Terms of Service

VERSION 1.22

USER TERMS OF SERVICE AGREEMENT

PAY TEN B.S.C. (Closed), CR No. 176109-1, a Bahrain Shareholding Company (Closed) incorporated under the laws of the Kingdom of Bahrain and having its registered office at Unit 22B, 22nd Floor, Harbor Tower East, Bahrain Financial Harbor, Manama, Bahrain, licensed by the Central Bank of Bahrain (CBB) as a Payment Services Provider (“Pay10”, “we”, “us”, or the “Company”). Pay10 offers customers various products and services relating to payment processing directly through Pay10 and through third-party service providers. In order for you as an individual (“You”, “Your” or “Yourself”), to use the Pay10 payment processing services, payment gateway services and other products and services including Pay10 Wallet, as such descriptions may be changed from time to time by Pay10 (“Pay10 Services”) and as further detailed in Appendix (1), you hereby agree to, and accept, the terms and conditions set out in this agreement.

The User Terms of Service Agreement is made up of: (a) the terms and conditions set out below; (b) Pay10’s Privacy Policy which is available on the Pay10 App and/or on the Pay10 website; (c) all applicable appendices/schedules referred to herein; and (d) terms and conditions stated on the Pay10 App and web pages incorporated by reference in this agreement (“Agreement”).

Please read this Agreement carefully. You understand that by using any of the Pay10 Services, by clicking on the “I AGREE TO ALL TERMS ABOVE” button (or similar button captioned with acceptance language) and/or signing this Agreement (whether physically or digitally), you represent and warrant that you (i) are over eighteen (18) years of age (ii) have reviewed and understand the Agreement; and (iii) agree to be legally bound by all terms and conditions of this Agreement, as amended, updated, or replaced by Pay10 which terms and conditions may be changed from time to time at the sole discretion of Pay10.Pay10 will provide not less than 60 Calendar days’ notice where required by Applicable Law; otherwise, changes may take effect immediately. You are entitled to terminate the Agreement, at no charge (direct or indirect), if You do not accept the change(s) to Our terms and conditions notified to You.

If you do not agree or you are not willing to be bound by any of the terms and conditions of this Agreement, do not click on the “I AGREE TO ALL TERMS ABOVE” or similarly captioned button, and immediately cease using any of the Pay10 Services. Any continued access to, or use of, the Pay10 Services after the effective date of any change will constitute Your acceptance and agreement to the terms and conditions of this Agreement.

1.DEFINITIONS

“Account” means an account portal established for You by Pay10 and accessed by You (or by Pay10 on Your behalf) through an API or integration or online portal to utilize the Pay10 Services.

“Agreement” the terms and conditions set out in this agreement and the relevant schedules.

“API” means an application programming interface.

“AML/CFT” means Anti-Money Laundering and Countering the Financing of Terrorism.

“Applicable Law” means the laws of the Kingdom of Bahrain together with any applicable regulations, directives, and regulatory instruments issued by any Bahraini competent authority (including the Central Bank of Bahrain) in each case as amended from time to time.

“Authorization” means the process by which the Issuer and/or the relevant Card Association electronically or otherwise convey the approval to process a payment with respect to a Transaction on the Merchant Platform.

“BHD” means Bahraini dinars, the lawful currency of the Kingdom of Bahrain.

“Business Day” means a day (other than Friday or Saturday) on which banks in the Kingdom of Bahrain are open for general business.

“Card Association” means any network or association associated with processing Payment Cards of a specific brand, including but not limited to American Express Company, Discover Financial Services, JCB Co., Ltd., Mastercard Incorporated, Visa Inc., or any debit network, and each of their subsidiaries and successors.

“Chargeback” means a request from You for an approved and settled Transaction amount to be reversed to You.

“Competent Regulator” means, as applicable, the Central Bank of Bahrain and any other Bahraini authority having jurisdiction over the Services.

“Confidential Information” means, without any limitation as to the type or format, any information, data, trade secrets, know-how, provided or disclosed directly, or indirectly, in writing or orally, either designated as proprietary and/or confidential or that, by the nature of the circumstances surrounding disclosure, ought in good faith to be treated as proprietary and/or confidential including without limitation, products, product plans, services, services documentation (in whatever form or media provided), user data, revenue, markets, software developments, inventions, processes, formulas, technology, designs, drawings, engineering, hardware configuration, marketing, marketing materials, financial or other business information, or the financial terms of this Agreement. Data, as defined in this Agreement, are deemed Confidential Information.

“Data” has the meaning set forth in Section 5: Data (Security, Collection, Transfer and Retention) and Credentials.

“Day” means calendar day.

“Effective Date” means the earlier of the date You use the Pay10 Services or acknowledge Your acceptance of the Agreement by any method, including without limitation execution (whether by physical or digital signature) of this Agreement.

“Intellectual Property” means mean any domestic or foreign letter patent, patent, patent application, patent license, inventions, invention disclosures, software license or know-how license, know-how, formulae & processes, trade name, or other trademark, service mark, license of trademark, trade name and/or service mark, trademark or service mark registration and application, service mark registration and application, copyright registration and application, or trade secret, proprietary data & data bases & all other similar items of intellectual property, whether registered or not, including any rights created by use thereof, all proceeds thereof (e.g.: licenses and royalties).

“Issuing Bank” or “Issuer” means the bank where You have your banking account.

“KYC” means Know Your Customer.

“Merchant” means any vendor of products or services that has signed up with Pay10 to be able to offer its customers the ability to make payments to the vendor through the use of the Pay10 App.

“Party” or “Parties” reference to Party means either Pay10 or You as the context indicates, and Parties means both Pay10 and You collectively.

“Pay10 Wallet” or “the Wallet” means an electronic wallet account held with Pay10.

“PCI DSS” means Payment Card Industry Data Security Standard issued by the Payment Card Industry Security Standards Council.

“PDPA” means the Personal Data Protection Authority of the Kingdom of Bahrain.

“PDPL” means Law No. (30) of 2018 with respect to Personal Data Protection of the Kingdom of Bahrain, together with any implementing decisions.

“Privacy Policy” means the Pay10 Privacy Policy available either on the Pay10 App, Pay10’s website or otherwise provided and which may be modified by Pay10 in its sole discretion without notice to you.

“Rules” means the rules, requirements, policies, procedures, and standards issued by the Card Associations or other industry bodies such as the PCI Security Standards Council, including without limitation the PCI DSS and the PCI Software Security Framework, or any successor or replacement framework or standard implemented by the PCI Security Standards Council, as each may be amended from time to time by the Card Associations or other applicable authorities.

“Third-Party” means any party besides You and Pay10.

“Third-Party Service Provider” means a Third-Party entity that maintains aspects of the Pay10 Services or provides certain bank and/or merchant payment services including but not limited to billing, reporting, customer service, authorization, and settlement services.

“Trademark(s)” means all common law or registered trademarks, service marks, trade names and trade dress rights and/or similar or related rights under any laws of any jurisdiction, including the Kingdom of Bahrain.

“Transaction(s)” means any billable occurrence completed or submitted under Your Account including but not limited to sale, void, refund, credit, offline force, capture, authorization, validate, update or settlement regardless of whether approved or declined.

“Working day(s)” means Sunday to Thursday in the Kingdom of Bahrain, excluding official public holidays.

2.TERM

2.1 The term of the Agreement shall commence on the Effective Date and shall remain in full force and effect until terminated pursuant to Section 7 (“Termination”) (“Term”).

3.LEGAL

By accepting the terms and conditions of this Agreement, You represent and warrant that

3.1 By accepting the terms and conditions of this Agreement, You represent and warrant that all information and documentation You have provided, and will provide, to Pay10 is true and correct in all respects and is not misleading by omission.
3.2 You will promptly update Pay10 in writing with any changes to information and documentation You have previously supplied. Pay10 fully reserves its right to, temporarily or permanently, reject, refuse, block, and/or suspend Your access to the Pay10 Services and/or to terminate this Agreement, with or without notice to You, if Pay10 reasonably believes, at its sole and absolute discretion, that You have supplied any information which is misleading, untrue, inaccurate, fraudulent, or incomplete, or Pay10 forms the view, at its sole and absolute discretion, that continuing to do business with You is not in its interests or may cause it legal, regulatory, financial, or reputational harm.
3.3 You expressly agree to:

3.3.1 Comply with Bahrain AML/CFT legislation (including any implementing regulations) and the CBB Rulebook requirements that apply to us.
3.3.2 (b) Provide the Company promptly with all information and documentation reasonably requested to meet AML/CFT (CDD/KYC) obligations
3.3.3 (c) Acknowledge that the Company monitors Transactions for suspicious activity. The Company may, in our sole discretion, block, delay, or freeze any Transaction or Account, and report suspicious activity to the competent authority in Bahrain (including, where applicable, the CBB), as required by Applicable Law, without liability to you.
3.3.4 (d) Not use Pay10 services for any illegal activities, including money laundering, terrorist financing, or sanctions evasions.

4. Pay10 Bahrain B.S.C. (Closed) is licensed and supervised by the Central Bank of Bahrain (CBB) as a Payment Services Provider (PSP) under the laws and regulations of the Kingdom of Bahrain. All Pay10 products and services are offered in accordance with the directives, circulars, and consumer protection rules issued by the CBB. By using Pay10 Services, you acknowledge and agree that Pay10 is subject to the oversight and regulatory framework of the Central Bank of Bahrain.

4.USE OF PAY10 SERVICES

4.1 You undertake to use Pay10 Services in accordance with this Terms of Service Agreement and all Applicable Laws. You acknowledge You have read and understand the specific terms and conditions of Pay10 Services provided in Appendix (1) to this Terms of Service Agreement.
4.2 You shall at all times use the Pay10 Services for lawful purposes and in full compliance with Applicable Laws, and the requirements of Bahrain’s competent authorities (including the CBB).
4.3 Pay10 shall furnish its services without discrimination on grounds of race, nationality, gender, religion, disability, or any other characteristic protected under Applicable Laws. Notwithstanding the foregoing, Pay10 reserves the right to refuse or restrict services for legitimate commercial, risk management, or regulatory purposes, including but not limited to adherence to anti-money laundering and countering the financing of terrorism requirements or account eligibility standards.

4.4 Pay10 Services Grant to You

4.4.1 In order for You to access the Pay10 Services, you will need to first download the Pay10 application (“Pay10 App”) which is subject to the terms and conditions of this Agreement. You will need to follow the Account opening and activation application process which requires You to upload the required information and documentation (which list is not exhaustive) (“Application Documentation”), and Pay10 reserves the full right to request further and/or additional information at any time as it sees fit in its sole and absolute discretion. The list of Application Documentation is detailed in the Account opening and activation application process of the Pay10 App. Each Account opening and activation application is assessed by Pay10 for regulatory, legal, compliance, governance and business purposes, and in the event that the application is successfully processed, you shall be permitted to use the Pay10 Services, subject to this Agreement.
4.4.2 In consideration of Your use of Pay10 Services, Fees, Charges and limits will apply as per the Schedule of fees and charges attached herewith in Appendix (2), as may be updated by Pay10 from time to time at its sole discretion, with such updates being effective upon posting on the Pay10 App or website
4.4.3 In addition to Your compliance with this Agreement, You will comply, at Your own expense, with all Rules, and applicable laws, regulations, rules, ordinances and orders of governmental authorities. You shall not use the Pay10 Services in any prohibited manner, including, but not limited to, those set forth in the Rules and/or in furtherance of any activity that may cause Pay10 or any Third-Party to incur any liability, penalty, fine, loss, damage, negative publicity, regulatory investigation, prosecution, or other enforcement action. Pay10 reserves the right, without notice, to suspend, limit, or terminate access to the Pay10 Services where it suspects or determines, in its sole discretion, that this clause has been or may be breached.

4.5 Data License Grant by You to Pay10

4.5.1 You grant Pay10 a royalty-free, non-exclusive and sublicensable license to use Data, materials, and other intellectual property as necessary or useful for Pay10 to provide the Pay10 Services to You and to otherwise perform Pay10’s obligations under this Agreement. Pay10 may collect and hold Data from and about You: (a) for the purpose of providing You with the Pay10 Services; and/or (b) to consider Your eligibility for the Pay10 Services. You understand and agree that such Data may be shared with and used by certain Third Parties (including without limitation Third-Party Service Providers, government agencies, courts auditors, regulators, and professional advisors). Additionally, you understand that such Data may be shared with Pay10 by certain Third Parties and You authorize Pay10 to receive Your Data from such Third Parties. You acknowledge and agree that Pay10 shall have no liability for any actions or omissions of such Third Parties in relation to the handling of Your Data, except to the extent required by Applicable Law.

4.6 Support of Pay10 Services

4.6.1 Regardless of whether Pay10 Services are provided by Pay10 directly or through a Third-Party Service Provider, You and Pay10 agree that Pay10 (and not the Third-Party Service Provider) will provide first line support to You on issues relating to Your use of the Pay10 Services. You acknowledge and agree that You will look to Pay10 for all support, including for any Pay10 Services provided by a Third-Party Service Provider, or any additional supplier, agent, vendor, contractor or Third-Party providing any part of the Pay10 Service; provided that Pay10 makes no guarantee of resolution times and shall not be liable for any delay, interruption, or failure caused by such Third-Parties..

For all inquiries, complaints, or support needs, You may contact PAY TEN B.S.C. (Closed) at:

Registered Address: Flat 2202, Building 1398, Road 4626, Block 346, Manama Sea front

Communication Channels:

24/7 Support Center:
Email: support@pay10.bh

4.6.2 Pay10 is committed to providing timely and accessible support in accordance with Applicable Law Users should use the above channels for all support-related communications, including issues related to transaction initiation, unauthorized access, or service disruptions. You acknowledge that support responses may be recorded and monitored for quality assurance and compliance purposes.

4.6.3 You acknowledge that Pay10 may outsource certain functions (e.g., processing, support, digital identification & verification) to third parties compliant with CBB Outsourcing requirements. Pay10 remains fully responsible for service quality and compliance.

5.DATA (SECURITY, COLLECTION, TRANSFER AND RETENTION) AND CREDENTIALS

5.1 Use and Sharing of Your Data

5.1.1 Pay10 will collect, retain, use, store, transmit, process and share information and Data collected from You, and Pay10 will share such information and Data with its Third-Party Service Providers, in accordance with Pay10’s Privacy Policy. You consent to the collection, use, retention, storage, transmission, processing and transfer of Data, and the sharing of Data with Third-Party Service Providers and other Third-Party vendors, agents, and suppliers, as described in this section and pursuant to Pay10’s Privacy Policy. You agree to monitor Pay10’s Privacy Policy periodically to review any possible amendments. By using the Pay10 Services after modifications to Pay10’s Privacy Policy, You are deemed to have agreed to such amendments. Company’s collection, use, and disclosure of Data shall be conducted in accordance with the PDPL of Bahrain.
5.1.2 Pay10 may collect, use, share, and hold personal or non-public information about You, including but not limited to: Your name, address, telephone number, email address, CPR (Central Population Registry) number or other national identifier and payment data, Transaction data, including account numbers and purchase history (“Data”) for the purpose of considering eligibility for the
5.1.3 Pay10 Services and for the purpose of providing You with the Pay10 Services. Pay10 shall have the right to (i) use the Data as necessary to perform the Pay10 Services (including distributing the Data to its Third-Party Service Providers and other Third-Parties, as requested by You and as necessary to perform the Pay10 Service); (ii) maintain the Data as long as necessary or as required by law and used internally for record keeping, internal reporting, and support purposes; (iii) compile and disclose Data in the aggregate where the Data is not identifiable, including without limitation, calculating merchant averages by region or industry; and (iv) provide the Data as required by Rules, law or court order, or to defend Pay10’s rights in a legal dispute. Pay10, its subsidiaries, Third-Party Service Providers, suppliers and/or their agents and/or contractors may have access to, use, and transfer such Data among themselves as necessary for the purpose of the provision and management of the Pay10 Services. Pay10 may further transfer Data (a) with non-affiliated entities that assist Pay10 in providing products and services that You have requested; (b) with companies that provide support services to Pay10; (c) with companies that provide marketing services on behalf of Pay10; or (d) as otherwise provided by law.You expressly acknowledge that Pay10 shall not be liable for any use or misuse of Data by Third Parties once disclosed in accordance with this Agreement, and you waive any claims against Pay10 in respect thereof.
5.1.4 In evaluating Your eligibility for, provision of, administration and management of the Pay10 Services, as well as under circumstances described in the Privacy Policy that may be changed from time to time, Pay10 may obtain various consumer reports regarding You from Third Parties, run a credit check or obtain other personal or credit information about You. Pursuant to such, Pay10 may, from time to time, obtain consumer-identifying and credit information (including credit reports) and other consumer reports from multiple consumer reporting for the purpose of verifying Your identity and evaluating the fraud and credit risk associated with You in connection with a business transaction. You expressly authorize Pay10 to investigate Your individual history and background, consumer-identifying and credit information, and to obtain credit or consumer reports or other background investigation reports on You that Pay10 consider necessary to both review the acceptance of Your application initially, and thereafter at any time during your use of the Pay10 Services. You also authorize any person or credit reporting agency that issues consumer reports to answer those credit inquiries and to furnish that information to Pay10. You represent and warrant to Pay10 that that such information and documentation will comply with all applicable requirements under Applicable Law in the Kingdom of Bahrain (including, where relevant, the PDPL and the CBB Rulebook) for the purposes of this Agreement. You irrevocably authorize Pay10 to retain such reports for legal, compliance, and risk management purposes for as long as permitted by applicable law.
5.1.5 While Pay10 uses commercially reasonable efforts to safeguard Data obtained, processed, stored, and transmitted while using Pay10 Services, Pay10 expressly disclaims any warranty that Data will be processed, stored and/or transmitted without unauthorized interception or modification or Data will not be accessed or compromised by any unauthorized Third Parties.
5.1.6 With respect to Pay10 Services, to the extent applicable to Pay10, Pay10 will maintain compliance with the PCI DSS. Nothing in this clause shall be construed as a guarantee or warranty of uninterrupted PCI DSS compliance at all times.
5.1.7 By accepting this Agreement and using Pay10 services, you provide explicit consent to the collection, processing, and sharing of your personal data as described herein and in the Privacy Policy, including for service provision, fraud prevention, marketing (with opt-out option), and compliance. You may withdraw your consent as per our Privacy Policy.
5.1.8 Personal data may be transferred outside Bahrain only to jurisdictions on the PDPA adequacy list or with appropriate safeguards. When required, prior PDPA authorization will be obtained. Transfers comply with PDPL to ensure equivalent protection.

5.2 Your Duties Towards Data Security

5.2.1 You will comply at all times with this Agreement, the Rules (including Card Association rules and PCI DSS), and all current and future legal obligations and security measures under Applicable Law (including, where relevant, the CBB Rulebook and requirements issued by competent Bahraini authorities). You will comply with all Pay10 security protocols, notices and safeguards in effect during the term of this Agreement and as updated from time to time at Pay10’s discretion. Notwithstanding Pay10’s assistance in understanding the Rules, you acknowledge and agree that you assume the risk of compliance with all provisions of the Rules, whether or not you have possession of such Rules. You warrant that you have taken such precautions as are necessary to ensure that your Data is protected and that your electronic and physical systems are secure from breach, intrusion, virus and compromise by any unauthorized Third Parties. If your systems are breached, or any un-authorised third party accesses Personal Data or other data relevant to the Services, or there is any suspected or actual security incident that may compromise the confidentiality, integrity or availability of such data or the Services, You must notify Pay10 without undue delay and in any event within twenty-four (24) hours at support@pay10.bh and 800 100 10, providing Your name, contact details, a description of the issue, the date/time detected, known or suspected impact, and steps taken. Pay10 will report reportable personal-data breaches to the PDPA within 72 hours and reportable cyber incidents to the CBB immediately (within 1 hour) with an initial report within 2 hours, where applicable to its license, and will maintain records to demonstrate compliance.
5.2.2 You may also activate the “Freeze account” option under the Security section of Your account to immediately mitigate risks related to unauthorized access or transactions. and You acknowledge that failure to do so may be deemed contributory negligence in any related claim.
5.2.4 You are solely responsible for the security of Data residing on servers owned or operated by You, or any Third-Party designated by You (e.g., a web hosting company, processor, or other service provider), including Payment Card numbers and any other Data. You shall comply with all Card Association rules, applicable laws and regulations governing the collection, retention, storage, transfer and use by You of Payment Card and other financial information and You shall not hold Pay10 responsible for any security lapses, breaches, or non-compliance on such systems.
5.2.5 You are solely responsible for verifying the veracity, accuracy and completeness of all Transactions submitted to and processed by Pay10 associated with Your Account, and for verifying that all corresponding funds are accurately processed. If You use any API provided in connection with the Pay10 Services, You are solely responsible for such use of the API, the security of Your credentials associated with the API, and the security of information and data submitted through the API. The fees associated with any and all Transactions and associated Data submitted to Pay10 are earned by Pay10 and shall not be reimbursed. Pay10 and its Third-Party Service Providers will not be liable for any Transactions, including without limitation those that are unauthorized, improperly processed or approved, wrongfully declined, or otherwise, or for any access to any Transaction or Account data, including without limitation any unauthorized, illegal, or fraudulent access. Pay10’s liability for unauthorized Transactions or improperly processed Transactions solely attributable to the negligence of Pay10 is limited pursuant to Section 10 (Limitation of Liability) , and under no circumstances shall Pay10 be liable for any indirect, incidental, or consequential damages arising therefrom.
5.2.6 You are solely responsible for compiling and retaining permanent records of all Data for Your reference. Except as otherwise provided in this Agreement, Pay10 shall have no obligation to store, retain, report or otherwise provide any copies of or access to any records of Transactions or other Data collected or processed by Pay10. Upon termination of this Agreement, Pay10shall have no obligation to provide You with any Data. You shall use proper controls for and limit access to all Data. Prior to discard You shall render all Data unreadable and abide by any laws or regulations imposed on You for Data destruction and/or disposal.
5.2.7 You must notify the Company without undue delay and no later than (30) calendar days after becoming aware of an unauthorized transaction. Where required by Applicable Law, we may provisionally credit the disputed amount while we investigate. We will refund unauthorized transactions unless you acted fraudulently or with gross negligence. Where permitted by Applicable Law, you may be liable for limited losses incurred before you notify us; any such limit will be disclosed on the Fees Page.
5.2.8 You must maintain updated, secure devices with anti-virus software and enable multi-factor authentication (MFA) where available. You must report any suspected cyber incidents (e.g., phishing, malware) immediately to Pay10. Pay10 may suspend services upon detection of a cyber risk. The user undertakes to cooperate in any ensuing investigations/regulatory requirements and acknowledges that the company shall not be liable for losses arising from cyber attached beyond its reasonable control, provided that the company has implemented appropriate mitigative measures.

5.3 Your Username and Password Credentials

5.3.1 In connection with Your rights described in Section 4.1 (Pay10 Services Grant to You), Pay10 will issue to You, or permit You to use a username and password, to enable You to access Your Account and use the Pay10 Services. You will restrict access to such username, password, as may be reasonably necessary and consistent with the purposes of this Agreement and You fully indemnify Pay10 for any losses, damages, claims, or liabilities arising from use of Your username and password credentials under any circumstances whatsoever, including but not limited to cases of loss, theft, or unauthorized disclosure.
5.3.2 You are solely responsible for maintaining adequate security and control of any and all usernames, passwords, or any other codes that are issued to You by Pay10 or selected by You, for purposes of giving You access to the Pay10 Services. Pay10 shall be entitled to rely on information it receives from You and may assume that all such information was lawfully transmitted by or on behalf of You with the necessary authorizations from You.

5.4 REJECTION

5.4.1 Pay10 reserves the right, in its sole and absolute discretion, at any time and without prior notice, and with or without assigning any reason, reject and/or refuse to process as part of Pay10 Services any payment by You.

5.5 REFUND

5.5.1 In the event that Pay10 receives a request from You for a refund of any amount of any payment made by You with respect to any Transaction where for whatever reason, the Merchant is unable to perform/provide the product and/or service (whether in whole or in part) which You procured from the Merchant and paid for using the Pay10 Services, Pay10 shall contact the Merchant to establish the relevant facts , Pay10 shall have no obligation to refund any amount unless it has actually received the corresponding funds from the Merchant or any other relevant third party. Thereafter Pay10 shall, in its sole and absolute discretion, decide on whether any refund is to be affected and the amount of any such refund. You acknowledge and agree that Pay10 shall not be responsible for, nor guarantee, the performance of any Merchant obligations, and that all refund decisions made by Pay10 shall be final and binding.
5.5.2 It is agreed that Pay10 is entitled to the Service Fees for every Transaction submitted on the Pay10 App by You, irrespective of any refund as specified herein. You further agree that Service Fees are non-refundable under any circumstances, and that any refund granted shall be net of such Service Fees and any other applicable charges or deductions.

6. INTELLECTUAL PROPERTY

6.1 As between Pay10 and You, Pay10 (or its affiliates, licensors and/or Third-Party Service Providers, as applicable) owns and retains all right, title and interest in and to the Pay10 Services, the Pay10 App, all related platforms, databases, software, APIs, documentation, designs, look-and-feel, user interfaces, trademarks, copyrights, patents, trade secrets, know-how, processes, methods, algorithms, technology and any related technology utilized under or in connection with this Agreement, including but not limited to all Intellectual Property rights associated pursuant to this Agreement. No title to or ownership, whether in whole or in part, of any of the foregoing is granted or otherwise transferred to You, or any other entity or person under this Agreement, whether by implication, estoppel or otherwise.

6.2 You shall not reverse engineer, disassemble, decompile or otherwise attempt to discover the source code or trade secrets or underlying structure, ideas, or algorithms for any of Pay10 Services or related technology. You agree to promptly report to Pay10 any unauthorized use or infringement of the Pay10 Services or any Pay10’s Intellectual Property which comes to Your attention.

7. TERMINATION

7.1 Termination by You

7.1.1 You may terminate this Agreement with or without cause, and for any reason, by providing Pay10 with at least thirty (30) Days written notice of Your intent to terminate this Agreement. Notwithstanding the foregoing, Consumers may terminate this Agreement immediately by closing their account via the Pay10 platform or by notifying Pay10 in writing, subject to settlement of any outstanding obligations. For clarity, any fees, charges, or liabilities accrued prior to the effective termination date shall remain payable and non-refundable.

7.2 Termination by Pay10

7.2.1 Pay10 may terminate this Agreement and/or terminate Your use of Pay10 Services immediately, or at any time, without advance or prior notice and with or without cause, for any reason including without limitation to Your breach or default of any obligation set forth in this Agreement or if Pay10 determines, in its sole discretion, that Your activities/practices are detrimental to the achievement of Pay10’s business objectives, or if a Pay10’s relationship with its Third-Party Service Provider terminates or the Third-Party Service Provider otherwise ceases supplying Pay10 with services necessary for the delivery of the Pay10 Services.

7.3 Effect of Termination and Survival

7.3.1 Upon termination of this Agreement for any reason whatsoever, all rights and interests under this Agreement shall be extinguished and shall be given no further force or effect except that (i) all accrued payment obligations under this Agreement shall survive such expiration or termination; and (ii) any indemnities, disclaimers, limitations of liability, confidentiality obligations, and rights granted to Pay10 shall survive; and (iii) the rights and obligations of the parties under Section 12.9 (Survival) shall survive termination.

7.4 Unclaimed Balance

7.4.1 Any funds remaining in Your Pay10 account that have not been accessed, withdrawn, or used by You for a period of 6 months shall be considered unclaimed balances.
7.4.2 Pay10 will make reasonable efforts to contact You using Your registered contact details before treating the balance as unclaimed.
7.4.3 Unclaimed balances will be held securely by Pay10 for a further period of 6 months to allow You to claim them.
7.4.4 If the balance remains unclaimed after the holding period, Pay10 reserves the right to apply any applicable fees for maintenance or administration, and/or transfer such unclaimed funds to a designated escrow or regulatory authority in accordance with applicable laws.
7.4.5 You may reclaim any unclaimed balance at any time during the holding period by contacting Pay10 Customer Support and verifying Your identity.
7.4.6 Upon termination or expiry of Your account, any remaining balance will be treated as unclaimed subject to the above provisions.

8. CONFIDENTIALITY AND NONDISCLOSURE

8.1 Use of Confidential Information

8.1.1 Each party that receives Confidential Information (“Receiving Party”) from the other party (“Disclosing Party”) agrees to use reasonable best efforts to protect all Confidential Information provided by or disclosed by the Disclosing Party, and in any event, to take precautions at least as great as those taken to protect its own Confidential Information of a similar nature. The Receiving Party will only use the Confidential Information of the Disclosing Party to perform its obligations under this Agreement. Each party agrees that the terms and conditions of this Agreement will be Confidential Information, provided that each party may disclose the terms and conditions of this Agreement to its immediate legal and financial consultants in the ordinary course of its business.
8.1.2 Each party agrees not to divulge any confidential information, trade secrets or know how or any information derived therefrom to any third person or entity and shall only disclose Confidential Information to employees, agents, contractors, or required third persons on a “need to know” basis who have executed a nondisclosure agreement with similar terms and obligations as restrictive as those set forth in this Agreement.
8.1.3 The Receiving Party shall not make any use whatsoever at any time of the Disclosing Party’s Confidential Information except as permitted by, or in order to comply with its obligations under, this Agreement.
8.1.4 The Receiving Party shall not copy (in any form whether in physical or digital versions) or reverse engineer any portion of the Disclosing Party’s Confidential Information.

8.2 Exclusions

8.2.1 The foregoing restrictions will not apply to any information that: (a) the Receiving Party can document it had in its possession prior to disclosure by the Disclosing Party, (b) was in or entered the public domain through no fault of the Receiving Party, (c) is disclosed to the Receiving Party by a Third-Party legally entitled to make such disclosure without violation of any obligation of confidentiality, (d) is required to be disclosed by applicable laws or regulations or by order of a court or governmental authority (but in such event, only to the extent required to be disclosed), or (e) is independently developed by the Receiving Party without reference to or use of any Confidential Information of the Disclosing Party.

8.3 Return of Confidential Information

8.3.1 Upon written request of the Disclosing Party and at Disclosing Party’s sole discretion, Receiving Party will destroy or return to Disclosing Party all materials, in any medium, that contain, embody, reflect or reference all or any part of any Confidential Information of the Disclosing Party. Such destruction will be certified in writing by Receiving Party and shall include the deletion of all electronic copies from any systems, storage media, or backup devices.

8.4 Injunctive Relief

8.4.1 Each party acknowledges that breach of this provision by itself may result in irreparable harm to the other party, for which money damages could be an insufficient remedy, and therefore that the other party may be entitled to seek injunctive relief and other equitable remedies to enforce the provisions of this Section 8 (Confidentiality and Nondisclosure).

9. REPRESENTATIONS AND WARRANTIES

9.1 Mutual Representations and Warranties

Each party represents and warrants to the other that (a) this Agreement constitutes a legal, valid and binding obligation, enforceable against it in accordance with its terms; (b) the party’s obligations under this Agreement do not violate any law or breach any other agreement to which such party is bound; (c) it has all necessary right, power and ability to execute this Agreement and to perform its obligations under this Agreement; and (d) no authorization or approval from any Third-Party is required in connection with such party’s execution, delivery or performance of this Agreement.

9.2 Your Representations and Warranties

9.2.1 You represent and warrant that (i) all statements made by You pursuant to this Agreement, or in any other document relating hereto by You or on Your behalf, are true, accurate and complete in all material respects and will remain true, accurate and complete for the duration of this Agreement; (ii) all Transactions submitted in connection with the Pay10 Services are for bona fide and compliant with applicable Rules, laws, and regulations; (iii) You have all necessary right to any data or materials You use or provide to Pay10 in conjunction with the Pay10 Services, and no such data or materials infringe the intellectual property rights of any Third-Party (iv) You will not use the Pay10 Services for any prohibited Transactions or purposes as defined by Pay10 from time to time; and (v) You shall be solely responsible for the acts and omissions of Your employees, agents, contractors, and any third parties acting on Your behalf in connection with the Pay10 Services. You authorize Pay10 to investigate and confirm the information submitted by You. For this purpose, Pay10 may utilize credit bureau / reporting agencies and / or its own agents, as described in Section 5.1 (Use of Your Data).
9.2.2 You represent and warrant that You will comply with all Rules, applicable laws, regulations, rules, ordinances and orders of governmental authorities having jurisdiction.
9.2.3 You will abide with all material terms of the then current policies, procedures, and guidelines of Pay10 governing the Pay10 Services as amended from time to time at Pay10’s sole discretion.
9.2.4 You warrant that you are not subject to any international sanctions (e.g., UN, EU,OFAC, UNSC lists) and will not use Pay10 services for transactions involving sanctioned individuals, entities, or countries.

9.3 Mutual Representations and Warranties

9.3.1 Pay10 Services are designed for use with certain Third-Party programs, including, without limitation, certain internet browser software programs. You will look solely to the developers and manufacturers of such programs with regard to warranty, maintenance or other support regarding the same. Pay10 makes no warranty, express or implied, with regard to any such Third-Party software. Pay10 does not warrant the services of any Third-Party, including without limitation Third-Party Service Providers, or the Card Association and shall not be responsible for any failure, error, delay, or defect in such Third-Party services..

9.4 Warranty Disclaimer

9.4.1 Pay10 Services are provided on an “as is” and “as available” basis, without any representations or warranties. Pay10 and its Third-Party Service Providers do not represent or warrant that the Pay10 Services will be available, accessible, uninterrupted, timely, secure, accurate, complete, or entirely error free. You may not rely upon any representation or warranty regarding the Pay10 Services by any Third-Party in contravention of the foregoing statements, including, but not limited to representations by Third-Party Service Providers. Pay10 and its Third-Party Service Providers specifically disclaim all representations, warranties and conditions whether express or implied arising by statute, operation of law, usage of trade, course of dealing, or otherwise, including but not limited to warranties or conditions of merchantability, fitness for a particular purpose, non-infringement, or title with respect to the Pay10 Services, or other services or goods provided under this Agreement. You understand and agree that Pay10 and its Third-Party Service Providers shall bear no risk with respect to Your sale of products or services, including without limitation, any risk associated with credit card fraud, ach fraud, check fraud or chargebacks, and You shall be solely responsible for all losses, liabilities, penalties, and costs arising therefrom.

10. LIMITATION OF LIABILITY

10.1 Pay10 disclaimers

10.1.1 Pay10 and its Third-Party Service Providers expressly disclaim any liability or loss, however occurring including negligence, whether direct or indirect, foreseeable or unforeseeable, that arises from or related to any unauthorized access to your Account, facilities, or to your Data or programs due to accident, illegal or fraudulent means or devices used by any Third-Party, or other causes beyond Pay10’s reasonable control.
10.1.2 Pay10 and its Third-Party Service Providers expressly disclaim any liability or loss, however occurring including negligence, arising from or related to: (i) Your failure to properly activate, integrate or secure Your Account(s) regardless of whether such transactions are ultimately deemed legitimate or illegitimate; (ii) fraudulent transactions processed through Your Account(s); (iii) disruption of Pay10 Services, systems, server or web site by any means, including without limitation, DDoS attacks, software viruses, trojan horses, worms, time bombs, or any other technology; (iv) actions or inactions by any Third-Party, including without limitation, a Third-Party Service Provider, or acquiring bank; (v) unauthorized access to Your Data including but not limited to, payment card numbers, other personally identifiable information, transaction data or personal information belonging to Pay10, You, or any Third-Party; or (vi) Your sale of products or services (including without limitation any risk associated with payment card fraud, ach fraud, check fraud, chargebacks, transaction rating, improperly authorized transactions, legitimate but unauthorized transactions, data transmission errors, or any action or omission by a Third-Party).

10.2 Pay10 Limitation of Liability

10.2.1 Under no circumstances will Pay10 or any of its parents, affiliates or third-party providers, or any of its officers, directors, employees or agents, be liable for any indirect, incidental, consequential, special or exemplary damages however or whenever arising, including (without limitation) lost revenue, lost profits (including anticipated profits), loss of business or injury to business reputation, or cost of procurement of substitute services, under any theory of liability or cause of action (whether in tort (including negligence), contract or otherwise), regardless of whether advised of the possibility of such damages. Any fines, fees, penalties, assessments or other amounts imposed by any card schemes/associations are deemed direct damages between the Parties and will not be treated as special, incidental, consequential or punitive damages. Nothing in this Clause excludes or limits liability to the extent it arises from a Party’s fraud, willful misconduct or gross negligence, death or personal injury, or liability that cannot be limited or excluded under Applicable Law.
10.2.2 Subject to Clause 10.2.1, each Party’s aggregate liability arising out of or in connection with this Agreement (whether in tort (including negligence), contract or otherwise) shall not exceed the total fees paid and payable by You for the Pay10 Services in the twelve (12) months immediately preceding the event giving rise to the claim.
10.2.3 You will remain liable for any liabilities and losses and other amounts incurred by Pay10 arising under this Agreement that are attributable in whole or in part to: (i) Your breach of any provision of this Agreement or other applicable agreement associated with the Pay10 Services; (ii) any information, Data, or Transactions that You know or should have known contains inaccuracies or omissions; and/or (iii) any security breach or unauthorized access to Data or Confidential Information caused by the actions of You.
10.2.4 Pay10 shall not be liable for transaction delays or failures caused by external payment rails or Licensed Financial Institutions (LFIs), including system timeouts or operational disruptions outside Pay10’s control. Users acknowledge that such delays or failures are the responsibility of the respective payment rail providers or LFIs. Pay10 will use commercially reasonable efforts to provide notice of material transaction failures when identified but shall have no obligation to monitor such failures in real time.
10.2.5 Pay10 shall not be liable for transaction failures resulting from connectivity issues or malfunctions originating from the user’s device, network, or internet connection. Users are responsible for maintaining reliable devices and internet connections to ensure successful transaction initiation. Pay10 will maintain secure communication channels in accordance with applicable regulations but is not responsible for user-side disruptions or failures caused by third-party communications providers.
10.2.6 Pay10 shall not be liable for transaction failures, including those involving Variable Recurring Payments (VRPs), resulting from insufficient funds, inactive or closed accounts, or other account status issues, which are the responsibility of the user and the respective financial institution (Service Owner). Users must ensure their accounts are active, sufficiently funded, and compliant with Applicable Law before initiating transactions through Pay10’s platform. Pay10’s role is limited to securely transmitting user instructions in accordance with the CBB Rulebook, Volume 5 -Module OB (Open Banking), where applicable., Pay10 is not responsible for verifying account status or balance at initiation or for account status changes or transaction rejections by the Service Owner or any disputes arising therefrom except to the extent required by Applicable Law.

11. INDEMNIFICATION

11.1 You shall defend, indemnify, and hold harmless Pay10 and its Third-Party Service Providers, parents, and/or subsidiaries, affiliates, and any of their respective officers, directors, agents and employees (collectively, the “Indemnified Parties”), from and against any and all claims, actions, demands, proceedings, and suits and all related liabilities, damages, settlements, penalties, fines, costs or expenses (including reasonable attorneys’ fees and other litigation/court expenses) fines, penalties, and judgments of any kind or nature whatsoever (collectively, “Losses”), incurred by Pay10, arising out of or relating to (i) any breach or alleged breach by You of any representation, warranty, covenant, or obligation of You set forth in this Agreement; (ii) Your violation or non-compliance with any Rules, Applicable Law, statutes, , regulation or order; (iii) any damage or loss caused by negligence, fraud, dishonesty or willful misconduct by You; (iv) the reliability, accuracy, or legitimacy of Data, content, Transactions or purchase orders submitted by You to Pay10; (v) Transactions, including unauthorized, fraudulent or disputed Transactions, submitted using the Pay10 Services, including Transactions rejected by Pay10 or an issuing bank, and; (vi) ) any alleged infringement, misappropriation or violation of a patent, copyright, trademark or other intellectual property right by You or arising from any data or other materials or technology supplied by You or from Your use of the Pay10 Services in an unauthorized manner; (vii) any alleged or actual violation or non-compliance by You of any Rules, applicable laws, regulations or rules of (a) the Card Associations, including non-compliance of PCI-DSS or any applicable industry standards; (b) or any Competent Authority (including, where applicable, the CBB)over the subject matter hereof; (viii) any violation of Pay10’s policies or guidelines; (ix) any data breach or any unauthorized access, use, or disclosure of Confidential Information, personal data, card information, or Your credentials from systems and networks controlled by You or Your service providers; (x) any claims arising from Your failure to maintain adequate security measures or controls to protect Your Account, credentials, or Data, including failure to promptly notify Pay10 of any unauthorized access or security incidents (xi) any claims resulting from Your violation of applicable anti-money laundering (AML), counter-terrorism financing (CTF), sanctions laws, or any other financial crime laws and regulations; (xii) any loss, damage, or claim caused by Your use of Pay10 Services for illegal, fraudulent, or unauthorized purposes, including misuse of the platform, money laundering, or financing of unlawful activities; (xiii) any third-party claims arising from Your communications, content, or interactions conducted through the Pay10 platform, including but not limited to defamation, infringement, or violations of privacy rights; (xiv) any claims related to Your failure to comply with applicable data protection laws, including but not limited to the Bahrain Law No. (30) of 2018 (PDPL) and any other Applicable Data Protection Laws, or other privacy regulations, in connection with Your use or processing of personal data via Pay10 Services or (xv) any claims arising from Your failure to comply with export control laws or restrictions applicable to software, technology, or data transmitted or received through the Pay10 Services. In the event You cause fines and/or penalties to be charged to Pay10 by the Card Associations or any other entity, You agree to immediately reimburse Pay10 for such fines and penalties.

12. GENERAL PROVISIONS

Non-exclusivity

12.1.1 Each Party acknowledges and agrees that the rights granted to the other Party in this Agreement are non-exclusive, and that, without limiting the generality of the foregoing, nothing in this Agreement shall be deemed or construed to prohibit either Party from participating in similar business arrangements as those described in this Agreement.

12.2 Notices

12.2.1 All notices to You shall be given electronically, sent to the electronic email address provided by or for You during registration for the Pay10 Services and/or posted in the Merchant Control Panel of Your Account. All notices to Pay10 shall be given electronically by sending an email to Pay10’s email address listed within the Merchant Control Panel of Your Account.

12.3 Assignment

12.3.1 You will not have the right or the power to assign any of Your rights or delegate the performance of any of Your obligations under this Agreement without the prior written consent of Pay10, including in the case of a merger. Pay10 will have the right, without prior written notice to You, to assign this Agreement to its successors and/or assigns, subsidiaries, affiliates, and/or Third-Party Service Providers.

12.4 Waiver

12.4.1 The failure of any Party to insist on or enforce strict performance of any provision of this Agreement or to exercise any right or remedy under this Agreement or applicable law will not be construed as a waiver or relinquishment to any extent of the right to assert or rely upon any such provision, right or remedy in that or any other instance; rather, the same will be and remain in full force and effect. Waiver by either Party of a breach of any provision contained in this Agreement must be in writing, and no such waiver will be construed as a waiver of any other and/or succeeding breach of such provision or a waiver of the provision itself.

12.5 Severability and Headings

12.5.1 If any provision of this Agreement is held to be invalid or unenforceable for any reason, the remaining provisions will continue in full force without being impaired or invalidated in any way. The Parties agree to replace any invalid provision with a valid provision, which most closely approximates the intent and economic effect of the invalid provision. Headings are used for convenience of reference only and in no way define, limit, construe or describe the scope or extent of any section, or in any way affect this Agreement.

12.6 Force Majeure

12.6.1 Neither Party will be liable for any losses, damages, penalties or other liabilities arising out of the delay or interruption of its performance of obligations under the Agreement due to any acts of God, acts of civil or military authorities, civil disturbances, disease, strife, wars, strikes or other labour disputes, fires, transportation contingencies, interruptions in telecommunications, utility, Internet services or network provider services, cyber-attacks, hacking, software or hardware failures or other catastrophes or any other occurrences which are beyond such parties’ reasonable control (each a “Force Majeure Event”), provided that the Party delayed will provide the other Party notice of any such delay or interruption as soon as reasonably practicable, will use commercially reasonable efforts to minimize any delays or interruptions resulting from the Force Majeure Event and in no event will any failure to pay any monetary sum due under this Agreement be excused for any Force Majeure Event. Any payment obligations under this Agreement shall continue to be due and payable and shall not be excused or deferred due to a Force Majeure Event.

12.7 Governing Law and Jurisdiction

12.7.1 This Agreement and any non-contractual obligations arising out of or in connection with it are governed by the laws of the Kingdom of Bahrain. The courts of the Kingdom of Bahrain have exclusive jurisdiction to settle any dispute arising out of or in connection with this Agreement.

12.8 Entire Agreement

12.8.1 This Agreement together with all pay10 policies referenced in this Agreement sets forth the entire understanding and agreement of the Parties and supersedes all prior or contemporaneous oral or written agreements or understandings between the Parties, as to the subject matter of this Agreement. You acknowledge that this Agreement reflects an informed and voluntary engagement between Pay10 and You of all risks (both known and unknown) associated with Pay10 Services.

12.9 Survival

12.9.1 The provisions of this Agreement relating to any fees or other amounts owed, payment of finance charge on unpaid fees, confidentiality, warranties, limitation of liability, indemnification, governing law, severability, headings, Third-Party beneficiary, this section 14, and any other provisions that by their nature should survive termination shall survive termination or expiration of this Agreement.

12.10 Complaints

12.10.1 We acknowledge written complaints within five (5) working days of receipt and provide a final written response within four (4) weeks of receipt, in line with Bahraini regulatory expectations. If we cannot issue a final response within four (4) weeks due to exceptional complexity, we will write to you explaining the reason and the expected timeframe.
12.10.2 If your complaint remains unresolved after our final response, you may escalate it through the Central Bank of Bahrain’s consumer complaint process. Should the complaint remain unresolved following the company’s final response, the User may escalate the matter through the consumer complaint procedures of the Central Bank of Bahrain. The company shall retain the records of complaints for a minimum of five (5) years.
12.11 Electronic Signatures & Records-The Parties acknowledge the legal validity of electronic records and electronic signatures in Bahrain and agree that execution by an agreed e-signature solution constitutes a valid signature to the fullest extent permitted by Applicable Law.
12.12 Pay10 may review and amend this agreement annually or upon regulatory changes. User’s continued use constitutes acceptance.

Appendix(1)

1.1 Pay10 Wallet Services

1.1.1 Eligibility and Registration: a. To open and maintain a Wallet, you must be at least 18 years old, lawfully resident in the Kingdom of Bahrain (or otherwise permitted by Applicable Law) and a valid Bahrain mobile number. b. You must complete the Company’s KYC and CDD process. We may restrict your Wallet functionality until verification is complete.
1.1.2 Funding and Redemption: a. You may fund your Wallet through bank transfer, or any other methods we make available. Funding limits are specified in Funding limits are specified in Clause [ ]. b. Wallet balances do not earn interest. c. You may redeem (withdraw) your Wallet balance to a linked bank account in your name or send to any other beneficiaries bank account, subject to verification and the limits/fees in Clause [ ].Redemption requests may take up to 5 Business Days to process.
1.1.3 Use Restrictions: a. The consumer Wallet is for personal (pay merchants for their goods & services, sending/ receiving money to/from other Pay10 consumers, and any other activity as enabled by Pay10 in the consumer wallet app), non-business use only. You may not use it for illegal activities, gambling, or the sale of prohibited goods/services. b. We impose daily and monthly transaction limits for security purposes, as detailed in clause [ ]. c. Wallets limits shall be based on the CBB regulations. These limits may be adjusted by Pay10 for Compliance or Risk Management reasons. (d) Pay10 shall facilitate fund transfers from the User’s Pay10 wallet or linked accounts to merchants, other users, or designated beneficiaries with due expedition, contingent upon the availability of sufficient funds, requisite verifications, and compliance with applicable laws. (e ) Pay10 shall furnish confirmation of transfer status, and any delays attributable to external factors, such as banking processes, shall not engender liability on the part of company. The user shall ensure the accuracy of beneficiary particulars; transfers affected in error may not be subject to reversals.
1.1.4 Dormancy and Escheatment: a. A Wallet will be considered dormant if there has been no customer-initiated activity for 6 consecutive months. b. A monthly administrative fee may be charged on dormant Wallets. Funds in a dormant Wallet will be handled in accordance with Applicable Law in Bahrain laws.
1.1.5 Negative Balances: You are responsible for maintaining a positive balance. If your Wallet balance becomes negative due to a reversed transaction or charged fee, you must immediately repay the amount owed. We may suspend your Account until the balance is positive.
1.1.6 Security: a. You are solely responsible for maintaining the security of your device and your Wallet login credentials. b. You must immediately enable the "Freeze Wallet" feature via the Pay10 App if you suspect unauthorized access and notify us per Section 5.2.1.
1.1.7 Electronic statements of your Wallet transactions will be made available monthly within the Company App. It is your responsibility to review these statements and report any discrepancies within 30 days.
1.1.8 We may terminate your Wallet services in accordance with Section 7 of this Agreement. Upon termination, you may redeem your remaining balance, net of any applicable fees, for a period of 30 days.

1.1 Pay10 Wallet Services

Your Wallet Account is an e-money account. You acknowledge that Your Wallet Account is not a bank account. There is no overdraft facility available on Your Wallet Account. No interest or return is payable on wallet balances.

Wallet Services

The Wallet Account is not a bank account, debit card or credit card account, and the Wallet Account owner will not be entitled to receive any interest on the funds loaded on the Wallet Account. No cheque books or other payment instruments will be issued to the Wallet Account owner, and the Wallet Account owner shall not be entitled to perform transactions that exceed the balance of the Wallet Account.
Usage of the Wallet Services is personal to the Wallet Account owner, and the Wallet Account owner shall be responsible for all transactions and charges
By using the Wallet Services, the Wallet Account owner authorizes Pay10 to:
o Deduct the value of transactions from the balance of the Wallet Account, notwithstanding that such transactions may exceed the amount loaded on the Wallet Account.
o Deduct all applicable Wallet Account charges from the Wallet Account as and when such charges accrue or arise
o Perform currency conversions when transactions are made in a different currency to Bahraini Dinar
o Debit the Wallet Account with all other liabilities that may be incurred by the Wallet Account owner through the use of the Wallet Services; and
o Set-off any liability owed by the Wallet Account owner to Pay10 against any amounts loaded on the Wallet Account.
You acknowledge and agree that Pay10 may establish general practices and limits concerning the use of the Wallet Services without prior notice to You, including without limitation individual or aggregate transaction limits on the value or number of transactions during any specified time period(s) and Recharge Limits. In addition to any applicable account limits and Recharge Limits, We may restrict transactions to or from Your Wallet Account or limit access to Your Wallet Account in such amounts and for such time as We deem necessary to protect Us or other users if:
o We are subject to financial risk
o You have violated any term of this Agreement,
o You have violated any term of this Agreement,
o Any dispute exists involving Your Wallet Account or transaction conducted in connection therewith, or
o It is needed to protect the security of Our systems.
We may restrict access to Your Wallet Account while We complete any pending investigation or resolve a pending dispute. We may also hold the funds in Your Wallet Account as required by law or court order or if otherwise requested by law enforcement or any governmental entity. For the facilitation of the foregoing, Your Wallet Account will show the Available Balance and the Available Balance. You will only be able to use funds showing in your Available Balance for payments and transfers from Your Wallet Account. Amounts in Your Current Balance exceeding the Available Balance may not be used for payments and transfers from Your Wallet Account, and they will automatically and gradually be transferred to Your Available Balance as soon as the Recharge Limit(s) permit doing so, otherwise, You may request the transfer of the full Current Balance to a bank account You own upon the closing of Your Wallet Account. Pay10 may decline any request to load Your Wallet Account upon reaching the Recharge Limit(s).
Pay10 may refuse to execute any transactions or orders or other use of the services if Pay10 suspect fraud, a breach of the applicable Agreement by You or a violation of the law. Transactions may also be delayed due to Pay10’s or a third party’s compliance with its obligations under applicable anti-money laundering legislation, including if Pay10 or the relevant third party suspects the transaction involves fraud. If Pay10 refuses to execute a transaction or order or other use of the services, You will be notified, and We reserve the right to provide You with objectively justifiable reasons for the refusal unless it is unlawful for Pay10 to do so or would compromise reasonable security measures.
Funding, payments, and transfers are displayed in Your Wallet Account, and You should check Your Wallet Account balance and transaction history regularly. You should report any irregularities or clarify any questions You have as soon as possible via the Customer Service Channels.
Except for Our role in offering the Wallet Services, We are not involved in any underlying sales transaction between You or any other user or merchant. We are neither the buyer nor the seller of the items or services the merchant offers for sale and are not a party to the sales contract. We will not mediate disputes between You and merchants or enforce or execute the performance of any sales contract.
We reserve the right to impose acceptable use terms in relation to the operation of Your Wallet Account and the provision of any Wallet Services, including the prohibition of certain categories of transactions, for example, payments in relation to gambling.
You must not use Your Wallet Account for any illegal purposes, including, without limitation, fraud and money laundering. If You conduct or attempt to conduct any transaction in violation of the prohibitions Pay10 reserves the right to reverse the transaction, and/or close or suspend Your Wallet Account and/or report the transaction to the relevant law enforcement agency and/or claim damages from You.
We will consider any instruction for a payment transaction to have been authorized by You once You have given Us consent to carry it out. You consent to make a payment by following the on-screen prompts when using the App and using one of the tools We make available for You to confirm payments.
We will send payments in accordance with Your instructions to third party beneficiaries or another account held in Your name that You specify to Us in accordance with Your instructions. When making payments to Yourself and not to a third-party beneficiary, We will only make a payment to a bank account or to debit or credit card where You are the named holder of such account.
All payment instructions must be made through the App. It is Your responsibility to ensure that accurate, complete, and correct payment instructions for the beneficiary of payment (including payments to Yourself) are provided to Us through the App.
This includes but is not limited to providing Us with the correct details for the beneficiary to whom You would like the payment sent. If You provide incorrect beneficiary details, We will not be liable for any loss You incur, although We will use reasonable efforts to assist You in the recovery of Your payment. We reserve the right to charge You a fee to cover Our reasonable costs for doing this. If We are unable to recover the funds on Your behalf, We will, on receipt of a written request from You, provide You with all available relevant information for You to claim repayment of the funds at no extra cost.
This includes but is not limited to providing Us with the correct details for the beneficiary to whom You would like the payment sent. If You provide incorrect beneficiary details, We will not be liable for any loss You incur, although We will use reasonable efforts to assist You in the recovery of Your payment. We reserve the right to charge You a fee to cover Our reasonable costs for doing this. If We are unable to recover the funds on Your behalf, We will, on receipt of a written request from You, provide You with all available relevant information for You to claim repayment of the funds at no extra cost.
You are required to provide Us with any additional information that We request regarding payment within two (2) Business Days of Our request. You consent to Us to share Your personal information, including Your full name, address, and account number (and any other details as are required to enable Us to comply with Our anti-money laundering procedures) on the payment details to be sent to the beneficiary’s bank or payment service provider to comply with anti-money laundering regulations.
You may revoke or cancel a payment instruction for a future outgoing payment transaction at any time prior to payment execution through the App. You are responsible for confirming via the App that a payment instruction has been received and processed by Us. We are not liable for any loss in circumstances where erroneous duplicate payment instructions are sent to Us by You.
If Pay10 receives a payment instruction by the Cut Off Time on a Business Day, Your payment instruction will be deemed to have been received by Us on that Business Day. If Your payment instruction is received after the Cut Off Time or on a day that is not a Business Day, Your payment instruction will be deemed to have been received on the next Business Day.
After the receipt of a payment instruction, We will provide You with:

After the receipt of a payment instruction, We will provide You with:
- a confirmation of the successful or unsuccessful initiation and execution of the payment instruction.
- a reference number to track the status of the payment instruction, including:
  - the date and amount of the payment instruction; and
  - information relating to the payee.
- the value of the payment instruction, any related fees, or charges, including the actual currency and conversion rates used, and withdrawal charges, where applicable; and
- the date on which We received the payment instruction.
We will ensure that all payment instructions that We send to You or third-party beneficiaries under Your instructions are accompanied by the information required in accordance with the CBB Guidelines.
You must notify Us by telephone or in writing as soon as is reasonably practicable after You become aware of any unauthorized or incorrectly executed payments. To claim a refund for an unauthorized or incorrectly executed payment transaction on Your Wallet Account You must notify Us without undue delay after becoming aware of the unauthorized or incorrect transaction. Pay10 will not be liable for incorrectly executed payments where You have failed to provide prompt notice of such matters. We will use reasonable efforts to recover the funds from the incorrect recipient of the funds and the recipient’s payment service provider.
Pay10 reserves the right to refuse Your payment instruction(s). For example, suppose You are in material breach of this Agreement, or We believe the payment to be unlawful. In these circumstances We shall notify You using Your supplied contact details, stating, wherever possible, the reasons for Our refusal and the procedure for rectifying any payment detail errors that led to the refusal, but We reserve the right to charge You a fee to cover Our reasonable costs for doing this. We are not obliged to notify You of Our refusal to execute the proposed transaction where We believe that such a notification would be unlawful.
Our Wallet Service permits You to authorize payments to merchants and billers directly. The actual payment will not be completed until the merchant or service provider processes Your payment authorization with Us. A merchant or service provider may delay processing Your authorization. The payment authorization will be held with Us until the transaction is completed.
You will comply with any technical and operational specifications provided or made available by Us with respect to the Wallet Service (the “Specifications”).
We may make modifications, updates, or upgrades to the Wallet Services and/or the Pay10 Materials.
You agree to pay all applicable fees whenever You use Our Service either directly with Us or Our Affiliates or through a Provider’s Application. Pay10 will notify You of the applicable fees from time to time but prior to You authorizing a payment transaction. All fees are within Pay10’s discretion. If You use Our Wallet Services through a Provider’s Application, You are only responsible for the fees associated with transactions that You authorize through that Application and for which the Provider notifies You that You are responsible when You register for or use the Application.
We reserve the right to change Our fees at any time. Fees are assessed against the amount of the transactions, including all applicable charges (e.g., taxes, etc.). All e-money and all fees, charges, and payments collected or paid through the Service are denominated in Bahraini Dinar (BHD). We will notify You of any changes to the fees at least thirty (30) days in advance of such changes coming into effect. If You do not agree to these changes, You can elect not to use the Wallet Services at Your convenience, and You may also terminate this Agreement without cost to You provided You tell us You wish to terminate before the end of the period, which is thirty (30) days from the date of the aforementioned notice.
To the extent permitted by law, We may set off, against Your balance in Your Wallet Account, or debit Your funding instrument for any obligation You owe Us under this Agreement, including without limitation any fees (“Deductions”). All Deductions are charged at the time We process a transaction and are deducted first from the transferred or collected funds and thereafter from Your Wallet Account’s balance. If You owe Us an amount that exceeds Your balance of Your Wallet Account, We may charge or debit the funding instrument, or You will pay Us the full amount of the outstanding Deductions upon receipt of Our invoice. You will be liable for and pay Us upon invoice all costs associated with collection in addition to the amount collected, including without limitation attorneys’ fees, court costs, collection agency fees, and any applicable penalty.
In the event there is an error in the processing of any transaction, You authorize Us to initiate debit or credit entries to Your Wallet Account to correct such error, provided that any such correction is made in accordance with applicable laws and regulations.
You are responsible for determining any, and all taxes and duties, including, without limitation, sales, use, transfer, value-added, withholding, and other taxes and/or duties assessed, incurred, or required to be collected, paid, or withheld for any reason in connection with any request for or performance or use of the Wallet Service, Your use of the App, the sale or purchase of any products or services, or otherwise in connection with any action, inaction, or omission by You or any affiliate of Yours, or any of Your or Their respective employees, agents, contractors, or representatives (“Taxes”). You also are responsible for collecting, withholding, reporting, and remitting correct Taxes to the appropriate tax authority. We and Our Affiliates are not obliged to determine whether Taxes apply and are not responsible for calculating, collecting, reporting, or remitting any Taxes to any tax authority arising from any transaction.

Beneficial Owner

You must be the beneficial owner of the Account and conduct activities only on behalf of Yourself.
You may not assign the use of the Pay10 App to anyone else. You agree and acknowledge, at Your full risk and liability, that You are the personal holder of the Wallet Account and, consequently, the primary holder of the debit/credit card(s) whose credentials may be necessary for payments using Pay10.
You shall not share any passwords, PIN codes, card details, IDs related to a transaction authorization or login to Pay10. You shall be liable for any such disclosure and for any losses sustained because of such disclosure or by any act of negligence. All transactions initiated by You from any payment instrument registered in the App are under Your liability.

Information

To open and maintain a Wallet Account, You must provide Us with Your correct and updated Information. You represent and warrant that: such information that You provide to Us, remains correct, valid, up to date, and no misrepresentation has been made by You.

Contact Information

It is Your responsibility to keep Your primary email address and mobile phone number up to date so that Pay10 can communicate with You electronically. You understand and agree that if Pay10 sends You an electronic communication, but You do not receive it because Your primary email address or mobile phone number on file is incorrect, out of date, blocked by Your service provider, or You are otherwise unable to receive electronic communications, Pay10 will be deemed to have provided the communication to You effectively. Please note that if You use a spam filter that blocks or re-routes emails from senders not listed in Your email address book, You must add Pay10 to Your email address book so that You will be able to view the communications We send to You. You can update Your primary email address, mobile phone number, or physical address at any time by logging into the App. If Your mobile number and/or email address becomes invalid such that electronic communications sent to You by Pay10 are returned, Pay10 may deem Your Wallet Account to be inactive, and You will not be able to conduct any activity using Your Pay10 Wallet Account until We receive a valid, working primary email address and mobile phone number from You.

Identity Verification

You agree to provide Pay10 with a copy of Your CPR. You authorize Pay10, directly or through third parties, to make any inquiries We consider necessary to validate Your identity.
While verifying Your identity, We may use third parties that use image processing technics and artificial intelligence to ensure that the CPR provided by You is valid, authentic and not forged. We may also use third parties that will capture Your portrait photos (selfies) to verify that You are alive and Your portrait photos match the photo on Your CPR.
While verifying Your identity, We may use the Electronic Know-Your-Client platform e-key 2.0 and designed to digitally authenticate, receive, and verify Your identity and information from the Information & eGovernment Authority (“IGA”) and others (CBB licensees) periodically to Pay10.
You agree that our Electronic Know-Your-Client platform e-key 2.0 will collect the following information as per CBB’s requirements when You request a financial service from Pay10:

Personal and ID Information
Contact Information
Account Details
Employment Details
Residency Information

You are aware that Your information will be retained by Pay10 for 5 years and might be shared with third parties within and outside Bahrain for the purposes of a regulatory requirement, cloud storage, statistics, and other reasons in line with applicable laws and regulations.

You have the right at any time to withdraw the consent provided. You understand that withdrawal of consent will only be applicable to future use of Your personal data and will not in any way impact the legitimate use of the personal information prior to the withdrawal of the consent.

For more details, You may refer to e-key 2.0 privacy policy, available on https://www.ekey.bh/bnaf-usermgmt/pages/Jbc0ZHxbnXmn5IkDvTXO6Q/Jbc1a

You confirm with Your full legal capacity that You have read the above and understood the purposes in which Pay10 collects and retains Your information and provide consent to our Electronic Know-Your-Client platform e-key 2.0 to process and transfer this information for eKYC purposes.
We may ask You for further information or documentation, requiring You to provide additional identification documents (such as passport, driving license, etc.), requiring You to take steps to confirm ownership of Your phone number and email address, or requiring You to provide proof of address.
We may verify Your information against third-party databases or through other sources.

We may reject opening Wallet Account in case We are not satisfied with the identity verification without an obligation to assign any reason for such refusal.

Updates To Information

You agree to provide Us with current, accurate, complete, and updated information. If Your information changes, You need to inform us immediately of any changes in Your information. We may also acquire the changes from Wathiq platform or other third parties and update Your information. Based on the information changes, We may decide to block Your Wallet Account.
If Your CPR validity expires or is about to expire, We will notify You and expect You to provide Us with a valid CPR. In case You fail to provide Us with a valid CPR, We may decide to block Your Wallet Account.

Sharing Information

You agree to permit access and share Your information with Our third-party suppliers to be able to provide You with Wallet Services.
You also agree that We may (or through Our Suppliers) analyze Your information for marketing purposes. You explicitly grant Us such rights when You use the App. You further accept to receive notifications from Us about Our products, Services and Promotions (offers).

Personal Information

Pay10 is the Data Controller of the Personal Information in connection with the provision of Wallet Services.
Pay10 may also act as a Data Processor of Personal Information in connection with the provision of Wallet Services.
The capture, processing, and retention of Personal Information by Pay10 is a mandatory requirement under applicable law in respect of the application for and usage of Wallet Services.
Personal Information submitted to Pay10 may be stored and processed by computerized or other means by Pay10 and or any third-party entity to which Pay10 elects to outsource data hosting or data processing aspects of the Wallet Services.
You are aware and provide Your consent that Your personal data provided to Pay10 may be disclosed and shared with Pay10’s affiliates, business partners and
other service providers that may be engaged in providing the services to You as a part of the Wallet Services.
You may at any time withdraw Your consent and request that Pay10 stop processing Your Personal Information by sending an email to info@Pay10.bh Upon the processing of such a request Pay10, as appropriate, shall immediately suspend access to Your Wallet Account.
You may at any time request that Pay10 provide access to or copies of Your Personal Information by sending an email to info@Pay10.bh. Upon processing of such a request Pay10, as appropriate, shall contact You to plan for such Personal Information to be provided in a secure and convenient format.

Suspending Wallet Account

We may temporarily suspend Your Wallet Account:
- if incorrect password and/or incorrect biometric identifications are used consecutively. If this happens, You can request assistance from our customer contact center at 800 100 10 to reset Your account and/or password;
- if We believe that there are fraudulent transactions involving Your Wallet Account;
- if requested by the CBB or any other regulator or law enforcement; or
- if We receive any information that prevents Us from providing Wallet Services to You.

Inactivity Of The Wallet Account (Dormancy)

If there has been no transaction initiated by You on Your Wallet Account for six (6) months or a period determined by Pay10 or the CBB, We will mark Your Wallet Account as dormant. You will not be able to use Your Wallet Account if Your Wallet Account status is marked dormant. To reactivate Your Wallet Account, You must satisfy the ‘know your customer’ (“KYC”) requirements. You may be required to provide additional and/or new identification (including other KYC related documents) to reactivate and gain access to Your Wallet Account.
If Your Wallet Account is marked as dormant, We reserve the right to prevent incoming electronic and manual transfers into Your Wallet Account.
If Your Wallet Account is dormant and its balance becomes zero, We will have the right to close Your Wallet Account within a period determined by Pay10 from the date of dormancy.
We will send You a notification before closing the Wallet Account by e-mail or through the App or other communication channels You have made available to Us.
Pay10’s promotional credits, which You may have earned, will automatically expire when Your Wallet Account becomes dormant or is closed.

WALLET ACCOUNT CLOSURE

You may close Your Wallet Account at any time by following the instructions in the App. Upon Wallet Account closure, We will cancel any pending transactions, and You will forfeit any balances unless otherwise legally prohibited. You must withdraw Your Available Balance prior to closing Your Wallet Account.
You may terminate this Agreement by notice to Pay10 via Our Customer Service Channels, but such termination shall only be effective once you cleared payment of all outstanding liabilities of Your Wallet Account to Pay10 in full.
The whole amount of any negative balance on the Wallet Account and any outstanding or applicable charges will become immediately due and payable in full to Pay10 on termination of this Agreement, the closure of Your Wallet Account or on the Wallet Account owner’s bankruptcy or death.
You will be responsible for settling any outstanding amounts on the Wallet Account and shall keep Pay10 indemnified against all costs, charges (including legal fees), and expenses incurred in recovering such outstanding amounts.
If there is a balance outstanding in favour of You on termination, after deducting all amounts that are payable by You whether by way of charges or otherwise, Pay10 shall pay such balance to You or enable collection by You from Pay10.
Pay10 may terminate this Agreement at any time by cancelling or refusing to provide the Wallet Services with or without prior notice and with or without cause.
You may not evade an investigation by closing Your Wallet Account. If You close Your Wallet Account while We are investigating, We may hold Your funds to protect Pay10, affiliates or a third party against the risk of reversals, chargeback, claims, fees, fines, penalties, and other liability. You will remain liable for all obligations related to Your Wallet Account even after the Wallet Account is closed.

Death And Bankruptcy Of Wallet Account Owner

Pay10 must be informed, in writing, upon the death, incapacity, dissolution, insolvency, or bankruptcy of the Wallet Account’s holder, and Pay10 shall not be held liable for any loss or damage, whether direct, indirect, or consequential, which may arise from any transactions that are affected prior to written notice having been received by Pay10 of such death or insolvency.
Upon receiving notice of the Wallet Account holder’s death or insolvency, Pay10 shall suspend the Wallet Services until such time as it is satisfied that a duly appointed successor or court-appointed officer has been legally empowered to deal with the Wallet Account or that the heirs of the deceased Wallet Account holder have established their rights to the estate of the deceased Wallet Account holder in accordance with applicable law.

PAY10 PRODUCTS AND SERVICES:

Product/service	Description
VIBAN:	Virtual IBAN linked to Wallet Account to facilitate inward and outward bank account transfers.
REMITTANCES:	International remittance to send money online to cross border destinations.
PEER TO PEER:	Option to send money to other Pay10 Wallet Accounts.
BANK TRANSFERS:	Option to transfer funds to bank accounts in Bahrain using Virtual IBAN .
BILL PAYMENT:	Option to pay bills to telecom companies, utility providers, schools, etc.
QR PAYMENT:	Option to pay for goods and services provided by merchants by scanning a specifically designed QR code that identifies merchants.
PAYROLL:	Option to receive a salary from the employer in line with the rules and regulations of the Wages Protection System.
OTHER:	Pay10 may introduce other products and/or services, from time to time and will update these provisions accordingly.

Pay10 also offers other supporting services that allow Wallet Account holder to update personal information (phone, email, device, PIN), see transaction history, get support, refer Pay10 to a friend, see QR POS locations, explore offers and promotions, and close Wallet Account. Pay10 may launch new products and services from time to time to enhance the usability and security of Pay10.

Digital Wallet

Payments

Terms of Service

USER TERMS OF SERVICE AGREEMENT

Table of Contents

1.DEFINITIONS

2.TERM

3.LEGAL

4.USE OF PAY10 SERVICES

4.4 Pay10 Services Grant to You

4.5 Data License Grant by You to Pay10

4.6 Support of Pay10 Services

5.DATA (SECURITY, COLLECTION, TRANSFER AND RETENTION) AND CREDENTIALS

5.1 Use and Sharing of Your Data

5.2 Your Duties Towards Data Security

5.3 Your Username and Password Credentials

5.4 REJECTION

5.5 REFUND

6. INTELLECTUAL PROPERTY

7. TERMINATION

7.1 Termination by You

7.2 Termination by Pay10

7.3 Effect of Termination and Survival

7.4 Unclaimed Balance

8. CONFIDENTIALITY AND NONDISCLOSURE

8.1 Use of Confidential Information

8.2 Exclusions

8.3 Return of Confidential Information

8.4 Injunctive Relief

9. REPRESENTATIONS AND WARRANTIES

9.1 Mutual Representations and Warranties

9.2 Your Representations and Warranties

9.3 Mutual Representations and Warranties

9.4 Warranty Disclaimer

10. LIMITATION OF LIABILITY

10.1 Pay10 disclaimers

10.2 Pay10 Limitation of Liability

11. INDEMNIFICATION

12. GENERAL PROVISIONS

Non-exclusivity

12.2 Notices

12.3 Assignment

12.4 Waiver

12.5 Severability and Headings

12.6 Force Majeure

12.7 Governing Law and Jurisdiction

12.8 Entire Agreement

12.9 Survival

12.10 Complaints

Appendix(1)

1.1 Pay10 Wallet Services

1.1 Pay10 Wallet Services

Wallet Services

Beneficial Owner

Information

Contact Information

Identity Verification

Updates To Information

Sharing Information

Personal Information

Suspending Wallet Account

Inactivity Of The Wallet Account (Dormancy)

WALLET ACCOUNT CLOSURE

Death And Bankruptcy Of Wallet Account Owner

PAY10 PRODUCTS AND SERVICES: