Terms and Conditions:
The below terms and conditions represent a contract between the users of My Fatoorah services ("User", "Merchant", "Organization", "Individual", "you" or "your") and My Fatoorah.
- Only legit entities, persons, and organizations that are permitted to conduct operations and receive funds in their country are eligible to apply to use My Fatoorah Services.
- The funds transferred via My Fatoorah must serve the same purpose stated in the registration application and be in line with the licensed activities of the Merchants.
- The business name that appears on the invoices must represent the Merchant and the activities they perform.
- Merchants that are less than 16 years old must be represented by their legal guardian as per the laws of the countries where they operate.
- The applying entity/ person agrees that at any point of time, My Fatoorah, may request additional information or an update on the information provided previously. Information that might be requested include but not limited to prove of identity, business controls and procedures, financial information, licenses, invoices, delivery notes, or other information as might be required. Failure to provide required information may result in discontinue of the service and termination of the contract.
- You agree to update us with any changes to your business, including but not limited to change of business nature, change in ownership, change in transactions volumes and changes in geographies of operations.
- My Fatoorah gives unexclusive and untransferable license to its Users to utilize its services. The User shall not use My Fatoorah services to receive funds on behalf of websites or sub-merchants that are not approved by My Fatoorah.
- When registering to My Fatoorah, and upon approval of your application and completion of the onboarding process, you will have access to your account on My Fatoorah Platform, where you can review the payment processes via our Dashboards. You can also request additional services, communicate with the support team, and request change the bank details through My Fatoorah Platform.
- The present contract shall be governed by the laws in force in the country where My Fatoorah is operating, and any dispute arise between the two parties or due to executing it shall fall within the jurisdiction of the courts of this country.
- My Fatoorah has the right to request signing additional contracts or addendums with the User.
You must not use My Fatoorah services to conduct any restricted activities or deal with restricted entities stated by My Fatoorah or restricted by the country of your operations, including:
- Those persons about whom information is available indicating possible involvement in criminal activities or which are included in any public list (blacklist) concerning criminal activities, drug trafficking, terrorism and/or organized crime.
- Persons with businesses that due to the nature of their business make it impossible to verify its legitimacy or the source of its funds, or those whose funds are inconsistent with their financial status.
- Persons who refuse to provide the information or documentation required to obtain verification of the activities or the source of the funds or who provide documentation of doubtful legality or legitimacy or which has been manipulated.
- Legal entities whose shareholders or control structure cannot be determined.
- Exchange offices, money transmitters and other similar entities that are not officially authorized.
- Financial institutions resident in countries or territories without being physically present there (also referred to as "shell banks") and which do not belong to a regulated financial group.
- Any Non Islamic Sharia Compliant business.
- Cryptocurrency companies / Cryptocurrency exchanges platforms.
- Businesses which deal directly or indirectly with sanctioned Countries, including Iran, Syria, South Sudan, North Korea, Cuba, Eritrea, Central African Republic.
- Merchants who do not provide sufficient information to verify their identity, or the identity of the Ultimate Beneficial Owner/s.
- Merchants or the Ultimate Beneficial Owner/s of the Customer against whom, sanctions are applied on the basis of decisions by the United Nations, HM Treasury, European Union, OFAC, or Compliance to be consulted if the name is matching with any other sanctions list.
- Merchants or the Ultimate Beneficial Owner/s of the Customer resident in sanctioned jurisdictions including Iran, Syria, Sudan, North Korea, Cuba, Eritrea, Central African Republic…etc.
- Casinos and betting entities, including online gambling companies.
- Merchants who provide financial services without central bank approvals (Eg: Unauthorized Private investments, exchange companies, pooling of funds or hawala etc).
- Charities and Non for-profit organizations which are not approved and regulated by Ministry of Social Affairs and labour.
- Anonymous and Nominee Accounts in fictitious names.
- Numbered Accounts on which the owner is identified by a number instead of a name
- Merchants with Incomplete Due Diligence or who’s DD can’t be performed due to ambiguity, or uncertainty around information provided.
- Restricted activities or entities might be updated at any point of time
Registration and onboarding
- The email is used by the applicants to register for My Fatoorah Services shall be deemed the official email for all communications. The applying party agrees to use email verification to approve the contract terms and conditions, as well as all information related to the User.
- The application fields must be filled, and all required documents submitted prior to the approval of any application.
- All information communicated by the client to MyFatoorah, by any type of media, written or verbally must be genuine and accurate.
- Upon registration, the applying entity has to provide required information as requested by MyFatoorah to fill the "Know Your Customer" (KYC) form and has to approve it by means of email confirmation. The applying entity is responsible to update the KYC information in case of any change, or once requested by MyFatoorah within a period of 14 days.
- All required information must be submitted within 14 days from registration. Incomplete applications will be automatically terminated afterwards.
- New applicants cannot make transactions until they are verified, approved and properly onboarded as merchants in MyFatoorah’s system.
- MyFatoorah has the right to obtain personal data for individuals and organizations through official authorities, including all Civil ID information, such as name, date of birth, ID number, expiry date, address registered on the card and any other available data.
Payment processing and refunds
- We may hold suspicious transactions and require supporting evidence prior to transferring the funds to the bank account of the User. If the User failed to provide sufficient evidence for the legitimacy of the transaction, My Fatoorah would have the right to take necessary actions such as refund of the payment, termination of the account, and reporting the incident to the concerned parties without informing the Users or obtaining their consent. Information that might be shared with the concerned financial institutions or official bodies may include personal information about the User, Transactions information, and other information, as necessary.
- Merchants confirm that it is unlawful to commit any money laundering, fraud or any type of illegal activities, and in case MyFatoorah suspected any fraud or money laundering activities, MyFatoorah will report the activity and the entity committing these activities to the concerned authorities without notifying the Merchant.
- The Users agree not to object any held amounts or refunded amounts in case they did not provide valid justification and documentation as evidence for the legitimacy and accuracy of their transactions.
- Settlements of transactions and deposits of funds are usually done within 24 business hours or the next business day unless the User requests different time intervals for settlement and deposits of funds. My Fatoorah may hold payment of transactions for unspecified period if My Fatoorah found that the transactions might be unlawful or suspicious.
- The settlement is done as per the bank details provided when registering to use My Fatoorah services. The User may request changing the bank details through My Fatoorah Platform or by official email.
- The User can use the "Refund" option to refund whole of part of specific transactions back to their source only. The User must have sufficient funds in its account with My Fatoorah to use the "Refund" option.
- We may hold a reserve of a specific amount that is calculated by My Fatoorah from the transactions of high-risk clients. Such reserve will be settled upon the closure of the User’s account in My Fatoorah, in case it was not utilized.
- If transactions are not transferrable to your bank account, and you were not able to provide us with functional bank details for more than 30 days, My Fatoorah has the right to refund the amounts to the source or consider your account as abandoned. This will result in suspension of the account, and My Fatoorah will hold the funds or deliver the funds to other bodies at the sole discretion of My Fatoorah.
- My Fatoorah has the right to directly deduct its fees from the funds of the transactions made by the User during the settlement process.
- The User must pay any unsettled fees to My Fatoorah within 5 business days.
Consent of signature and electronic notifications
- You agree that the act of registering into MyFatoorah account is considered to be your electronic signature and sending us notifications through the "Support Function" of My Fatoorah APP or Platform is considered an official notification and equivalent to physical signature.
- You agree that the email account used in registration is your approved email ID, and all emails received to My Fatoorah from this email ID are equivalent to official letters physically signed by you or your authorized representative.
- You agree to receive notifications from My Fatoorah on your registered email and phone number for communication purposes as well as for verification purposes (multi factor authentication)
Term and termination
- The terms and conditions remain in effect as long as you are subscribed to My Fatoorah
- The term of your contract with My Fatoorah is one year from the date of receiving the email verification and will be updated automatically unless terminated by the User or My Fatoorah.
- Termination of the contract will not waive the requirement of the User to provide information related to previous transactions.
- If you open My Fatoorah account and do not provide the required information and documentation to complete the onboarding process within 14 days, your account will be terminated automatically.
- Inactive accounts that have no transactions for more than six months are considered dormant and get suspended automatically. To reactivate those accounts, Merchant’s information must be updated.
- My Fatoorah may suspend or terminate the account at any point of time and may provide the reasons for the suspension or termination via a letter sent through the registered email. Such reasons are decided based on the discretion of My Fatoorah and may include but not limited to increased operations risks, suspicious transactions, prohibited activities, unlawful practices by the User, change in the operations of the User, or change in the management / ownership of the User.
- Records are retained for a period of 10 years post discontinuation of services
User responsibilities and agreements
- The Users are responsible to maintain updated and genuine information about their profiles, managers, board of directors, key people, business nature, size and value of transactions and any other information required by My Fatoorah.
- The Users are responsible for the nature of buyers or customer they deal with, and they agree to deal with legitimate customers only.
- The User is the sole responsible for the nature of the transactions, whether erroneous or suspicious, and My Fatoorah will not be held responsible for any transaction that has to be refunded.
- If the User is suspicious about any transaction, it is the User’s responsibility to hold fulfilling the transaction until the User contacts the customer and perform all required investigation to ensure the accuracy and legitimacy of the transaction.
- My Fatoorah is not responsible for the product and services sold and paid for using our services.
- My Fatoorah has the right to hold any transactions that they find suspicious, and request supporting information and documentation to assess the legitimacy of the transactions. In case My Fatoorah did not find the transaction legitimate, it has the right to reverse the transaction, and refund the transaction value back to its source, or hold the transaction for an amount of time that is decided by My Fatoorah to ensure that there are no chargebacks or fraud claims on the transaction.
- The User is being held responsible for all the created invoices, and paid transactions, or in the process of being created/ paid, by their clients, using MyFatoorah online payment service.
- The User pledge to reimburse MyFatoorah in case of chargeback or fraud disputed transactions, which have been deducted from MyFatoorah and in favor of the cardholders, if the chargeback or fraud dispute is lost, and pledge to agree on MyFatoorah’ s right to directly deduct any amounts from their due balance.
- You are responsible for completing the transaction with your clients, issuing invoices, and obtaining delivery notes as applicable, as these will be required to verify specific transactions as per the requirements of the risk procedures of My Fatoorah. You must ensure having support evidence of your transactions at all times.
- You must ensure compliance with all AML laws, electronic payment laws and trading laws pertaining to your country of operations.
- You agree that My Fatoorah may request/require to conduct financial audit on some of your transactions, which may include request of financial or non-financial documentation, examination of the systems used by the User, conducted recorded interviews or other procedures that My Fatoorah may decide on.
- You agree that My Fatoorah may refer to you, or use you logo when presenting our credentials to the public or in private proposals.
- You may refer to us as your payment services provider as long as your account is activated. Users with suspended or terminated accounts must refrain from using our brand in any of their public or private communications.
- The User confirms that all products, services or activities, for which funds are received via My Fatoorah services, are fit for use and not against the public order or public morals in the country of operations and that the User is illegible to sell and dispose these products and services and conduct these activities, and that it has no rights to third parties, and shall pledge to deliver the products and services to the clients in a timely manner and in accordance with the specifications contained in the advertisement, and that the User shall be solely responsible for any violation in this regard, and shall also be responsible for all legal violations of any obligation made by their clients. The User acknowledges and pledges that they are liable towards My Fatoorah and any third parties for all operations carried out by their clients to repay their financial obligations and shall pledge to refund all the amounts paid by MyFatoorah because of these operations, and My Fatoorah has the right to suspend the account and stop providing its services to the User in the event of any suspicious or fraudulent operations.
- The User has to inform My Fatoorah in any change in operations or management within a week. Such changes may include changes in the value or volume of transactions, change of business activities, change in address and communication details, change in ownership structure, or other relevant changes. Failure to inform My Fatoorah of these changes may result is suspension of the account and disruption of My Fatoorah services.
- While My Fatoorah agrees to protect the data privacy of the Merchants, the merchants agree that My Fatoorah may share their accounts information, and transaction information, with official governmental and court bodies whenever required without notifying the Merchants. The Merchant also agrees to display the name of the account owner.
External Payment Providers
- The Apple Pay services provided through us are provided by a third party and MyFatoorah is not responsible for the quality of the services provided.
- Apple Pay transactions are considered non-3D secure by some banks and card schemes. In the case of chargebacks or fraud claims, the Merchant maintains full liability, and pledges to pay back MyFatoorah any funds deducted from MyFatoorah due to fraud or chargeback incidents related to the Merchant’s activities. The Merchant authorizes MyFatoorah to automatically deduct these chargebacks from their balances before settlement. Proof of service or delivery of products may still not be sufficient for some banks or card schemes and any chargebacks on MyFatoorah will be passed on to the merchants.
- MyFatoorah has the right to hold any transactions that they find suspicious, and request supporting information and documentation to assess the legitimacy of the transactions. In case MyFatoorah did not find the transaction to be legitimate, it has the right to reverse the transaction, and refund the transaction value back to its source, or hold the transaction for an amount of time that is decided by MyFatoorah to ensure that there are no chargebacks or fraud claims on the transaction.
- Merchants applying to use Apple Pay services through My Fatoorah, agree to confirm their acceptance on Apple Pay Merchant Terms, as specified on their website, and that My Fatoorah is not liable nor responsible for the lack of compliance with Apple Pay Merchant Terms.
- Merchants confirm their responsibility for following up with future amendments in Apple Pay Merchant Terms
- The courier service provided through MyFatoorah is provided by a third party, and MyFatoorah will not be held liable towards the merchant or consumer regarding the delivery time or conditions of the packages sent.
- The fee associated with the courier services is based on an accurate description of the package dimensions and weight. This includes the product to be shipped and the packaging and wrapping for the shipment. It is the merchant's responsibility to accurately estimate the dimensions and weights of the packages.
- In case of persistent variation of actual weight and dimensions with estimated weight and dimensions from the merchant, where the actual shipping fees were higher than the fees charged initially based on the merchant's information provided by the merchant, MyFatoorah has the right to terminate the shipping agreement with the merchant, without any liability on MyFatoorah.
- My Fatoorah will not be held responsible for any delays or losses that are cause by fire, natural disasters, failure in the banking system, power cuts, telecommunication problems, wars, strikes, riots, terrorist attacks, failures in the performance of affiliated banks, failures in the performance of vendors, or any occurrences or events where My Fatoorah cannot control.