• We, us and our means Emcredit Limited, 310, Building 5, DIFC, Dubai United Arab Emirates, DBA Emcredit limited who is the executor of Empay wallet.
• Customer is the person who signs up to Empay wallet
• Credit Cardmeans a credit card designated by MasterCard or Visa as a MasterCard or a Visa card, American Express, UnionPay (or a credit card of other credit card organizations that may be accepted by us from time to time)
• Debit Cardmeans a debit card designated by MasterCard or Visa as a MasterCard or a Visa card, American Express, UnionPay (or a debit card of other debit card organizations that may be accepted by us from time to time);
• Partnered bank card means credit, debit, pre-paid, gift cards issued by banks participatingwith Emcredit for Empay wallet
• Non-partnered bank card means credit or debit card issued by banks which are UAE based but are not partners with Emcredit for Empay wallet.
• Partnered bank Customer means the person who has credit or debit card issued from banks partneringwith Empay wallet.
• Devicemeans a device such as a smartphone, tablet or smart watch using an android operating system, on which Empay wallet will be installed and setup.
• Partners or Service Providers means all parties who have partnered with Empay wallet for providing various services like banks, exchange houses, education institutes, government departments, utility provider companies, food companies etc.
• PIN means 6 digit numeric passcode setup by user during registration to Empay wallet
• Passcode means the secret code that is required to unlock a Device, including a password, passcode, pattern or biometric identifier (where applicable).
• Default Cardmeans the card that will be used by default for Empay wallet transactions. This is usually the contactless card of any of the partnered bank, which is set as default card for contactless and remote payments. Default cards can be switched any time.
• Remote Payments are online payments that can be made from Empay wallet for services enabled on the platform like utility payments, government payments etc.
• Cloud cards are cards that are added to Empay wallet, which can only be used to make remote payments, and not for contactless payments.
• DED means Dubai Economic Department
• MOL means Ministry of Labor, Government of Dubai

• You acknowledge that Your use of Cards on Empay wallet will remain subject to the terms of any cardholder agreement(s) You may have with the relevant Card Issuer, and neither these Terms and Conditions,  nor Your use of Empay wallet shall alter Your existing relationship with Card Issuers with respect to Your Cards.
• You agree that you will use Empay wallet in accordance with applicable law and will not use Empay wallet for any illegal or fraudulent purposes. Empay wallet is not intended for use by any person other than cardholder authorized to use the card pursuant to that cardholder agreement between you and the card issuer. If you are not authorized card holder of the cards added in your Empay wallet, you may not use Empay.
• Empay wallet services are not available to persons under the age of 18 or to anyone previously suspended or removed from the services by Empay. By accepting these Terms & Conditions or by otherwise using the Services or the Site, You represent that You are at least 18 years of age and have not been previously suspended or removed from the Services. You represent and warrant that you have the right, authority, and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement. You shall not impersonate any person or entity, or falsely state or otherwise misrepresent identity, age or affiliation with any person or entity.
• It is responsibility of the customer to maintain the physical security of the device and confidentiality of the device lock, PIN, security questions and other means to access Empay wallet, card credentials, or any other personal and payment information on or for the device. On sharing the device and/or means of access to the device with any person, that person may be able to use the Cards and access the personal and payment information available in Empay wallet. The Customer is required to keep the device, the credentials secure in the same manner and do not share wallet PIN or device unlock pattern/ password with any other person.
• Use of Empay wallet requires Your Device to have access to Internet via mobile network or Wi-Fi (fees may apply), and requires obtaining updates or upgrades from time to time.
• To register for Empay wallet, the Customer has to download / update Empay wallet app from the Play Store.
• Customers can register multiple cards on the wallet.
• Cards added on wallet from participating banks can be used for both contactless and remote payments for payment activities enabled on Empay wallet.
• Cards added on wallet from non- participating banks can be used only for remote payments for payment activities enabled on Empay wallet.
• Participating bank cards will be added to Empay wallet provided:

Empay wallet allows Customer to create digital/ virtual cards on their Device inside Empay wallet, which permits the Customer to use the Device, instead of presenting the physical Cards, to make payments using merchants’ contactless-enabled point-of-sale terminals or readers that accept contactless payments using Cards. Such payments can be made at any merchant location within the United Arab Emirates, which accepts such payments.

Along with contactless payment, Empay wallet also allows Customer to use these digital/ virtual cards for making remote payments for various services available on Empay wallet like Utility payments, Government payments, Order Food online, Education Fees payments etc. Changes in the available services will be updated time to time. 

Customer can add Digital/ virtual cards of Empay partnered banks initially. After some time, wallet will be enabled to accept cards of non-partnered banks (cards issued from UAE). The changes in acceptance of type of cards will be updated time to time.  

By adding the Card to Empay wallet, the Customer can authorize payment for the merchant's products or services with the Card within Empay wallet by authenticating and placing the Device near a merchant's contactless-enabled point-of-sale terminal/ reader or choosing Empay wallet card for authorizing payments for the services available online on Empay wallet.

Based on type of card in Empay wallet (contactless or contact), the customer can use Empay wallet to authorize transactions on a Card used for making payment. Contactless payments through Empay wallet are done by placing the device with Empay wallet instead of physical card at a contactless payment terminal for point of sale transactions. The Customer may require the Device to be unlocked prior to making the transaction and depending on the value of the transaction, the contactless payment terminals may require:

• The Customer to enter the Empay PIN setup by user at the time of registration
• The Customer to unlock the phone at a point prior to attempting a transaction

To make payments with Empay wallet, wallet has to be selected as the default wallet application on the Device settings to make transactions on the Card.

Customer will make payment through default card setup in Empay wallet. In case the Customer want to use a different card other than default card from wallet for the transaction, then Customer can change the default card to card that he/ she wants to use before placing the device at contactless payment terminal for the payment transaction. 

• Customer must set device locking pattern, PIN or fingerprint to access Device to prevent others from accessing or using Empay wallet on the Device. Customer should agree to keep his/ her device-locking pattern, PIN confidential at all times.
• Emcredit shall not be liable for any loss which the Customer suffers by using Empay wallet unless it is directly caused by the Emcredit’s gross negligence and/ or willful misconduct.
• In case of breach of confidentiality of the Device or PIN ,the Customer shall be fully and solely responsible for and bear all charges, costs, losses, and damages whatsoever and howsoever arising from such breach. In the event the Customer discloses the PIN intentionally or unintentionally, the Customer shall indemnify the Banks/ parties against any unauthorized payment, charges, costs or losses and any transaction effected due to such breach.
• The Customer shall immediately notify Emcredit by calling Empay customer care, if Empay wallet PIN is breached or is disclosed to another person or entity. The Customer should request the Bank to block the Card due to such disclosure or breach and the Customer shall indemnify the Bank for any loss, damage, charge or expense caused to the Bank due to such breach.
• In the event of fraud, loss or theft of the Device, the Customer should immediately report such loss to Emcredit by calling its customer to delete all cards from Empay wallet in addition to other parties such as telecom provider etc. The Customer can continue to use the physical card plastic for all enrolled cards. The Customer hereby indemnifies the Bank against any claims, costs, charges or losses made in respect of any transactions effected using the Customer Device prior to the Customer notifying the Bank or Empay of the fraud, loss or theft or requesting the bank or Empay to block the card.
• Empay wallet has taken efforts in securing all communications; please note that the confidentiality of communications via any public telecommunications network is susceptible to unlawful interception and hacking, especially through public Wi-Fi. Empay shall not be liable for any loss or damage whether direct or consequential arising out of any such unlawful interception or access.
• During registration to Empay wallet, certain information from the Customer is collected for registering to wallet and to verify the Customer identity, in order to enable the Customer to use the wallet. This information includes Name, mobile number, email address, Emirates ID.
• The Customer should call Empay customer care provided in Empay wallet app as well as at Empay website (http://www.empay.ae) immediately if the Customer believes that the Device, Device lock, Empay PIN, cards stored in the wallet  may have been lost, stolen or compromised in any way. In such a situation, the Customer should change the credentials immediately to avoid any unauthorized use of the Cards in the wallet. By informing to Empay customer care, all cards in Empay wallet will be deleted immediately for any further unauthorized use and access.
• Empay wallet may use certain security features and procedures to protect against unauthorized use of any of the Cards. The Customer agrees not to disable any of these security features and to use these security features and procedures to safeguard the Cards.

Emcredit can suspend or terminate customer from Empay wallet in following circumstances including but not limited to:

• If  any fraud is suspected on Empay wallet or reported by any partners/ service providers/ card networks in Empay wallet;
• If required by applicable laws or regulations (such as anti-money laundering and counter terrorism financing laws sanctions laws, etc.);
• For any material breach of the Terms of Use; or
• For any other reason which Emcredit deems fit as a security concern.

Empay shall not be liable for any loss arising from the use of Empay wallet to the extent the loss was caused by:

• The Customer’s fraud, negligence, or willful default; or

The Customer’s use of device in a manner not permitted (for example, by obtaining root access to the Device, etc.)

• Empay wallet customer may receive push notifications from Empay wallet related to account activity, discounts and offers. Such notifications require internet connection. These notifications will within the notification tray at the top of the home screen, which may be viewed even when the Device is locked. Any personal or confidential information will not be displayed through these push notifications. If the Customer does not wish to receive push notifications, they may be turned off within the Device notifications Empay wallet app settings.

• As a condition for activating and using the Cards with Empay wallet, the Customer consents to receive certain messages from Empay wallet on the Device or at the mobile number the Customer provided when the Customer registered to Empay wallet.

• By accepting the terms and conditions the customer accepts that Empay wallet may send the alerts to the mobile phone number provided by the customer while registering for the service or to any such number replaced and informed by the customer. The customer acknowledges that the alerts will be received only if the mobile phone is in ‘On’ mode to receive the SMS. If the mobile phone is, in ‘Off’ mode then the customer may not get / get after delay any alerts sent during such period.

• The customer acknowledges that the clarity, readability, accuracy, and promptness of providing the alert/ SMS service depend on many factors including the infrastructure, connectivity of the service provider. Empay wallet shall not be responsible for any non-delivery, delayed delivery or distortion of the alert in any way whatsoever.

• Customer also agrees to receive information regarding what Empay wallet perceives to be of their interest based on usage history via SMS, email & phone call. This includes offers, discounts and general information. In case the customer does not want such information, they have to explicitly ask to be excluded.

A virtual representation of the Card is licensed, to the Customer for use only under the Terms of Use. The card issuing Bank reserves all rights not expressly granted to the Customer.

The Customer shall not rent, lease, lend, sell, redistribute or sublicense any right to use any Card credentials in Empay wallet.

The Terms of Use are governed by the federal laws of United Arab Emirates as applicable in the Emirate of Dubai and subject to the courts of Dubai.

The Terms of Use are made in bilingual (Arabic/ English) text, however, if there is any contradiction between the Arabic and English text, the Arabic text shall prevail. 

Available for android users

FINANCE HOUSE PJSC Empay MOBILE CARD TERMS AND CONDITIONS (Mobile Card Terms and Conditions)

IMPORTANT before you store and use your Mobile Card please read these Mobile Card Terms and Conditions, the Finance House Terms and Conditions Governing Credit Cards (Credit Card Terms) and any other applicable Finance House Terms and Conditions carefully. By registering, adding, activating and using your Mobile Card within a Mobile Wallet, you will be considered to have accepted these Mobile Card Terms and Conditions and will be bound by them.

Definitions

In these Mobile Card Terms and Conditions, the following definitions apply.

• Device Passcode means the passcode you use to access your Eligible Device.
• Eligible Device means a smartphone, tablet or other device (as designated by us from time to time) with Mobile Wallet functionality (i.e. allowing a Mobile Card to be registered and stored)
• Mobile Card means your Empay prepaid/ Credit Card issued by Finance House which you store in a digital version in the Mobile Wallet of your Eligible Device
• Mobile Card Transaction means any transaction effected by your Mobile Card
• Mobile Wallet means a wallet application provided by a Mobile Wallet Provider, installed in an Eligible Device in which your Mobile Card is stored; and
• Mobile Wallet Provider means the provider of the Mobile Wallet in your Eligible Device.If we use a capitalised word in these Mobile Card Terms and Conditions which has not been defined herein, then that word shall have the meaning given to it in the Credit Card Terms.

Scope of the Mobile Card Terms and Conditions

These Mobile Card Terms and Conditions apply when you add your empay prepaid/Credit Card issued by Finance House to a Mobile Wallet of your Eligible Device. The Credit Card Terms also apply to your Mobile Card. References in the Credit Card Terms to Credit Card include your Mobile Card.

These Mobile Card Terms and Conditions supplement the Credit Card Terms and, together, they govern your Mobile Card. If there is any inconsistency between the provisions of these Mobile Card Terms and Conditions and the provisions of the Credit Card Terms, the provisions of these Mobile Terms and Conditions will take precedence over any other terms between us and you in relation to your Mobile Card.

You may need to agree separate terms with the Mobile Wallet Provider, which govern the registration and storage of your empay prepaid / Credit Card issued by Finance House and the use of the Mobile Wallet (including the use of any data you provide to the Mobile Wallet Provider). Those separate terms you agree with the Mobile Wallet Provider will not change or override these Mobile Card Terms and Conditions and the Credit Card Terms.

Registration

You are eligible to add a digital version of a Mobile Card in your Mobile Wallet if your Account is in good standing.

You may add a Mobile Card in your Mobile Wallet by following the instructions of the Mobile Wallet Provider. You acknowledge that the Mobile Wallet Provider has the right to decline the addition of your Mobile Card or to suspend, delete or reactivate a Mobile Card added in the Mobile Wallet. We shall not be liable if you are unable to add your Mobile Card on a Mobile Wallet for any reason.

By registering a Mobile Card in your Mobile Wallet, you consent to us sending you an SMS or an email on your mobile number or email registered with us for verification and activation purposes, if applicable. The Mobile Wallet Provider may limit the number of Mobile Cards that you may add in one Mobile Wallet from time to time. We may limit the number of Eligible Devices in which the same empay prepaid/Credit Card issued by Finance House can be added from time to time and you should refer to our latest communications regarding such limit. Please see Clause 11 regarding how we communicate with you.

Use of the Mobile Card

You may make and authorise transactions with your Mobile Card where Mobile Wallet is accepted for payment.

We will not be responsible to you if any retailer refuses to accept your Mobile Card.

To make and authorise a transaction, you may place your Eligible Device near Visa payWave or MasterCard contactless readers or terminals (contactless reader), and verify your identity as the Cardholder as determined by the Mobile Wallet Provider.

You cannot use your Mobile Card for cash withdrawals or cash advance over the counter.

You will not be able to use your Mobile Card for purchases which exceed a certain amount. You should refer to our latest communication regarding eligible amounts. The limit per transaction may vary from country to country. Please see Clause 11 regarding how we communicate with you.

Acknowledgment of risk and your responsibility

You acknowledge and accept the risk of incurring any loss which may arise from or in connection with unauthorized transactions made on your Mobile Card. You undertake to be liable for all transactions incurred using the Mobile Card whether or not the transactions were properly authorised by you. It is your responsibility to take security measures to protect the use of your Mobile Card, Mobile Wallet and Eligible Device. We recommend you consider the following:

take reasonable precautions to keep empay prepaid/Credit Card details and security details relating to your Mobile Card, Mobile Wallet and Eligible Device (including your Device Passcode, fingerprint and/or any other biometric credentials stored in your Eligible Device and/or any cloud storage platform) safe and to prevent loss, theft or fraudulent use.

safeguard your Mobile Wallet and Eligible Device and keep them under your personal control at all times.

do not allow anyone else to use or log on to your Eligible Device and Mobile Wallet.

do not store anyone else’s fingerprint or biometric credentials in your Eligible Device.

do not choose obvious numbers as Device Passcode (such as date of birth, telephone number, number with same digits or other that can be easily guessed or tell anyone else your Device Passcode or write down or keep your Device Passcode close to your Eligible Device).

do not install or launch Mobile Wallet in a smartphone or other device with any pirated, hacked, fake or unauthorized application or where the software lockdown has been overridden (such as a jailbroken or rooted smartphone or device).

change the Device Passcode regularly and use alphanumeric code for Device Passcode.

if you have already set up access to your Eligible Device by way of Device Passcode or fingerprint or other biometric credentials, review this and ensure that you change any Device Passcode that can easily be guessed or that has already been shared with anyone else and delete any fingerprint or other biometric credentials that is not your own.

delete your Mobile Card from the Mobile Wallet before you dispose of your Eligible Device by, for example, selling or giving it to someone else or pass your Eligible Device temporarily to someone else, for example, for it to be repaired

remove the Mobile Card from the Mobile Wallet upon termination of your Mobile Card as provided in Clause 10.

You are fully responsible for any disclosure of your empay prepaid/Credit Card details, Device Passcode or other security details relating to your Eligible Device, Mobile Wallet and Mobile Card to any other person, even if such disclosure is accidental or unauthorised. You are required to bear all risks and consequences of your Mobile Wallet and Mobile Card being used by unauthorised persons or for unauthorised purposes up until you notify us of such unauthorized use.

You have to use an Eligible Device of a type or model specified by us from time to time to register, add and use Mobile Card in your Mobile Wallet. We have the right to vary the type or model or withdraw an existing type or model of Eligible Device at any time without prior notice.

You require an internet connection, compatible telecommunications equipment and a mobile phone service plan (if applicable) in order to register, add and use your Mobile Card (except in the circumstances described in clause 5(e) below). You are responsible for any amount which may be charged by your mobile carrier and you agree to be solely responsible for such fees.

An active internet connection may be required to make purchases in-store using your Mobile Card. If you are able to make in-store purchases without an active internet connection, the number of transactions you will be able to conduct in this manner may be limited, after which you will need to connect to the internet to make additional purchases. Any applicable transaction limit will be displayed on our website or the Mobile Wallet Provider’s website and may change from time to time.

Loss, theft or misuse

You must notify us straight away and request that we deactivate your Credit Card by calling our Customer Service Hotline specified on our website if you notice or suspect any loss, theft, unauthorized possession, control or use of your Mobile Card or Eligible Device, or if you believe someone else has used your Mobile Card or Eligible Device, or has discovered the security details of your Eligible Device, Mobile Wallet or Mobile Card or the security of your Credit Card, Mobile Card, Mobile Wallet or Eligible Device has been compromised in any other manner.

If you report loss, theft, disclosure or unauthorized use of your Mobile Card in accordance with this Clause 6, you will not be liable for subsequent unauthorized use unless: (a) you knowingly (whether or not voluntarily) permitted any other person to use your Mobile Wallet or Mobile Card or Eligible Device or (b) you have acted fraudulently or with gross negligence in using or safeguarding your Mobile Wallet, Mobile Card or Eligible Device (without limitation, your failure to follow any of the security measures recommended by us from time to time regarding the use or safekeeping of your Mobile Wallet, Mobile Card or Eligible Device may be treated as gross negligence), in which case you will be liable for all Mobile Card Transactions.

Limitation of our liability

You acknowledge and accept that the Mobile Wallet is made available to you by the Mobile Wallet Provider on Eligible Devices. We are not the provider of your Mobile Wallet, and therefore we are not responsible for providing the Mobile Wallet service to you. We have no control over the Mobile Wallet platform or your Eligible Device. We are therefore not responsible for any failure of the Mobile Wallet or your Eligible Device, or your inability to use the Mobile Wallet or your Eligible Device for any transaction. We are also not responsible for the performance or non-performance of the Mobile Wallet Provider or any third parties that may impact your use of the Mobile Wallet. We are not responsible for any loss that you may suffer or incur in relation to your use or inability to use your Mobile Wallet (including your Mobile Card).

We are not liable to refund you for any unauthorised transactions where you fail to take appropriate security measures including those provided in Clause 5.

Your Personal Data

By registering, adding and using the Mobile Card in your Mobile Wallet, you acknowledge that certain Credit Card Account information may be transmitted to and stored within your Eligible Device, SIM card, with the Mobile Wallet provider and/or on the system of a third party working with the Mobile Wallet Provider, for purposes of the Mobile Wallet. Such information may be used by the Mobile Wallet Provider and/or the third party working with the Mobile Wallet Provider. We shall not be responsible and have no control of the privacy and security of your personal data and information provided by you to the Mobile Wallet Provider which is governed by the privacy policy of and any agreement you may have with the Mobile Wallet Provider.

Fees and charges

You will bear all fees, charges and expenses imposed by any mobile phone service provider, telecommunications provider, retailer or the Mobile Wallet Provider for or in relation to your adding, activating or using the Mobile Card or for making transactions using your Mobile Wallet and the Mobile Card.

Termination of Mobile Card

You shall follow the instructions of the Mobile Wallet Provider to remove your Mobile Card from the Mobile Wallet should you wish to terminate the Mobile Card. Termination of the Mobile Card will not terminate the empay Credit Card issued by Finance House unless you also terminate it in accordance with the Credit Card Terms.

We have the rights to suspend, freeze or terminate your empay Credit Card issued by Finance House under the Credit Card Terms. These rights will be extended to your Mobile Card. You agree that we will not be liable to you or any third party for any suspension, freezing or termination of your use of any Mobile Card.

We will also have the right to suspend, freeze or terminate the use of a Mobile Card if your Mobile Wallet has been suspended, frozen or terminated by the Mobile Wallet Provider for any reason, or if you have made a report to us.

Upon termination of Mobile Card whether by you or by us, you must remove the Mobile Card from your Mobile Wallet based on the instructions provided by the Mobile Wallet Provider. You should contact the Mobile Wallet Provider if you have any question on how to remove the Mobile Card or the Mobile Wallet from your Eligible Device.

You are responsible for all Mobile Card Transactions whether or not authorised by you unless and until you have removed the Mobile Card from your Mobile Wallet and Eligible Device upon termination.

Notices

We can provide notices to you concerning these Mobile Card Terms and Conditions and the use of your Mobile Card by posting the materials on our website, through electronic notice given to any electronic mailbox we maintain for you or telephone number you provide to us, or by contacting you at the current address we have on file.

Variation of this Addendum

We have the right to vary these Mobile Card Terms and Conditions from time to time. By agreeing to these Mobile Card Terms and Conditions you are agreeing that we may change them at our discretion at any time in line with our Credit Card Terms. You will be bound by a variation unless your Mobile Card is terminated by you and removed from the Mobile Wallet and Eligible Device in accordance with Clause 10 before the date on which that variation takes effect. We will use appropriate methods to update you about the changes which might include a notification online via our website.

Third party rights

No person other than you and us will have any right to enforce or enjoy the benefit of any of the provisions of these Mobile Card Terms and Conditions.

Governing law, jurisdiction and version

These Mobile Card Terms and Conditions are governed by the laws of the Emirate of Abu Dhabi and the United Arab Emirates and in the event of a dispute between us, we both agree to submit to the exclusive jurisdiction of the courts of Abu Dhabi, United Arab Emirates. These Mobile Card Terms and Conditions are in English.

General matters

If you have any questions or complaints about your Mobile Card, please visit our website. If your question or complaint is about the Mobile Wallet, please contact the Mobile Wallet Provider using the contact information provided by the Mobile Wallet Provider.