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Welcome to 3edeti! The information below (together with the documents referred to therein) informs you of the terms and conditions (the Terms) which apply when you make transfers, request amounts or otherwise utilize the services (the Services) of our 3edeti mobile application (the Application).
 
Please read these Terms carefully before utilizing the Application. If you have any questions relating to these Terms please contact before you utilize the Application. By setting up your 3edeti account and/or otherwise utilizing the Services through the Application, you confirm that you accept to be bound by these Terms.
 
1. INFORMATION ABOUT US
 
The Application is owned and operated by the Shared Electronic Banking Services Company (K.S.C.C) (KNET), a company registered at the Ministry of Commerce and Industry in Kuwait with registration number. The terms “we”, “our” and “us” in these Terms refer to KNET. As a user of the Application, you may contact us by email at
 
2. PURPOSE
 
Our objective is to enable you to send money to and receive money from your friends, family and acquaintances through the Application during eid celebrations and on other occasions. When you send or receive money through the Application, we shall act on behalf of the transferor and the transferee only to conclude the transfer through our Application and to manage your experience throughout the transfer process. Once you have requested or placed a transfer request through the Application, the transferred amount shall be transferred at the time the transfer is accepted by the recipient who has to be a registered user of the Application.
 
3. YOUR ACCOUNT
 
Before you can make transfers using our Application, you need to download the Application and then register and open a 3edeti account. When you open an account you will need to provide (i) your name, (ii) your email address, (iii) your mobile phone number, (iv) your gender, (v) your date of birth, (vi) your Civil ID details.  You will also need to create a six-digit PIN number and you may also enrol your fingerprint to link to your PIN number. All information you provide must be true and correct. [ASAR NOTE:  With respect to requiring a date of birth be provided, WE NOTE that section 1.8 of the “high level user story” document appears to contemplate children as young as 13 using the application.  of potential significance, the age of majority is twenty-one under the Kuwaiti Civil Code and contracts concluded with persons who are less than such age are either void or voidable in certain circumstances. In this regard, every person who has not completed seven years of age is deemed to be irrational and all his/her actions shall be null and void; actions made by minors who are between seven and twenty-one years old are generally valid if they are purely advantageous to the minor and are null if they are to his/her utter detriment. Acts which lie between detriment and benefits are voidable unless ratified by the minor’s guardian or the minor when he/she reaches the age of twenty-one (i.e. the age of majority). If this is a concern, consideration should be given to requiring users to be at least twenty-one years old before using the application OR REQUIRING AN ADULT TO OPEN THE ACCOUNT ON BEHALF OF the CHILD. IN SUCH CASE THE ADULT WILL BE RESPONSIBLE FOR SUCH ACCOUNT AND THE ACTIONS OF THE CHILD IN USING THE ACCOUNT AND THE APPLICATION.]
 
Please also see Clause 10 below where we set out how the personal information will be used generally. As required by Kuwaiti laws, the collection/utilization of personal information as well as the purpose of collecting/utilizing personal information must be agreed to by the data subject.]
 
After registering your account, you will also be required to provide the details of at least one KNET card from which users are to send and receive amounts through the Application. A particular KNET card can only be registered on one device utilizing the Application but one user may utilize multiple KNET cards in their 3edeti account. By linking a particular KNET card to your account, you warrant that the details of such card (including the phone number to which it is linked) are true and correct and that you are authorized to utilize such card on the Application. A QR code will be provided in conjunction with each KNET card on the Application and you will have the option to save the QR code for sharing purposes. These Terms are provided in addition to and should be read in conjunction with the terms and conditions of use which are applicable to KNET cards generally.
 
To verify that a KNET card linked to the Application is valid, a small amount of Kuwaiti Dinars (KWD) may be deducted from such card but such amount will be promptly refunded following verification.
 
Users may also create a virtual 3edeti card for sending and receiving amounts over the Application and such 3edeti card will be linked to the mobile number which was used to register on the Application. Similar to that required for KNET cards, users will be required to have a PIN linked to their 3edeti card; such PIN may be changed through the Application. Users may transfer amounts between their 3edeti card and KNET card(s) through the Application. You will not be entitled to any interest on funds held on your Application account. [ASAR NOTE:  ARE ANY PARTICULAR / SEPARATE TERMS TO APPLY TO 3EDETI VIRTUAL CARDS?  ARE THESE VIRTUAL CARDS TO BE REGULATED SIMILAR TO KNET CARDS?  PLEASE ADVISE.]
 
You must keep your login details secret, take all appropriate security measures to maintain such secrecy and otherwise prevent third parties from accessing your 3edeti account. If an unauthorized person uses your account, you shall be responsible to pay for any Services they order (including transfers sent), and we are not responsible for any losses you may suffer, unless the unauthorized person using your account obtained access to it because we did not keep your account secure. We are under no obligation to verify the identity of anyone using your account beyond requiring the login details you have provided are completed accurately. Although we will use our reasonable efforts to assist in resolving suspected illegal activities with the appropriate authorities, it is your responsibility to notify us and the appropriate authorities if you believe your account has been tampered with, hacked, or otherwise accessed in any way by any unauthorized person.
 
You may close your account at any time by requesting to do so in your account section of our Application or by contacting us using the contact details provided in these Terms. We may suspend your account, or close it permanently, if we believe that your account has been used by someone else or used contrary to these Terms or applicable laws or if we consider such actions as appropriate to protect our or our other customer’s interests. We may also suspend or close your account if we learn that you are less than twenty-one years old [ASAR NOTE: SEE OUR COMMENTS ABOVE ON THIS ISSUE.] or if, in our opinion, you are abusing our Application (for example, by repeatedly applying for refunds or credit to which you are not entitled, by making repeated unreasonable complaints, by mistreating our staff, or any other good reason which we may determine in our sole discretion).
 
4. MAKING A TRANSFER
 
To make a transfer, after you log into your account, you will be asked to select a card from which to make the transfer. The transferor will then be required to provide the name(s) and mobile number(s) of the intended recipient(s) and this information can be obtained through a phone’s saved contacts or through a scanned QR code.
 
Such data will be used by us to identify the intended transferee(s); accordingly, it is your responsibility to provide accurate transfer information so that your expectations can be met. Before any amounts are sent or received, the transferor will be required to confirm the transfer on the application utilizing the appropriate PIN number in addition to inserting the details of a OTP received via SMS on the transferors registered mobile number; if such feature has been set up, a finger print identification may also be required.
 
The Services are only available with respect to Kuwaiti mobile telephone numbers and transfers sent through the Application can only be received by other registered users of the Application. Such recipient will be able to see the details of the transferor as well as the transfer itself (transfer amount, date, etc). Transfers can either be accepted or rejected by transferees. If the intended transferee is not a registered user of the application, attempted transfers will remain as pending until the pending transfer expires after [●] [ASAR NOTE:  PLEASE ADVISE ON THE TIMING FOR PENDING TRANSFERS TO EXPIRE] from being sent or until the intended transferee registers an account and either accepts or rejects the transfer. Transfers sent to mobile numbers which are not registered with the Application will trigger a push notification and/or an SMS message being sent to such unregistered mobile number asking the intended transferee to register with the Application to complete the transfer.
 
If a transfer is accepted by a transferee, we shall send you a notification if your transfer has been accepted by the recipient. Transfers sent and requests made through the Application within the last 30 days and the status of such transfers can be reviewed through the Application. A transfer can be cancelled by the transferor at any time before the transfer is accepted by the recipient. You are responsible for all transfers made using your 3edeti account and for any related charges.
 
We shall only process transfers where you have free, clear and available funds in your account. We may also reject, suspend or cancel any transfer which, in our reasonable discretion, may be deemed contrary to these Terms or any applicable statutory or regulator legislation. If we refuse to process a transaction, we will make reasonable effort to inform you of the reason for our refusal. You agree that we shall not be liable for any late charges, penalties, losses damages, expenses, whether direct or indirect, incurred or to be incurred by you in relation to a transfer we have refused to process.
 
5. SERVICE AVAILABILITY
 
Although we shall endeavour to keep the Application available at all times, we do not guarantee that the Application will always be available and the Application may sometimes experience periods of downtime such as while we perform maintenance or when we update the Application. We will endeavour to inform you of any planned downtime in advance of the same.
 
6. SPECIAL OFFERS
 
From time to time, we may sometimes make special offers available through the Application. These offers are available in our discretion and unless the offer terms state a fixed or minimum period for which an offer shall be available, the offer can be withdrawn at any time. [ASAR NOTE: According to the Kuwaiti Consumer Protection Law, special offers should be made pursuant to a license issued by Ministry of Commerce and Industry.]
 
7. YOUR RIGHTS IF SOMETHING IS WRONG WITH THE ORDERED SERVICES
 
You have a legal right to receive Services which comply with their description. If you believe that the Services you have been provided do not comply with these legal rights, please let us know by contacting us at [ASAR NOTE:  Email address AND/OR telephone for COMPLAINTS to be received.  FURTHER, WILL USERS BE ABLE TO REPORT ISSUES THROUGH THE APPLICATION ITSELF?  IF SO, THIS SHOULD ALSO BE PROVIDED FOR IN THESE TERMS.]
 
Although we may do so in our reasonable discretion, under no circumstances will we or the relevant beneficiary of a transfer be required to reimburse you for any amount relating to or arising from any faulty Service [●] days after such Service (including the making of transfers) has been completed. [asar note:  please confirm the APPROPRIATE period.]  
 
8. OUR RESPONSIBILITY FOR LOSS OR DAMAGE THAT YOU SUFFER
 
In no event shall we be liable (whether in contract, warranty, tort (including negligence or product liability), or otherwise) to you or any other person for an amount in excess of the amount transferred in a particular transaction through the Application or the delivery/non-delivery of the Services or in relation to how the Services may have been provided, or for any loss of profit, revenue, business, or data or punitive or consequential damages.  We shall not have any liability whatsoever for transfers made based on your instructions or transfer which were concluded between you and any recipients without utilizing the Application.
 
We are not responsible for any loss or damage caused by us that is not a foreseeable result of your use of the Application or for loss or damage caused by your failing to use reasonable care and skill in relation to your use of the Application. We are also not responsible for any loss or damage which results from your breach of these Terms, which results from any IT hardware/software failure (including loss of connectivity) or which is caused by another user of the Application.
 
If you seek to raise a claim for loss or damage caused by the recipient of a transfer, you agree that such claim shall be raised against the recipient only and not against us. [ASAR NOTE:  Although this highlighted language may not be enforceable if challenged before a Kuwaiti court, it may still be practically useful to reduce the claims which are raised against KNET.] 
 
We do not exclude or limit our responsibility to you for loss or damage where it would be unlawful to do so. This includes any responsibility for death or personal injury caused by our failure to use reasonable care and skill or for fraud or fraudulent misrepresentation arising solely and directly from our provision of the Application.
 
Although we will endeavour to ensure that the Application, its contents and its services are accurate, up to date and free from errors, the Application, its contents and its services are provided on an “as is”, “with all faults” and “as available” basis and you agree that your utilization of the Application is at your own risk. We do not provide any warranty or guarantee in connection with the Application, its contents and its services, including by way of example, that it will always be available or that it will be free from errors or that it is suitable for any particular purpose and expressly decline any such warranties and guarantees to the maximum extent permitted by law.
 
9. INDEMITY
 
You agree to indemnify and hold us harmless from any loss, liability, claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Application in violation of these Terms as well in relation to your negligent/fraudulent actions.
 
You agree and acknowledge that this indemnity shall remain valid and shall endure even after you close your account or after you cease to use or otherwise delete the Application.
 
10. DATA PROTECTION
 
We collect and process your personal data in accordance with our Privacy Policy which can be found here [●] and which may be amended from time to time.  It is your responsibility to review the Privacy Policy and by utilizing the Application, you consent to the terms of such policy. [ASAR NOTE:  Will the Application be subject to a separate privacy policy?  If not, then this language can be deleted and you will be required to set out the intended use/purpose of any personal data collected in these T&Cs pursuant to Article 32 of THE ET Law.  WE HAVE PROVIDED SOME LANGUAGE TO REFLECT POSSIBLE USE OF THE PERSONAL INFORMATION. Please let us know if purposes mentioned below are not applicable or if any other purposes should be provided for.]
 
We collect and utilize your personal data so that we may enhance the quality of the services which we provide to you generally and for the following purposes in particular:
 
• verifying your identity
• verifying compliance with these Terms;
• guarding against any illegality, fraud and/or abuses of these Terms;
• improving the Application;
• processing transfers;
• sharing transfer details with transferees;
• making offers; and
• targeted advertising.
 
[ASAR NOTE:  Are any other uses of personal information contemplated (e.g. sharing information with affiliates or selling such information to third parties?).  If so, these will need to be set out ABOVE OR IN ANY PRIVACY POLICY WHICH IS TO APPLY.]
You consent to our collection and use of your personal data for the above purposes.
 
11. INTELLECTUAL PROPERTY
 
Nothing in these Terms or the Application itself shall grant you any right, title or interest in any of our intellectual property rights, including (but not limited to) the 3edeti trademarks and software of the Application, whether or not such rights are registered, which shall remain our exclusive property at all times.
 
You may not, and may not authorize any person to: reproduce, alter, modify, create derivative works of the Application; reverse engineer, disassemble, decompile, transfer, exchange or translate the Application or otherwise seek to obtain or derive the source code or API (being any applicable application programming interface with a set of functions and procedures allowing the creation of applications that access the features or data of an operating system, application, or other service), or attempt to do any of the aforementioned.
 
12. NOTICES
 
You agree to receive any notifications which we or another user may provide through the Application, your mobile number or your email address. If such notifications result in charges imposed by a third party (e.g. mobile phone data charges), you shall be solely responsible for such charges. [ASAR NOTE:  Pursuant to the ET Law, persons are not obligated to deal by electronic means unless they have agreed to this.]
 
13. OTHER TERMS
 
Other than as set out herein, if either we or you have any right to enforce these Terms against the each other, that right shall not be lost even if the party which has the right delays enforcing it, or waives their right to enforce it in any instance. 
 
If a court or other authority decides that any part of these Terms is illegal or unenforceable, the rest of these Terms shall be unaffected and shall remain in force.
 
We may amend these Terms from time to time. If we make any changes which affect your rights in relation to our Application, we shall notify you and these amended Terms shall be enforceable the next time you utilize the Application. Amendments to the Terms shall not affect any completed transfers you have placed prior to the amendments being imposed.
 
You shall not be entitled to assign your 3edeti account or any rights/obligations connected therewith to any third party.  You agree that we shall be able to assign any and/or all of our rights and obligations in connection with these Terms to any third party in our sole discretion.
 
Any dispute arising out of or in connection with the use of the Services and these Terms, including any question regarding their existence, validity or termination, shall be subject to the exclusive jurisdiction of the Courts of Kuwait. This agreement shall be governed by and construed in accordance with the laws of Kuwait.