way, whether written, verbal or digital in all platforms related to MenaPay regardless of whether it is written, oral, audio, digital including our social media accounts or the Platform (“Materials”) are not confidential and are the MenaPay’s property. By using the Platform, you acknowledge to irrevocably grant us an exclusive, assignable and worldwide license for the intellectual and industrial property rights of operating, adaptation, production, reproduction, copyright, operating, distribution, performance, transmission, digital transmission, retransmission including all transmission of audio and video signals in relation to the Materials and any of their elements under applicable Intellectual Property Law and authorize us to use and distribute such Materials on any visiul, written or digital platforms, channels and media without notifying you for any reason whether it is commercial or not during the term of this Agreement and after you stop using the Services.

You must at all times ensure that: (a) you have the rights required to copy, process, transmit, access, publish, display and use your Materials, and to grant us and other third parties the rights as set out in this Agreement; and (b) your Materials (and our use of your Materials in accordance with this Agreement) does not infringe or violate any applicable laws or regulations or the rights of any person.

11. Risk Statement

MenaPay token or MenaCash is not a national currency and is not issued by any government. Legislative and regulatory changes in countries, federal states or international level can negatively affect the Services or the Platforms or usage, transfer and value of the Services. Transactions on blockchain cannot be undone and accidental transactions cannot be reversed. The technical difficulties experienced by MenaPay system can temporarily or permanently prevent users from using virtual money or accessing the virtual money account depending on the severity of the damage. Your purchases or any use of the Services, you acknowledge that your full awareness of this risk and MenaPay or MenaPay partners, directors, executives, employees, consultants, advisors, and other related people are not responsible for damages caused.

By using the Services, you acknowledge and agree that MenaPay is not a bank or remittance agent and the Services should in no way be construed as the provision of banking services or remittance services. MenaPay is not acting as a trustee, fiduciary or escrow with respect to a User’s funds and it does not have control of, nor liability for, the products or services that are paid for with the Services. MenaPay does not guarantee the identity of any User or ensure that a buyer or a seller will complete a transaction on the Platforms.

In order to protect you, your e-wallet Account or as a security measure, MenaPay may suspend all or part of Services or Platforms, including but not limited to limiting certain functions of your MenaPay account such as top-up, transfer and payment.

You agree to provide evidence, documents and information to support your compensation claim, including but not limited to: the front and back of the credit card used in the payment, the identification documents used to apply for the credit card (local ID card / passport), photo of bank statement and user claim letter.

12. Force Majeure

MenaPay shall not be held liable for any default, delay or failure in performing its obligations under this Agreement resulting directly or indirectly from acts of nature, forces or causes beyond the reasonable control of MenaPay, including (i) a fire, flood, elements of nature or other acts of God, (ii) an outbreak or escalation of hostilities, war, riots or civil disorders, or an act of terrorism; (iii) Internet failures, computer, telecommunications, electrical power failures or any other equipment failures; (iv) a labor dispute (whether or not employees’ demands are reasonable or within the user’s power to satisfy), (v) acts or omissions of a government authority or any administrative or judicial prohibiting or impeding MenaPay from performing its obligations under this Agreement, including orders of domestic or foreign courts or tribunals, governmental restrictions, sanctions, restrictions on foreign exchange controls, etc. or (vi) the non-performance by a third party for any similar cause beyond the reasonable control of MenaPay (collectively, a “Force Majeure Event”). If a Force Majeure Event occurs, the non-performing party to this Agreement will be excused from any further performance of the obligations affected by the event only for as long as the Force Majeure Event continues and the party continues to use commercially reasonable efforts to resume performance.

13. Limitation of Liability

EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT AND TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW THE SERVICES ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS. NEITHER US NOR ANY OF OUR AFFILIATE COMPANIES OR OUR THIRD PARTY SERVICE PROVIDERS MAKE ANY REPRESENTATION OR WARRANTY OR GIVE ANY UNDERTAKING IN RELATION TO MENAPAY, SERVICES, PLATFORMS, CONTENTS, ANY MENAPAY SOFTWARE OR ANY DATA, MEDIA OR OTHER CONTENT SUBMITTED, TRANSMITTED OR DISPLAYED BY MENAPAY OUR AFFILIATE COMPANIES, INCLUDING: (A) ANY REPRESENTATION, WARRANTY OR UNDERTAKING THAT SERVICES OR PLATFORMS WILL BE UNINTERRUPTED, SECURE OR ERROR-FREE OR FREE FROM VIRUSES; (B) THAT SERVICES OR PLATFORMS WILL BE COMPATIBLE WITH YOUR DEVICE; OR (C) THAT SERVICES OR PLATFORMS WILL BE OF MERCHANTABLE QUALITY, FIT FOR A PARTICULAR PURPOSE OR NOT INFRINGE THE INTELLECTUAL PROPERTY RIGHTS OF ANY PERSON. TO THE EXTENT PERMITTED BY APPLICABLE LAWS AND REGULATIONS, YOU WAIVE ANY AND ALL IMPLIED REPRESENTATIONS, WARRANTIES AND UNDERTAKINGS.

TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, MENAPAY, OUR AFFILIATES, EMPLOYEES, DIRECTORS, AGENTS, ADVISORS AND REPRESENTATIVES SHALL NOT BE LIABLE FOR ANY MALFUNCTION OR FAILURE OF OUR OR SERVICES OR THE PLATFORM, HARDWARE OR CONNECTIVITY; IMPROPER OR UNAUTHORISED USE OF SERVICES OR THE PLATFORM; YOUR USE OF SERVICES OR THE PLATFORM IN BREACH OF THIS AGREEMENT; ANY REASONS BEYOND OUR REASONABLE CONTROL OR PREDICTABILITY; OR FAILURE TO SAVE OR BACK UP ANY DATA OR OTHER CONTENT; ANY LOSS ARISING FROM ANY CONTENT, PROGRAMS OR SERVICES PROVIDED BY ANY PARTY OTHER THAN US OR OUR AFFILIATES; ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS OR REVENUES, BUSINESS INTERRUPTION, LOSS OF BUSINESS OPPORTUNITIES, LOSS OF DATA OR LOSS OF OTHER ECONOMIC INTERESTS, WHETHER IN CONTRACT, NEGLIGENCE, TORT OR OTHERWISE, ARISING FROM THE USE OF OR INABILITY TO USE THE SERVICES.

TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, THE AGGREGATE LIABILITY OF THE MENAPAY, OUR AFFILIATES, EMPLOYEES, DIRECTORS, AGENTS, ADVISORS AND REPRESENTATIVES ARISING FROM THE SERVICES SHALL NOT EXCEED THE TOTAL REMUNERATION THAT MANEPAY MAY DERIVE FROM SUCH TRANSACTION.

14. Termination

This Agreement will be in force until your access to Services or the Platform is terminated either by you or MenaPay.

If we suspend your access to any or all of Services or the Platform then, to the extent permitted by applicable laws and regulations in your jurisdiction: (a) you remain responsible for all fees accrued through the date of suspension (including where the fees were incurred before suspension date but performance of the relevant obligations were after the suspension date); and (b) you remain responsible for any applicable fees for any part of Services to which you continue to have access.

If your access to Services or the Platform is terminated (in whole or in part) by you or us, you agree that: (a) all of your rights under these Terms will terminate; and (b) you remain responsible for all fees accrued through the date of termination (including where the fees were incurred before termination date but performance of the relevant obligations were after the termination date).

15. Jurisdiction

All rights and obligations hereunder, the validity, interpretation, construction, performance and termination / nullification of this Agreement shall be governed by the laws of United Arab Emirates. Any dispute arising from or related to this Agreement shall be notified in writing by one party to the other, and the parties shall use their best efforts to settle the dispute on an amicable basis through mediation within thirty (30) days from the date of receipt of the notification. If the parties fail to resolve the dispute within the said time, such dispute shall be finally and exclusively settled by the rules of Dubai International Arbitration Center (“Rules”) with one arbitrator appointed under the Rules. The venue and seat shall be Dubai, United Arab Emirates and the language of the arbitration shall be in English.

If your country or region prohibits or restricts all or part of the content of this Agreement, you should immediately stop using the Services.

16. Other Provisions

MenaPay shall have the right to assign and sub-contract this Agreement in whole or in part (including all of our rights, titles, benefits, interests, and obligations and duties in this Agreement) to third parties including any of our affiliates and to any successor in interest. MenaPay may delegate any of its rights and responsibilities under this Agreement to independent contractors or other third parties. You may not assign, sub-contract in whole or part, this Agreement or any rights or obligations herein to any person or entity directly or indirectly.

If a court holds that we cannot enforce any part of this Agreement as drafted, we may replace those terms with similar terms to the extent enforceable under applicable laws and regulations, without changing the remaining terms of this Agreement and the remaining provisions still be in force and shall be binding on both parties.

Any failure by MenaPay to exercise any of our rights under this Agreement shall not constitute a waiver of such right or a waiver with respect to subsequent or similar breach. A waiver shall be effective only if made in writing.

If you have any questions about, or if you wish to send us any notices in relation to, these Agreement, please contact us via [email protected] or by visiting ico.menapay.io.