Terms and conditions MOOLA Cards
Commercial Cards are issued in accordance with these commercial card terms and conditions ("Terms and Conditions") and are the property of Moola solutions Financial Technology company.
- Definition
Capitalized terms used in these Terms and Conditions shall have the following meanings:
ATM: means Automated Teller Machine.
Moola Company: is an All-in-one Spend management platform and corporate cards that streamline financial processes and improve efficiency for companies, ultimately leading to cost savings and better financial management.
Billing Currency: means the currency in which the Moola bills Card Transactions to the Commercial Card Account.
Business Day: means a day on which Moola are open for general business in the Kingdom of Saudi Arabia
Cardholder: means the holder or designated user of an eligible Commercial Card issued by Moola as instructed by the Customer or the Customer itself.
Card Limit: means the maximum debit balance permitted in respect of each Commercial Card
Card Security Details: means the Commercial Card number, the PINS, any internet password, internet identity number and any user ID.
Card Transaction: means any purchases of goods and/or services, and of all Cash Advances or fees and charges.
Commercial Cards: means all or any type of commercial cards issued by the Moola to a Cardholder as per instructions by a customer.
Commercial Card Portal: means the online system and mobile application provided to Customers as further described in the Product Guide
Customer: means the name of the customer’s entity/company as applicant of Commercial Cards
Commercial Card Features: means any general product benefit (including but not limited to, travel benefits, insurance special offers, and promotions) the Moola offers, or makes available, to the Cardholder from time to time in conjunction with the Cardholder's use of a Commercial Card
Conditions of Use means any instructions issued by the Moola from time to time applicable to the use of a relevant Com metrical Card, to each Cardholder to whom a card is issued.
Foreign Currency Transaction: means any transaction in a currency other than the Billing Currency, unless the Cardholder agrees that the currency conversion is done at the point of sale or withdrawal and agrees the rate at that time.
PIN: means personal identification number issued with each
Product Guide: means any marketing materials, supple mental guide or any other documents which may be issued by the Moola relating to Commercial Cards including the Commercial Cards Portal and mobile application.
SAMA: means the Saudi Central Bank and any successor forum.
Schedule of Fees: means the Moola’s schedule of charges and fees attached hereto as Appendix Schedule of Charges and such Schedule of Charges may be amended or modified from time to time by the Moola and a copy of an up-to-date schedule of charges can be obtained from the Moola.
Unauthorized Transaction: means any use of a Commercial Card by a person other than the Cardholder, who does not have actual, implied or apparent authority for such use and for which the Cardholder or the Customer received no benefit.
Merchant: means the user of the Moola services. Whether it was the Second Party that is in this Agreement with Moola, or their clients.
Supplier: means the international payment cards (VISA).
Retailer: means a merchant or business owner who sells merchandise or products to the customer.
2. Issuing of Commercial Cards 2.1 Where applicable, the Moola will issue Commercial Cards and renew and replace them unless cancelled and, if requested and appropriate for the Commercial Card type, issue a PIN to each Cardholder, unless Moola otherwise objects or refuses, which it may in its absolute discretion. Issuance of Commercial Cards is subject to: (a) the Customer authorizing each proposed Cardholder to receive and use a Commercial Card; and (b) the Customer's compliance with the Moola’s account opening procedures from time to time in force. 2.2 Moola company is under no responsibility to the Customer to: (a) ensure that Cardholders comply with any Conditions of Use or Product Guide or any variation or supplement to them. (b) ensure that a Commercial Card is used for the purposes of the Customers business; or (c) review, monitor or investigate the use of a Commercial Card.
2.3 Moola shall maintain a Commercial Card Account in the name of the Customer under which separate ac- counts shall be maintained in respect of each Commercial Card to which the value of all Card Transactions, any other liabilities arising under these Terms and Conditions and any loss incurred by the Moola arising from the use of the Commercial Card or Commercial Card number shall be charged and to which the value of credit vouchers issued in respect of the Commercial Card will be credited
3. Using the Commercial Card Account and authorizing transactions
3.1 The Customer shall be responsible without limitation for payment to the Moola for all amounts properly debited to the Commercial Card Account in respect of each Commercial Card notwithstanding that the Card Limit may be exceeded or that any such debits may have arisen as a result of the Cardholder using the Commercial Card without the Customer's authority or contrary to these Terms and Conditions or the Conditions of Use. 3.2 The Cardholder must not use the Commercial Card for unlawful purposes, including purchasing goods or ser vices which are illegal in the Kingdom of Saudi Arabia or elsewhere or are prohibited under the principles of Shariah If the Cardholder does make an unlawful or prohibited purchase, the Moola may cancel the Commercial Card immediately and may report the Cardholder to the relevant authorities. The Customer and card holder will be responsible for any unlawful use and may be required to reimburse Moola or Visa for any amount which the Moola or they incur as a result of the use of the Commercial Card.
3.3 For each chip enabled Commercial Card the Cardholder will be required to use the PIN issued for that Commercial Card rather than a signature to authorize the transaction at chip enabled point of sale machines.
3.4 The Moola's authorization process takes account of transactions which have been authorized but not yet applied to the Commercial Card Account.
3.5 Provided that the Cardholder has correctly authorized a transaction, the Moola will be responsible for the correct execution of the payment to the payee.
3.6 Moola’s record of transactions processed by the use of the Commercial Card at an ATM shall be conclusive and binding for all purposes. If the Customer wishes to dispute an ATM transaction, the Customer should call Moola within thirty (30) days of the transaction date.
3.7 The Moola shall not be responsible for any loss or damage arising directly or indirectly from any malfunction failure of the Commercial card or ATM arising out of the Cardholder's mistake, the temporary insufficiency of funds in such machines or otherwise howsoever arising.
3.8 The Cardholder can use the Commercial Card at ATMs on the same networks abroad, so long as they are situated in countries where withdrawals are permitted pursuant to the laws of the Kingdom of Saudi Arabia and such use would not involve a breach of international financial sanctions or the Moola's policy.
3.9 When asked to authorize a transaction or Cash Advance, the Moola will consider any other transactions or Cash Advances already debited to the relevant or any other Commercial Card Account opened under these Terms and Conditions, whether that transaction has been completed or not. This may lead to the transaction or Cash Advance being declined. The Moola may refuse to authorize use of a Commercial Card if it considers that the Commercial Card or the Commercial Card Account has been or is likely to be misused. As part of the decision-making process and in an effort to minimize the misuse of cards, Moola may refer an authorization request back to the supplier for further information. This may result in the Cardholder being asked to produce further means of identification. This may also be done on a random basis for fraud prevention purposes.
3.10 When a Card Transaction is shared on the internet with a designated participating organization (designed to prevent fraud), the Cardholder may be invited to register for this service. If the Cardholder does not do so, as part of Moola’s fraud prevention measures Moola may not authorize further internet transactions with participating organizations.
3.11 The Customer must promptly notify Moola in writing of any changes in the Customer's mailing address, telephone numbers, and email addresses.
3.12 Any notice given by the Moola with regard to these Terms and Conditions will be deemed to have been received by the Customer five (5) Business Days after dispatch by the Moola to the Customer's address last notified in writing to the Moola.
3.13 Moola will not be liable for any act or omission of any merchant including without limitation any refusal to honor the Commercial Card or any defect or deficiency in any goods or services provided. Any claim or dispute which the Cardholder may have against or with a merchant shall not relieve the Customer of the obligation to pay the amount incurred hereunder to the Moola without deduction.
3.14 Any refunds or reversals of a Card Transaction that are not in the Billing Currency will be subject to the rate of exchange against that Billing Currency as determined by the Moola when the refund or reversal is made to the Commercial Card. Any refunds or reversals of a Card Transaction are also subject to processing fees.
4. Unauthorized Transactions
4.1 The loss or theft of the Commercial Cards must be reported to Moola’s helpdesk immediately upon discovery by either the Cardholder or anyone who has a Delegation of Authority.
4.2 The Customer and the Cardholder must cooperate with Moola and the police with regard to the lost or stolen Commercial Cards and investigate any Unauthorized Transactions. If the Customer or the Cardholder are asked to report Unauthorized Transactions to the police. This must be done immediately and in any event within seven (7) days of being asked. If the Customer or the Cardholder recovers the Commercial Card, it must not be used and must be returned to the Moola.
4.3 After a reasonable time following receipt by the Moola of notification of loss or theft of the Commercial Cards, the Customer will have no further liability for transactions charged to the reported Commercial Cards provided that the Cardholder has acted in good faith and with all reasonable care and diligence in safeguarding the Commercial Cards and in promptly reporting its loss to the Moola as determined by the Moola in its sole discretion. The Moola reserves the right to cancel the Commercial Cards once reported.
4.4 The Customer will be responsible for payment in full of any Unauthorized Transactions made before the notice of the loss or theft of the Commercial Cards has been received by Moola.
4.5 Notwithstanding anything to the contrary contained herein, in addition to all sums recoverable pursuant to these Terms and Conditions, the Customer will be liable for all losses incurred by the Moola arising from the use of the Commercial Cards by any person obtaining possession of it with the consent of the Customer or the Cardholder or as a result of the Cardholder acting fraudulently. Should the Moola become aware of evidence that shows the Moola is not responsible for any Unauthorized Transactions, the Moola will recover an amount equal to any refund from the Commercial Card Account
4.6 Moola may at its absolute discretion agree to issue a replacement Commercial Card for any lost or stolen Commercial Card which shall be issued on the same Terms and Conditions as the original Commercial Card or as may be amended from time to time. The Moola reserves the right to charge a replacement fee to the Commercial Card Account.
5. Refusing or revoking transactions 1. 1.1 Moola has the right to restrict or refuse a transaction on any Commercial Card at any time. Without restricting this general right, the Moola is likely to restrict or refuse a transaction on any Commercial Card in the following circumstances:
(a) the use is causing or would cause a breach of these Terms and Conditions.
(b) the Moola believes that there is significantly increased risk that the Customer may not be able to fulfil its duty to settle the dues or repay the credit in line with these Terms and Conditions.
(c) if any of the information the Customer has given to the Moola turns out to be incorrect or is suspected to be un- true or misleading, a (d) if any Customer Moola account with any affiliate of Moola or its mother company is frozen, a
(e) if adverse information is received from a credit reference agency about the Customer.
(f) if the Moola has reasonable grounds for suspecting that the Customer or any Cardholder has committed or is a about to commit a crime or other abuse, including but S not limited to, a regulatory breach, international sanctions, bribery or money laundering offence.
(g) if Moola suspects fraud or misuse of any Commercial a Card (and the Moola may ask the Cardholder to provide further information, including verification of identity, when the Moola is asked to authorize a transaction).
(h) if a Cardholder does not use the PIN with a chip and PIN Card; or
(i) for any other reason as determined by the Moola
5.2 If a transaction is refused by Moola, Moola will give notice of this refusal via the supplier, retailer or other organization with whom the Cardholder attempts to make the transaction. If a merchant or third-party refuses to accept the Commercial Card, the Moola is not responsible to the Customer or the Cardholder. If the Customer has a complaint this should be discussed directly with the third party or merchant
5.3 If the Moola restricts a Commercial Card, the Moola will try to give the Cardholder reasonable notice, but there may be circumstances where the Moola is not able to give notice (e.g. for regulatory reasons) and the Commercial Card will be restricted immediately. Moola will not be liable for any loss the Cardholder, or the Customer may suffer as a result of this action.
5.4 The Cardholder cannot rescind or revoke a purchase or other transaction using the Commercial Card once the transaction authorization has been received by the Moola or the payee (for example, a retailer or supplier (The Moola will credit the Commercial Card Account with a refund only if the payee refunds the Moola. The Moola may charge the relevant Schedule of Charges on such a transaction amount and any applicable processing fee that may include a foreign exchange fee if the transaction was not made in the Billing Currency
5.5 If a transaction is refused by Moola and the Cardholder was not made aware of this at the time the transaction was refused, the Cardholder can seek details of the refusal by calling Moola’s helpdesk or call center.
6. Protecting the Commercial Card and the Commercial Card Account 6.1 The Customer and the Cardholders must take all reasonable precautions to prevent the Commercial Card and Card Security Details from being misused or being used fraudulently.
6.2 If any Commercial Card is lost, stolen or liable to be mis- used for any reason, the Customer or the Cardholder must follow corporate service channels (including call center, help desk, relationship manager, programmer Administrator and the relevant of Moola) to immediately report lost, stolen or misused of the Commercial Card.
6.3 Commercial Cards must be destroyed, cut in half or returned immediately if the Moola asks the Customer or a Cardholder to do so.
7. Card Limit and Customer Credit Limit 7.1 The total balances outstanding for all Commercial Card Accounts shall not exceed the Customer Credit Limit.
7.2 If the Customer or the Cardholder exceeds the Card Limit or Customer Credit Limit without the Moolas written prior agreement, the Moola may at its discretion cancel a one or any number of the Commercial Cards which are issued to the Cardholders at the request of the Customer, immediately, without notice to the Customer and all outstanding amounts will thereupon become immediately due and payable.
8. Fees and Charges 8.1 The Customer shall pay to the Moola fees, costs, charges, profits and expenses in connection with using Commercial Cards. These will be the Moola's standard fees and charges as set out in the Schedule of Charges unless the Moola separately agrees different fees and charges with the Customer. Unless otherwise stated, all amounts payable pursuant to this clause are exclusive of value added, sales, use, goods and services, business, stamp or any similar taxes or duties that may be applicable. All such taxes or duties will be applied in accordance with applicable legislation and the Moola will issue valid invoices or other documents as appropriate. Payment of all amounts due pursuant to this clause will be made clear and free of any deduction or withholding for or on account of tax, set-off, counterclaim or other charges so the Moola receives such amounts in full. If a deduction or withholding for or on account of tax is required to be made by law, the payment shall be increased to an amount which after making any deduction or with holding leaves an amount equal to the payment which would have been made if no withholding or deduction had been required. The Customer shall make any payment required in connection with such tax deduction or withholding within the time allowed by law.
8.2 The Customer agrees and confirms that the Moola may amend the Schedule of Charges by: (a) posting a copy of such amendments (or new version) on Moola's website or (b) sending a copy of the proposed amendment (or new version) to the Customer by regular mail or email, and that such amendments to (or new version) of the Schedule of Charges shall become effective on the date falling thirty (30) days after the sending or posting, as the case may be, of the notice of the amendments or new version, as the case may be.
8.3 The Customer agrees and confirms that the Moola is not required to provide the Customer with any other notice or seek any additional consent from the Customer to amendments or new versions of such Schedule of Charges.
8.4 The Customer hereby agrees and confirms that the Moola may deduct any fees, costs, charges, profits and expenses payable by the Customer from linked account advised by the Customer for such purposes and/or any other accounts maintained by the Customer with the Moola.
8.5 Foreign Currency Transactions (other than ATM transactions) are converted into the Billing Currency by the card scheme using their applicable exchange rates on the day conversion is made (which may involve a conversion to US dollars first). In addition to this exchange rate conversion, the Moola will charge a processing fee (as a percentage of the trans- action amount) as set out in the Charges.
8.6 Foreign Currency Transactions performed at an ATM will be converted into the Billing Currency by the Moola using the Moola's applicable exchange rate. The Card Transactions may have first been converted to US dollars either by the Moola or by the card scheme using their applicable exchange rates on the day conversion is made. When making Foreign Currency Transactions at ATMs on certain networks, (such as GCCnet), the conversion may be com- pelted by a local regulatory authority at a rate and time determined by them. In addition to this exchange rate conversion, the Moola will charge a processing fee (as a percentage of the transaction amount). A Cash Advance a fee will also apply, as set out in the Schedule of Charges. Some cash machine operators may apply a direct charge for withdrawals from their ATM's. This should be advised and accepted on screen at the time of the withdrawal.
8.7 The Cardholder shall be entitled (subject to limits set by the Moola) to use a valid Commercial Card to receive a Cash Advance in the domestic currency of the country in which such advances are made. Where an ATM facility has been granted in respect of any Commercial Card, the Cardholder may use the Commercial Card to obtain a Cash Advance (which shall be debited to the Commercial Card Account) at any ATM in the global access net- work as well as participating ATMs linked to international a commercial card scheme networks or any other ATMs, and as advised from time to time.
8.8 Certain Card Transactions will be charged as if they were g a Cash Advance, including purchases at exchange houses, any purchase of foreign currency or any other transaction classified by Visa as a Card Transaction which should be charged as if it were cash.
8.9 The Moola will charge a fee for each cash withdrawal or Cash Advance as set out in the Schedule of Charges.
9. Payments 9.1 The Moola will, on a monthly basis, make available to the Customer a Commercial Card Account statement detailing all Card Transactions effected during the preceding calendar month (the "Billing Period") and the current total amount outstanding ("Amount Outstanding") in respect of each Commercial Card and the date on which the Commercial Card Account statement is due for settlement (the "Payment Due Date"). If there has been no Card Transactions in a particular Billing Period, the Moola may not issue or send the Customer a statement for that Billing Period
9.2 Payments made by the Customer will only take effect when received by the Moola in cleared funds.
The following table illustrates the process of calculating the foreign currency transaction:
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