Terms and conditions MOOLA Cards

2. Issuing of Commercial Cards
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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:
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(a) the Customer authorizing each proposed Cardholder to receive and use a Commercial Card; and
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(b) the Customer's compliance with the Moola’s account opening procedures from time to time in force.
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2.2 Moola company is under no responsibility to the Customer to:
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(a) ensure that Cardholders comply with any Conditions of Use or Product Guide or any variation or supplement to them.
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(b) ensure that a Commercial Card is used for the purposes of the Customers business; or
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(c) review, monitor or investigate the use of a Commercial Card.
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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.

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3. Using the Commercial Card Account and authorizing transactions
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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.
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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.
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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.
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3.4 The Moola's authorization process takes account of transactions which have been authorized but not yet applied to the Commercial Card Account.
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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.
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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.
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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.
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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.
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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.
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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.
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3.11 The Customer must promptly notify Moola in writing of any changes in the Customer's mailing address, telephone numbers, and email addresses.
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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.
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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.
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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.

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4. Unauthorized Transactions
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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.
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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.
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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.
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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.
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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.
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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.

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5. Refusing or revoking transactions
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5.1 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:
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(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
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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.

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6. Protecting the Commercial Card and the Commercial Card Account
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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.

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7. Card Limit and Customer Credit Limit
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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.

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8. Fees and Charges
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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.
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8.2 The Customer agrees and confirms that the Moola may amend the Schedule of Charges by:
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(a) posting a copy of such amendments (or new version) on Moola's website or
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(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.
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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.
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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.
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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.
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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.
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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.
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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.
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8.9 The Moola will charge a fee for each cash withdrawal or Cash Advance as set out in the Schedule of Charges.

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9. Payments
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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
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9.2 Payments made by the Customer will only take effect when received by the Moola in cleared funds.
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The following table illustrates the process of calculating the foreign currency transaction:
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• This is an example to illustrate the method of currency conversion and not the real exchange rate.

9.3 The Moola may allow third parties to make payments to the Commercial Card Account
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9.4 Payments in respect of all prepaid Commercial Cards will be fully settled and paid on each applicable payment date. The Moola applies the Customer's payment to categories of balance in the following order:

(a) Fees and charges.
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(b) Cash advances; and
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(c) Purchases
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9.5 Charges will be applied on Cash Advances and purchases at the rate set out in the Schedule of Charges.
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9.6 The Moola may automatically deduct all or part of financial obligations on cardholder from any accounts, funds or deposits that belongs to cardholder without the need for any prior notice or warning for taking any required action for the recovery of the outstanding dues. No objection from the cardholder shall be accepted regarding the conduct of this deduction whatever the cause was.
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9.7 If the Customer disagrees with any charge or other sums & or transactions indicated in the monthly statement, the same should be communicated to the Moola within thirty (30) days of the statement date, failing which the Customer shall not be entitled to query the charge or transaction.

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10. Cancellation of a Commercial Card and terminating the Terms and Conditions
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The cardholder has the right to request cancellation within 10 days after receiving the card and the Moola does not have the right to deduct any fee unless the card gets activated.
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10.1 Commercial Cards remain the property of the Moola and the Moola may suspend or cancel a Commercial Card or Commercial Card Account at any time for any reason without prior notice but shall inform the Customer of such suspension or cancellation as soon as reasonably I practicable.
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10.2 The Moola will cancel a Commercial Card upon receipt of:

(a) a written request from the Customer; or
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(b) a call to Moola’s helpdesk or call-center from the Customer or a Cardholder or anyone with a Delegation of Authority, requesting to cancel a Commercial Card.

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11. Consequences of canceling a Commercial Card
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Upon cancellation of a Commercial Card:

(a) all amounts outstanding on the Commercial Card will become immediately due and payable by the Customer.
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(b) The Customer shall be responsible for all costs, charges and any expenses incurred by the Moola in recovering any amounts outstanding including legal fees on a full indemnity basis.
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(c) termination of the Terms and Conditions shall be without prejudice to any claims or rights of action of either party accrued prior to termination; and
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(d) The provisions of these Terms and Conditions shall continue to apply in relation to all sums due from either party to the other until they have been paid in full.

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12. Right to Set-off
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12.1 The Customer hereby authorizes the Moola to, without notice, combine or consolidate the amount outstanding on the Customer's Commercial Card Account from the account which the Customer maintains with the Moola and set off or transfer any monies standing to the credit of the Customer's other accounts in or towards satisfaction of the Customer's liability to the Moola under these Terms and Conditions.
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12.2 In the event of the Customer's insolvency, liquidation, or any attachment of the Customer's assets by a creditor or of a Cardholder's bankruptcy or Cardholder's death all outstanding amounts are immediately due and payable and, the Customer and Cardholder will immediately cease the use of such Commercial Cards and return it or them to the Moola and pay any amount that may be outstanding under these Terms and Conditions.

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13. Delegation of Authority and System Administrators
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13.1 The Customer authorizes the Moola to rely upon and act in accordance with any notice, instruction or demand or other communication which may from time to time be, or purport to be given by telephone by the Cardholder or individual with a Delegation of Authority or by a system Administrator through the Commercial Card Portal (the "Instructions") without any enquiry on the Moola's part )as long the instructions received through the channels that the customer has provide Moola with)including, without prejudice to the generality of the foregoing, as to the authority or identity of the person giving or purporting to give the Instructions and regardless of the circumstances prevailing at the time of receipt of the Instructions. The Moola shall be entitled to treat the Instructions as fully authorized by and binding upon the Customer and the Moola shall be entitled to take such steps in connection with or in reliance upon the Instructions as the Moola may consider appropriate, whether the Instructions include instructions to pay money or otherwise to debit or credit any account, or relate to the disposition of any money, securities or documents, or purports to bind the Customer to any agreement or other arrangement with the Moola or with any other person or to commit the Customer to any other type of transaction or arrangement whatsoever, regardless of the nature of the transaction or arrangement or the amount of money involved and notwithstanding any error, ambiguity, misunderstanding or lack of clarity in the terms of the Instructions. The Moola is not obliged to accept and act upon the Instructions which include the following:

(a) a change in mandate;
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(b) a change in Delegation of Authority;
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(c) a change to authorized signatory; and
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(d) giving power of attorney to another person/entity.
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13.2 In consideration of the Moola acting in accordance with the terms of the Instructions the Customer hereby irrevocably undertakes to indemnify the Moola and to keep the Moola indemnified against all losses, claims, actions, proceedings, demands, damages, costs and expenses incurred or sustained by the Moola of whatever nature and arising out of or in connection with the Instructions

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14. Notices and demand
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Where the Moola gives any notice to or makes any demand on the Customer such notice or demand shall be deemed properly served if served upon the Customer at the billing address on record with the Moola

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15. General
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15.1 The failure of a party to exercise or enforce any right conferred upon it by these Terms and Conditions shall not be deemed to be a waiver of any such right or operate to bar the exercise or enforcement of it any time or times after the failure.
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15.2 If any provision of these Terms and Conditions is or proves to be or becomes illegal, invalid or unenforceable, in whole or in part, under any enactment or rule of law, such provision or part shall to that extent be deemed deleted from these Terms and Conditions and the legality, validity and enforceability of the remaining provisions of the Terms and Conditions shall not be in any way affected
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15.3 Without prejudice to the Moola's rights to apply any previous agreements and/or documents relating to other outstanding amounts due to the Moola, these Terms and Conditions supersede any similar agreement with the Moola in connection with the issue or use of any existing Commercial Cards.

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16. Amendment and Variation
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16.1 The Moola reserves the right to, at any time, to vary or amend these Terms and Conditions or to introduce new Terms and Conditions. Any such variations or amendments will become effective and binding on the Customer upon 30 days' notification to the Customer by any means the Moola deems fit, including being posted to the Moola's website at https://moolatest.xyz. If the Customer is unwilling to accept any such variations or amendments, the Customer must return the Commercial Cards to the Moola for cancellation. The Customer will indemnify the Moola (notwithstanding any termination of these Terms and Conditions) against Card Transactions of the Commercial Cards prior to the return of the Commercial Card to the Moola.
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16.2 Notwithstanding clause 16.1 above, the Customer hereby agrees and confirms that the Moola may make any amendments to these Terms and Conditions without complying with clause 16.1 above where such amendments are, in the Moola's sole opinion, required in order to comply with any law or regulation and any such amendments shall become effective immediately without any prior notice to the customer.

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17. Governing law
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17.1 These Terms and Conditions and any non-contractual obligations arising out of or in connection with these Terms and Conditions are subject to, shall be governed by the laws of the Kingdom of Saudi Arabia.
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17.2 Each of the Customer and the Cardholder agrees that the Moola may carry on collection procedures in any juris- diction of its discretionary election, including any jurisdiction within which the Customer and/or the Cardholder may be found resident or domiciled from time to time.

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18. Customer Information
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18.1 The Customer irrevocably agrees that the Moola may transfer or subcontract the provision of any part of ser- vices provided to the Customer to any third party including to an affiliate of the Moola whether or not that third party operates in another jurisdiction or territory. The Moola shall remain liable to the Customer for any recoverable loss or damage incurred by the Customer as a result of the negligence, breach or default of any such third party and will require that any such third party will be required to maintain the confidentiality of any such information to the same extent as the Moola.
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18.2 The Customer and the Cardholder authorizes the Moola to disclose information concerning the Customer's Commercial Card Account and the Cardholder to such per- sons as the Moola may see fit, including any member of the Moola and any regulator or other authority applicable to it or other Moolas or financial institutions where the Customer has failed at any time to pay sums when due.
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18.3 The Customer authorizes the Moola to obtain and collect information as deemed necessary in regard to the Company, the Company accounts and facilities with other financiers, credit checks through Saudi Credit Bureau ("SIMAH"), Bayan Credit Bureau ("Bayan") and through Al-Elm Information Security Company ("Elm") and to dis- close the Company information to SIMAH, Bayan, Elm and to our authorized collection agencies or to any other agency approved by SAMA.
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18.4 The Moola shall have the right at its absolute discretion to transfer, assign, and sell in any manner, in whole or in part any amount outstanding in relation to the Customer's Commercial Card Account. The Customer hereby authorizes Moola to appoint collection agents for the recovery of outstanding amounts. The Customer shall be liable and responsible for the payment of all the costs of collection of dues, legal expenses, fees, and outstanding amounts, should it become necessary to refer the matter to a collection agency or to a legal recourse to enforce payment.

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19. Complaints
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If the Moola does not deliver the standard of service expected or if the Customer or a Cardholder thinks that the Moola has made a mistake, the Customer and/or the Cardholder should immediately notify the same to the Moola. The Moola will then investigate the matters and, if necessary, set about putting matters right as quickly as possible. In addition, the Moola will take steps, where appropriate, to prevent a recurrence. The Customer and/or the Cardholder should allow the Customer's Relationship Manager, or the Manager of the department concerned, the first opportunity to answer any concerns and put matters right.

20. Moola Portal
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20.1 The Moola is not responsible or liable for any loss, damage suffered or incurred of whatsoever type in relation to the Moola Portal, including any availability or unavailability of any service offered through the Moola Portal or any errors inaccuracy or omission of any data of information.
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20.2 Moola may vary the amount of the relevant fee pay- able at its discretion, but any change will only be effective after notice has been given to the Customer in accordance with these Terms and Conditions.
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20.3 The Customer and the Cardholder agree that the Moola will supply details of the Customer and/or Cardholder and any transactions completed using the Commercial Card to a third party for the purpose of providing Moola Portal which may include information being shared with our service provider wherever located.
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20.4 The Customer agrees that additional terms and conditions may apply to the use of Moola Portal, as detailed in the Product Guide.

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21. Commercial Card Features
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Please refer to the Moola's website at https://moolatest.xyz for details of the Commercial Card Features available. Separate terms and conditions apply to the Commercial Card Features which may be amended by the Moola from time to time. Moola is not liable for representations or commitments to the Customer, or a Cardholder made by third parties, including any Moola alliance partners. Moola will mention on its website if any Commercial Card Feature is made available by a third party.

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22. Declaration by Card Applicant
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The customer hereby acknowledges that all the information and particulars he/she has mentioned herein are true and correct, and further undertakes to notify Moola in writing of any change or alteration to the said information and particulars. Failing to do so, the card applicant assumes full liability for any and all potential consequences. The card applicant acknowledges that he/she has read and fully understands the terms and conditions cited in this form and related attachments and agrees on it. "The card applicant also confirms that he/she will use the commercial card for business purposes only.