BEYON Money
Questions? +971 4 439 7600 · hello.uae@beyonmoney.ae

BATELCO FINANCIAL SERVICES LTD

Terms & Conditions

Please review these terms carefully. They govern your access to and use of the Beyon Money services available through the App, and form a legally binding agreement between you and Batelco Financial Services LTD.

Date published: December 2023 · Date of effect: March 2024

Why this information is important

The terms and conditions set out in this Agreement, as amended from time to time by us, Beyon Money (as defined below), at our discretion and apply to you and your use and access of certain services made available by Beyon Money through the App.

This Agreement is between:

By signing up for the services and/or using the App, you are accepting and agreeing to be bound by the Agreement. We provide our services to you through the App. We may provide information and/or our services in other ways too, like through web pages. Our Agreement applies whenever and however you access our services or other information. You can at any time, and at no cost, stop using the App by deleting it.

This Agreement, along with the Privacy Policy, and any other terms and conditions that apply to our services, form a legal agreement (the “Agreement”) between you and Beyon Money.

About us

Beyon Money is a trademark of Batelco Financial Services LTD licensed by the Abu Dhabi Global Market (ADGM) Financial Services Regulatory Authority (FSRA), authorized to conduct the Regulated Activities of providing Money Services and providing Third Party Services. Powered by Batelco Financial Services, Beyon Money is your intelligent financial partner. Our adaptive intelligence ensures fast, secure international transfers to cash, banks, or digital wallets. We transcend borders, linking regional and international financial institutions, setting a new fintech standard in the region. We are a company incorporated in the ADGM with registered office at Offices No. 101, 102, 103, 11th Floor, Al Sarab Tower, ADGM Square, Al Maryah Island, Abu Dhabi, United Arab Emirates (registration number 000007581).

The best way to contact us is by phone at +971 4 439 7600 or email (hello.uae@beyonmoney.ae). Please see the “Support” section of the App or the “Contact Us” section of our website for more details.

A. Interpretation and definitions

Interpretation — The terms defined in section (A. Interpretations and Definitions) of this Agreement have the meanings therein for the purposes of this Agreement. For all other capitalized words that are used in this Agreement that are not defined in Clause 2 of section A, those words are in bold and are as defined the first time they are used.

Definitions

“App” means the application developed by Beyon Money for the provision of the Services;

“ADGM Rules” means each of the modules of the ADGM rulebook applicable to (a) this Agreement; and (b) your use of the App and/or the Services;

“Beyon Money” or “Beyon” shall mean Batelco Financial Services LTD, an ADGM incorporated entity with its registered address at Offices 101, 102 and 103, 11th Floor, Al Sarab Tower, ADGM Square, Al Maryah Island, Abu Dhabi, United Arab Emirates and is regulated by FSRA under registration number 000007581, licensed to providing Money Services and Third Party Service activities;

“Business Day(s)” means a day which is not a Friday, Saturday, Sunday or a public holiday in the United Arab Emirates;

“Credentials” means your username and passwords (including but not limited to any PIN);

“Destination Country” means the country in which the Recipient receives money through the Service;

“Device” means the device, such as mobile handsets, tablets or any other applicable device, on which you will download the App;

“Force Majeure Event” means any event beyond the reasonable control of the parties. Such events include but are not limited to acts of God, fire, acts of terrorism, natural disasters, infectious diseases, war, civil commotion, embargo, labour dispute, prevention from obtaining raw materials, power failure, acts of government.

“Intellectual Property Rights” means copyright (including rights in computer software), patents, source code, trademarks, trade names, service marks, logos, business name (including Internet domain names), design rights, database rights, semi-conductor topography rights, rights in undisclosed or confidential information (such as know-how, trade secrets and inventions (whether patentable or not)) and all other intellectual property or similar proprietary rights of whatever nature (whether registered or not including applications to register or rights to apply for registration) which may now or in the future subsist anywhere in the world;

“International Transfer Service” means the feature of the Services which allow you to remit money internationally to a receiver in cash or directly in its bank account;

“Partners” means third parties associated with Beyon Money who provide complimentary services to the Services or (b) promote their services on the App;

“Payment Instruction” means a specific instruction from you requesting us to affect a Transfer.

“Payment Method” means a valid instrument of payment used to initiate a Payment Instruction, such as UAE issued Credit and Debit Cards.

“Payment Services” means the provision of the remittance service enabling you to make Transfers.

“Recipient” means an individual who receives money into an account or by way of cash-pick up, mobile money or similar services, in each case provided by a Service Provider pursuant to a Payment Instruction.

“Regulation(s)” means the regulations applicable to the Services including, but not limited to, the Applicable Laws of the ADGM and the United Arab Emirates, the Anti-Money Laundering regulations and Sanction Programs maintained by the United Nations Security Council, the US Government (e.g., the US Department of Treasury’s Specially Designated Nationals list and Foreign Sanctions Evaders list and the US Department of Commerce’s Entity List), the European Union or its member states, or other applicable government authority.

“Security Details” means the security credentials associated with your account with us, including your password and any other login information that we may choose to accept from time to time (including biometric information).

“Sender” means someone who uses the Services to send money.

“Service” and/or “Services” means any of the service(s) provided by Beyon Money pursuant to this Agreement and in compliance with the terms of the Licenses;

“Service Fee” means our fee for the delivery of the relevant Service(s) (which may vary, for example, depending on the destination of the Sender and the Recipient and the amount of the Transfer), which will be presented to you before paying for a Service.

“Service Provider” means a local bank, mobile network operator, or other third-party service provider in a Destination Country which provides an account, cash pick-up, cash delivery, mobile wallet or similar services to a Recipient.

“Transfer” means the relevant transfer of money through the Payment Services.

“Transfer History” means the record of your Transfers on our App, which you may access using your email and password registration details.

B. General Terms and Conditions

1. Using the Services

1.1 The Services allow you to send international remittances to Recipients.

1.2 To register for the Services, download the App (e.g. from the Apple App Store or Google Play) and follow the instructions.

1.3 Once you have registered for the Services and have logged into the App, you can:

1.4 For security reasons, we may require you to re-enter your Security Details or otherwise confirm your identity to finalize Payment Instructions or access certain functions in the App.

1.5 Updates to the App may be issued through App Store or Google Play. Depending on the update, you may not be able to use our Services via the App until you have downloaded the latest version of the App.

2. Your Obligations

2.1 You must be twenty one (21) years old to use the Services.

2.2 We are required by law to carry out security and customer due diligence checks on you (and other parties for example, the Recipient) in order to provide our Services. We may verify your residential address and personal details including UAEPASS to confirm your identity. We may also need to verify the identity of a Recipient in the same way. All information provided by you will be treated securely and strictly in accordance with our Privacy Policy. You agree:

2.3 You consent to us processing, transmitting, and using your personal data for the purposes of providing the Services. Please see our data privacy policy for further information regarding the processing of your data.

2.4 To contact us quickly, use the details in the “Support” section of the App and/or the “Contact us” section of our website. Any delay in telling us affects the security of your account and data (including your Payment Method) and you remain solely responsible for any losses you may incur (including but not limited to financial losses) incurred due to such delay.

3. Payment Services

3.1 To make Payment Instructions on the App, you must:

3.2 We may, in our sole discretion, choose whether or not to accept the offer to process that Transfer. You agree and accept that we shall not be liable for any losses (in any form or kind) due to or associated with our decision to accept or reject to process the Transfer. When you submit a Payment Instruction, you request that we process the Transfer on your behalf and consent to the execution of the Transfer.

3.3 When you initiate a Payment Instruction, we will provide you with disclosures notifying you of the Service Fee to be charged (if any), any applicable taxes to be charged by us, and the applicable exchange rate you will receive. The exact amount received by Recipient may be less due to fees charged by Recipient’s Service Provider.

3.4 When you click “Send” on the confirmation page, you authorize us to debit your Payment Method for the amount of the Transfer, any applicable taxes to be charged by us and any Service Fee.

3.5 You must make sure all the details are accurate before submission. Incorrect details may result in the intended Recipient not receiving the funds and we may not be able to retrieve such funds from the unintended recipient. You agree that Beyon Money cannot be held liable for damages in relation to the provision of any incorrect information when processing the Transfer.

3.6 Once you click “Send”, we receive your Payment Instruction and will start to execute the Transfer immediately. You will not be able to cancel, change or modify the Transfer.

3.7 Notwithstanding if such instructions are received during or outside of our business hours, we will treat Payment Instruction as received at the time you confirm the Payment Instruction. The period after which the Recipient’s Service Provider receives the Transfer depends on the currency and Destination Country of the Transfer. Payment practices will vary depending on the Destination Country — for more information on when payment will be credited to the Recipient’s account you will need to contact that Service Provider. While our Payment Service is generally able to send Transfers promptly, the Recipient’s Service Provider will receive the money, at the latest, within seven (7) calendar days from us accepting the Payment Instruction. If your Transfer is not completed within the period detailed above, you may contact us in accordance with Clause 13.

3.8 Transfer periods may extend beyond any timelines detailed under this Agreement and/or as listed in our App in the event that the Recipient’s Service Provider needs to undertake enhanced anti-money laundering checks on the Transfer. Delivery times quoted on our website, our App (or elsewhere) are representative for the normal and/or average times required for delivery of a Transfer and are not a guarantee of any individual Transfer time.

3.9 We will provide you with reasonable Transfer details after our acceptance of a Payment Instruction to enable you to identify the Transfer, which shall include:

3.10 If you have made a Transfer for cash pick-up and the cash is not collected by the Recipient within thirty (30) days from when it was first made available, we reserve the right, at our sole discretion, to cancel the Transfer and refund the amounts to the Payment Method used.

4. Device

In order to download the App, your Device should (i) be capable of accessing the internet, (ii) be compatible with iOS 13 or later and Android 6.0 or later, and (iii) not have unlocked the Device in contravention of the Device manufacturer’s or your telecom supplier’s policies. We may update the technical specifications required to use the App at our discretion. You agree to ensure that your Device is updated to meet those technical specifications to continue using the App. Beyon Money reserves the right to suspend or terminate your access to the Services and/or App should you be in breach of the terms of this Clause.

5. Credentials & Security Obligations

5.1 Use of Credentials

5.1.1 To access the Services via the App, you must use your personal login details which may include a username, password, PIN, passcode, or biometric identification (such as face ID) (the “Credentials”).

5.1.2 You may also be required to answer a security question or enter a one-time passcode sent by email or SMS.

5.2 Legal Effect of Instructions

5.2.1 You agree that Beyon Money may accept and act upon any instructions provided to us through the App when your Credentials have been used to access the App, whether or not it is you who accessed the App.

5.2.2 You agree that electronic display pages accessed by entering your Credentials constitute written documents and that clicking or otherwise electronically activating “OK”, “submit”, “continue”, “approve”, or similar areas of such pages according to on-screen instructions or otherwise submitting instructions electronically shall have the same legal effect as if you had signed by hand and delivered hard copy versions of such pages to Beyon Money with intent to be legally bound by their contents.

5.2.3 You agree that once such instructions are clicked or submitted, Beyon Money shall have no obligation to reverse them.

5.3 Your Responsibilities to Protect Credentials

You must take all reasonable steps to keep your Credentials and account secure, including:

5.4 Compromised Credentials

5.4.1 You must notify Beyon Money immediately if you suspect your Credentials have been lost, stolen, compromised, or used without your authorization.

5.4.2 Once notified, Beyon Money will suspend or block your access until the issue is resolved.

5.4.3 You will not be liable for fraudulent or unauthorized transactions after notification, except where attributable to your negligence, bad faith, or fraud.

5.5 Limitations of Liability

5.5.1 Beyon Money is not responsible for misuse of your Credentials, hacking, identity fraud, or use of your device(s) if lost, stolen, or hacked, where you failed to follow these obligations.

5.5.2 All use of the App and Services with your Credentials will be treated as if conducted by you until you notify Beyon Money of a compromise.

6. Compliance

6.1 You agree that neither the App nor the Services will be used for illegal, fraudulent or unethical purposes or for purposes which could affect the security or integrity of the App, the Services, other Beyon Money users or customers or any other Beyon Money systems, hardware or software.

6.2 Beyon Money reserves the right to deny/restrict access to the App, or some or all of the Services under certain circumstances, or to reject any transaction in the following cases:

6.3 We are not liable for any losses and/or damages (direct or indirect, including but not limited to loss of profits, loss of business, or any indirect, consequential, special or punitive losses) incurred due to any denial/restriction to the App and/or the Services by us due to any of the reasons detailed in this Clause.

6.4 If you request reinstatement of access to the App or any of the Services, Beyon Money may require that you take certain steps or comply with any Beyon Money’s requirements, before Beyon Money may permit access (such steps may include the update of the security software on your Device). Such steps may include, but are not limited to, starting the onboarding process again and providing additional and/or new identification.

7. Limits

7.1 Any authorization of any transaction shall be subject to the availability of funds in your Payment Instrument. Beyon Money may refuse to honour any payment and/or funds transfer request if there are insufficient funds in your connected Payment Method.

7.2 Beyon Money may impose limits on the amount of money you use or number of transactions that you may execute in a period of time.

7.3 Beyon Money may also introduce new or amended limits to transactions to enhance security of its customers as well as comply with regulatory requirements including requirements relating to preventing and combatting money laundering and financing of terrorist organizations.

8. Fees

8.1 You agree to pay the fees that may be applicable to your use of the Services.

8.2 You agree that in some cases, the transaction amount will also include fees, charges and value added tax (VAT) payable on such transaction and it is your responsibility prior to approving the processing of a transaction to review the amount(s) of such transaction.

8.3 Beyon Money reserves the right to amend or change any fee or charge applicable to the Services at any time; such amendments and changes shall be displayed on the App or website.

8.4 The user is solely responsible for keeping up to date with any changes in fees and charges. Beyon Money will not be liable for any losses, costs, damages or any other form of damage caused by its changes to fees or charges.

8.5 We may set off any amounts you owe us from the amounts available in your Payment Method, be it fees or charges detailed above, detailed elsewhere in this Agreement or otherwise associated with the Services.

8.6 You are responsible for the payment of all taxes and duties (the “Taxes”) associated with your use of the Services including but not limited to sales, use, transfer, VAT, withholding and any other Taxes in any other form.

9. International Remittance and Transfer Service

The terms and conditions of this Clause are applicable to your use of the International Transfer Service and are in addition to and not in derogation of the other terms of this Agreement.

9.1 General

9.1.1 The International Transfer Service allows you to transfer money. Beyon Money recommends that you use the International Transfer Service only to send money to people you know personally, such as family and friends. You should never use the Beyon International Transfer Service to send requests or money to strangers.

9.1.2 You will be able to transfer funds from your UAE issued Cards with the International Transfer Service.

9.1.3 You understand that the International Transfer Service may not be possible in certain countries due to certain Applicable Laws and Regulations.

9.1.4 You will bear all the costs associated with the International Transfer Service, such costs shall include without limitation administration fees, limitation fees, charges, Taxes imposed by the authorities of the country where the funds are transferred, exchange fees and transfer fees (the “Costs”). When practicable, we will share with you the breakdown of the Costs prior to completing a transaction keeping in mind that it is not always possible to calculate the Costs in advance.

9.1.5 The Transfer will usually be made in the currency of the destination country at the prevailing rate determined by Beyon Money from time to time. The currency will be converted at the time of the Transfer and the recipient will receive the foreign currency amount shown on the transaction page. In some countries, local regulations require the currency to be converted at the time the receiver is paid, in which case the exchange rate fluctuations between the time of the Transfer and the time the receiver collects the funds may vary.

9.1.6 In some other countries, payments in multiple currencies are permitted, in which case you must select the currency of the payment to the receiver when processing the transfer.

9.1.7 Beyon Money is not responsible for the currency exchange rate that will be applied if the recipient chooses to receive a currency other than the currency you selected.

9.1.8 The International Transfer Service will also allow you to make international transfer to the bank account of the receiver, in which case, in addition to the Costs, you will be liable for any additional fees when the currency of the transfer is different from the local currency, or when the local regulations impose that the conversion is made at the time the receiver receives the payment. The exchange rate applied in this situation may be less beneficial than those rates publicized and used between banks. Beyon Money is not liable for any difference between the rate publicized and the rate received.

9.2 Refunds

9.2.1 In the event the Transfer cannot be credited within forty-five (45) days because such transfer is restricted by Applicable Laws and Regulations, or a transfer exceeds the limits placed by Beyon Money or any other authority, Beyon Money and its remittance correspondents will refund the principal transfer amount to your Bank Account.

9.2.2 Notwithstanding any of the above, Beyon Money shall not be obliged to refund you in any of the following circumstances:

9.2.3 If you are entitled to a refund, Beyon Money will credit the principal amount back to you in the same currency in which the request was made under.

9.2.4 In the event the Transfer cannot be credited because Beyon Money considers such transaction to be fraudulent or otherwise illegal in nature, you shall not be refunded any of the principal transfer amount or any associated fees.

10. Right to Delay and Refuse

10.1 Beyon Money shall not incur any liability and may refuse any attempted Transfer, refuse to process any Transfer, or delay processing any such Transfer, at any time for any of the reasons mentioned in these terms and conditions in addition to the following:

10.2 Beyon Money can charge a fee for refusing any payment or Instruction. Where such a fee applies, it will be set out in the App.

10.3 You agree that Beyon Money and its remittance correspondents cannot be held liable for damages in relation to (i) the provision of any incorrect information when processing the Transfer, (ii) any delay in the processing of the Transfer initiated through the International Transfer Service, and resulting without limitation from events such as the transaction exceeding the authorized amount transfer or is restricted pursuant to any allowed per Applicable Laws and Regulations, nor for (iii) a failure to complete the Transfer whether caused by the gross negligence of Beyon Money and remittance correspondents’ employees, agents or representative except for the refund of the principal amount of the Transfer.

10.4 In the event that the processing of a transfer is delayed for any reason beyond the control of Beyon Money, the Transfer shall be executed on the date it is actually processed by Beyon Money. The applicable exchange rate, fees, and charges shall be those in effect on the date of execution, regardless of the date on which the Transfer instruction was originally submitted or confirmed. Beyon Money shall not be liable for any loss or difference in value resulting from such delays.

11. Complaints

11.1 If you have a complaint related to your use of the Service, please contact us using the communication method set out in Clause 14 (Notifications). We will acknowledge receiving your complaint within five (5) Business Days of receipt of the complaint and shall provide you with:

11.2 We will do our best to resolve your complaint as soon as possible, and to send you a final response by email within fifteen (15) Business Days of receiving the complaint. If, in exceptional circumstances, for reasons beyond our control, we need more time to respond, we will send you an email within fifteen (15) Business Days of receiving your complaint to let you know the reasons for the delay and when you will receive our final response (the “Extension Email”). The final response will be no later than thirty-five (35) Business Days from the date of the Extension Email.

11.3 If you are unhappy with our final response, you may be entitled to refer your complaint to an external dispute resolution scheme, by initiating arbitration or through the ADGM courts. We will provide details of your rights in our final response to your complaint.

12. Electronic Communications

12.1 You acknowledge that this Agreement is entered into electronically, and that the following categories of information (“Communications”) may be provided by electronic means:

12.2 The Services do not allow for Communications to be provided in paper format or through other non-electronic means. You may withdraw your consent to receive Communications electronically, but if you do, your use of the Services will be terminated. To withdraw your consent, you must contact us by email.

12.3 Copy of Agreement: This Agreement is available for you to review at any time via the App or on our website.

12.4 Transfer History: You may also download Transfer History from the App for your own records.

13. Term and Termination

13.1 This Agreement shall become binding once you select “Accept” and shall continue unless terminated pursuant to this Clause. You agree that the commencement date of each individual Service is contingent upon Beyon Money accepting the relevant registration for each individual Service.

13.2 You may terminate this Agreement at any time after notifying Beyon Money in accordance with this Clause and Clause 14 and the termination by you of a specific Service shall not affect the validity of this Agreement with regards to the remaining Services.

13.3 Your termination of the Agreement shall only be effective after you settle all amounts, charges, and other fees that are due to Beyon Money under the Services that you have subscribed to.

13.4 Beyon Money reserves the right to terminate or suspend in whole or in part this Agreement in any of the following cases:

13.5 Beyon Money may, at its sole discretion, reinstate the Services if it is satisfied that you have rectified any breach of this Agreement or the reason for the initial suspension of the Service no longer applies.

14. Notifications — Resolving disputes and complaints

14.1 Notification relating to a transaction (refund or incorrect executed payment transaction):

hello.uae@beyonmoney.ae

14.2 Notification to report any fraudulent/unauthorized use of the Services, suspect transaction, compromised Credentials, Device stolen/missing/lost:

hello.uae@beyonmoney.ae

14.3 Technical assistance:

hello.uae@beyonmoney.ae

14.4 General Notification:

hello.uae@beyonmoney.ae

14.5 Complaints:

complaints.uae@beyonmoney.ae

14.6 Dispute Fees and Indemnity — Any dispute raised by you shall be subject to the investigation process and fees notified to you by the Beyon Money agents when raising such dispute. You expressly agree to indemnify Beyon Money for all the fees it may incur when raising the dispute.

14.7 Additional Information — You may also contact us through our website: www.beyonmoney.com.

15. Protection of Personal Information

15.1 You acknowledge and expressly agree to Beyon Money collecting personal information about you. Such information may be collected from you and others or generated within our network when you or anyone else uses the Services or any other service.

15.2 You acknowledge and expressly consent to Beyon Money using your information for any lawful purpose including providing you with the Services, account management, billing, debt collection, credit assessments, directory purposes, market research, customer profiling, product and service development, marketing and customer care.

15.3 Your customer information may be retained for a reasonable period of time in a secure environment. You acknowledge that calls to our customer care centre may be recorded for training and quality control purposes.

15.4 You acknowledge and expressly consent to Beyon Money disclosing your information to third parties (such as to our agents, credit agents and other carriers) for purposes including credit referencing, fraud detection and prevention, debt collection, investigating insurance claims, directory purposes, for any reason required by law and for any other lawful purpose.

15.5 You may ask to see your account information and any other information that we hold about you and ask for any details that are wrong to be corrected. We reserve the right to refuse such a request where we are unable to verify that the person requesting the information is in fact you or a person authorized by you. We shall not be liable for the disclosure or non-disclosure of such information or for any inaccuracy or lack of completeness of any information disclosed.

15.6 For more information, please refer to our data privacy policy.

15.7 When you are required in the process of registration to a Service to operate a biometric (face ID) identification (eKYC), you understand that such identification is performed by the know your client (eKYC) platform designed to authenticate, receive and verify your identity and information from the financial institutions, financial service providers and approved entities by the UAE authorities on the following information:

15.8 You agree that your information will be retained for five (5) years (or, if required under the Applicable Law, for longer periods) and might be shared with third parties within and outside the UAE for the purposes of regulatory requirement, cloud storage, statistics and others. You confirm that you have read the above and fully understood the purposes for which we retain your information, and provide your consent to us to collect, retain, process, update, disclose and transfer this information for eKYC purposes.

15.9 Our use of the information detailed in this Clause shall at all times be in accordance with the ADGM Data Protection Regulations 2021.

16. Warranties

16.1 You represent and warrant that:

16.2 Beyon Money cannot guarantee that the Service will be free from faults and interruptions which arise from factors which are outside Beyon Money’s control, whether as a result of network performance, third party interference or otherwise. You accept that you may not be able to receive the Services where certain technical restrictions arise, although Beyon Money shall use reasonable endeavours to keep any disruption to the provision of the Service in such circumstances to a minimum.

16.3 Save as expressly provided in this Agreement and to the extent permissible under the Applicable Law and Regulations, all warranties, terms and conditions (whether implied by common law, statute, custom or otherwise) regarding the Services and/or the App are hereby excluded.

16.4 We do not warrant that the use and operation of the App or the Services is or will be secure, timely, accurate, complete, uninterrupted, without errors or free of viruses, defects, or other harmful components or other program limitations and/or make any representation regarding the use, inability to use or operate, or the results of the use of the App or the Services available thereon.

16.5 The content available on the App or the Services should not be used as a basis for making business decisions nor should it be regarded by you as a substitute for specific professional advice. Beyon Money makes no warranties or representations to you as to the accuracy, authenticity or completeness of the content on the App or the Services, which is subject to change at any time. For the avoidance of doubt, this also includes any content which is not owned nor operated by Beyon but by our partners instead.

16.6 The Services are provided “as is” without warranty of any kind, either expressed or implied, including but not limited to, the implied warranties of merchantability and fitness for a particular purpose.

17. Liability

17.1 Beyon Money will not be liable for failure to provide the Services caused by a Force Majeure Event.

17.2 Beyon Money does not in any way exclude or limit its liability for:

17.3 Subject always to Clause 17.2, Beyon Money shall not have any liability to you in respect of your use of the Services which is not in accordance with this Agreement.

17.4 Subject always to Clause 17.2, Beyon Money shall not be liable to you, whether in contract, tort or otherwise arising out of this contract for (i) any loss of profits, revenue, anticipated savings, loss or corruption of data, loss of contract or opportunity or loss of goodwill; or (ii) any indirect or consequential loss of whatever nature, which could be described as indirect or consequential and whether or not reasonably foreseeable, reasonably contemplatable, or actually contemplated by the parties at the time of the commencement of the Services.

17.5 Beyon Money shall under no circumstances be liable for any losses or damage incurred by you due to:

17.6 You remain wholly liable for all amounts payable by you in relation to the Services. Beyon Money shall have the right to take necessary actions to recover any amounts owed by you to us. You will be liable to pay us upon claim all amounts associated with the collection including but not limited to legal fees, court costs and collection agency fees.

17.7 Reference to any specific product, process, services by trade name, trademark, manufacturer or otherwise does not constitute or imply endorsement, recommendation or favour by Beyon Money. You remain wholly liable for your actions and we explicitly reject any indication that such actions were due to an endorsement, favour or recommendation by us.

17.8 Beyon Money shall have no liability beyond the repayment of the principal amount of the Transfer under this Agreement with regards to the use and/or any failure by Beyon Money under the Beyon International Transfer Service.

17.9 Except where (and to the extent that) the Applicable Laws and Regulations say otherwise, you agree that Beyon Money and its remittance correspondents cannot be held liable for damages (including but not limited to special and/or consequential damages) of any kind resulting from or caused by:

18. Indemnity

18.1 You agree to indemnify, defend and hold Beyon Money harmless absolutely from and against all costs, losses, claims, damages and expenses (including without limitation any legal costs) of any kind whatsoever, whether foreseeable or not, that may be suffered by Beyon Money as a result of your use of the Services (or anyone using the Service with your permission), which are brought or threatened against us by a third party where you are at fault.

18.2 You will indemnify, defend and hold harmless us, our affiliates and our Partners (and their respective employees, directors, agents and representatives) from and against any and all claims, costs, actions, suits, or demands and any related losses, damages, liabilities, judgments, tax assessments, penalties, interest, and expenses (including without limitation reasonable attorneys’ fees) arising out of any claim, action, audit, investigation, inquiry, or other proceeding instituted by a person or entity that arises out of or relates to:

19. Intellectual Property Rights

19.1 The Services will contain certain software to enable you to use or have full access to certain features of the Service.

19.2 Beyon Money and its Partners retains title to and ownership of all their Intellectual Property Rights in the App, the Service(s) and/or their respective services and nothing in this Agreement shall operate as a transfer or license to you of the same. You agree not to do anything to limit, interfere with, or otherwise jeopardise in any manner such rights, title and interest.

19.3 Beyon Money also retains ownership of all Beyon Money Intellectual Property Rights. In the case of third-party software delivered by Batelco to the Services, the applicable third party retains title to and ownership of its software, copyrights and trademarks.

19.4 Any attempt to disassemble, decompile, create derivative works or reverse engineer, modify, sublicense, reproduce, copy, distribute or use for other purposes either the Services or its software is strictly prohibited.

20. Miscellaneous

20.1 Beyon Money reserves the right to amend this Agreement at any time. If Beyon Money makes any amendments it will inform you of such changes either by posting the changes on its website, on the App or by other means as Beyon Money sees fit. You agree that your continued use of the Service after any amendments to the Agreement shall be evidence of your intention to be bound by the Agreement as amended in accordance with this Clause 20.1.

20.2 Nothing in this Agreement creates a joint venture, partnership or any employment relationship between Beyon Money and you and nothing in this Agreement makes one party the agent of the other. Unless otherwise agreed in this Agreement, neither Party is authorized or empowered to act as agent for the other for any purpose and neither party may, on behalf of the other, enter into any contract, warranty or representation as to any matter.

20.3 You may not assign or otherwise dispose of any of your rights or obligations under this Agreement. You agree that Beyon Money may assign their rights and obligations under this Agreement.

20.4 No failure of either party to exercise, and no delay by it in exercising, any right, power or remedy in connection with this Agreement (each a “Right”) shall operate as a waiver of that Right, nor shall any single or partial exercise of any Right preclude any other from further exercise of that Right or the exercise of any other Right.

20.5 If any provision in this Agreement shall be held to be illegal, invalid or unenforceable, in whole or in part, the provision shall apply with whatever deletion or modification is necessary so that the provision is legal, valid and enforceable and gives effect to the commercial intention of the Parties. To the extent it is not possible to delete or modify the provision, in whole or in part, under this Clause, then such provision or part of it shall, to the extent that it is illegal, invalid or unenforceable, be deemed not to form part of this Agreement and the legality, validity and enforceability of the remainder of this Agreement shall not be affected.

20.6 Beyon Money will not be responsible for its failure to perform all or any of its duties arising under this Agreement in case of a Force Majeure Event.

20.7 Beyon Money reserves the right to modify, correct, amend, enhance, improve, make any other changes to, or discontinue, temporarily or permanently any of the Services (or any part thereof, including but not limited to the content) with sufficient notice as per regulatory requirements, at any time. In addition, you hereby acknowledge that the content provided under the Services may be changed, extended in terms of content and form or removed at any time with sufficient notice as per regulatory requirements notice to you. You agree that we shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Services (or any part thereof). You hereby agree that we are not responsible for any errors or malfunctions that may occur in connection with the performance of such changes, modifications, enhancements or improvements.

20.8 This Agreement constitutes the entire agreement between you and us with respect to the subject of this Agreement and (to the extent permissible by law) supersedes all prior representations or oral or written agreements between you and us with respect to that subject matter, provided that neither of us is attempting to exclude any liability for fraudulent statements (including fraudulent pre-contractual misrepresentations on which the other Party can be shown to have relied).

20.9 The laws of the ADGM apply to this Agreement. Both parties shall submit to the exclusive jurisdiction of the ADGM. Each party waives (and agrees not to raise) any objection, on the ground of forum non conveniens or on any other ground, to the taking of proceedings in the courts of the ADGM. Each party also agrees that a judgment against it in proceedings brought in the ADGM shall be conclusive and binding upon it and may be enforced in any other jurisdiction.