Please read these Terms of Use carefully

These terms of use (along with our privacy policy, cookies policy, and other policies as updated or changed in our sole discretion from time to time) set out the terms and conditions for your access and use of the Comera Pay App, Website, and Services and they are a legally binding agreement between you (“you”, “your”, “Customer”, or “User”) and Comera Pay (the “Agreement” or “Terms” or “Terms of Use”)

Comera Pay L.L.C. (“Comera Pay”, “we”, “us” or “our”) is a limited liability company established under the laws of the United Arab Emirates (“UAE”) under registration number CN-5290872. Our registered office is at Masdar City, Abu Dhabi, PO BOX 130666

We are regulated by the UAE Central Bank to provide Stored Value Facilities and carry out certain Payment Services.

The term “Account“ means the account associated with your email address and mobile number and through which you may utilize the Platform.

The Comera Pay App provides the payment related services detailed in these Terms to Customer (together with the Comera Pay App and Website, the “Services”). We ask you to please read these Terms carefully to properly understand your obligations and customer rights in relation to our Services.

BY USING, DOWNLOADING, ACCESSING, OR ENGAGING WITH THE SERVICES, INCLUDING ACCOUNT CREATION, YOU CONSENT TO ADHERE TO THESE TERMS. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, YOU MAY NOT USE OR ACCESS THE SERVICES. YOUR ACCESS AND USE OR ATTEMPT TO USE OUR SERVICES CONSTITUTES YOUR AGREEMENT TO BE BOUND BY THESE TERMS OF USE. SHOULD YOU FAIL TO FOLLOW ANY OF THESE TERMS, WE RESERVE THE RIGHT TO IMMEDIATELY DEACTIVATE YOUR ACCOUNT AND PREVENT YOUR ACCESS TO THE COMERA PAY APP AND WEBSITE, BARRING YOU FROM CREATING A NEW ACCOUNT OR ACCESSING THE COMERA PAY APP AND WEBSITE AGAIN WITHOUT OUR EXPLICIT APPROVAL.

Please note that we have prepared specific terms and conditions which govern some of the other related products and services that may be available to Customer via the Comera Pay App. This includes the Mobile Auto-Debit Payment Services: Should you wish to access and review these terms and conditions, please see the Wallet Auto-Debit Terms of Service.

1. HOW TO CONTACT US

If you have any question about the Services, Customer Account, these Terms, the Comera Pay App, Website, or our Privacy Policy or Cookies Policy, please visit our FAQs or if the answer is not there, please get in touch with us via the Comera Pay App or by emailing us at privacy@comerapay.com

2. ELIGIBILITY

Once Customer have downloaded the Comera Pay App, we need to set up Customer Account before Customer can fully access the Services.  In order to provide Customer with an Account, Customer must prove Customer are eligible by providing correct and up to date information demonstrating the eligibility requirements that we and applicable laws require.

To be eligible for an Account, Customer must be:

• Age: Customer must be at least 18 years of age or higher based on the age of majority in Customer jurisdiction.
• Location: Customer must be a resident of the UAE, or an authorized jurisdiction as designated by ComeraPay in writing (“Authorized Territory”).

To ensure you meet our requirements, you are required to submit your Emirates ID and any additional documents we might ask for. Additionally, we need you to provide a real-time video of yourself using the camera and microphone on your device through the Comera Pay App to confirm your identity. For details on how your personal data is used to set up your account, please refer to our Privacy Policy.

3. COMERA PAY SERVICES

Once an Account has been opened, Customer will be able to hold, send and receive funds through the Comera Pay App, the Website, or by using a Virtual Card where one has been issued to Customer. The Services available to Customer include:

• Sending and Receiving Payments to other Accounts: Customer may send payments to any other Account user and Customer may receive payments to Customer Account from any other Account user.  Customer may also make “cash gifts” to other Account users which allows Customer to send a payment to another Account user, or a group of Account users which can then be split between the Account users based on Customer instruction.  Customer may also be in receipt of a “cash gift” from another Account user based on their instruction.
• Making domestic and international transfers: Customer may send payments from Customer Account to recipients located in the UAE or internationally. Please refer to Clause 6 of these Terms regarding International Transfers.
• Making Purchases: Customer may make purchases from certain participating merchants (“Merchants”) using our e-commerce service, the QR Code feature (which will require access to the camera on Customer device) of the Comera Pay App.  A full list of participating Merchants is accessible on the Comera Pay App. Customer may also avail of our Green Points Comera Pay loyalty program to receive discounts on any purchases through the Comera Pay App as well as discounts for mobile top-up or payment. Where applicable, Customer may also make purchases from third party sellers using a Virtual Card, provided the third-party seller accepts payments via the card scheme connected to that Virtual Card. Any shipping or delivery services for goods purchased will be provided by the Merchant directly.
• Remittance Services (including International Transfers), Customer can send remittance payments to individuals domestically and internationally.  Users must comply with all applicable laws and regulations, including anti-money laundering (AML) and combating the financing of terrorism (CFT) requirements and as further set forth in these Terms. To comply with global AML/CFT regulations, Customers may be required to provide additional identification, information about the source of funds, and the purpose of the transaction. Comera Pay and its third-party service providers reserve the right to delay or refuse transactions that fail to meet compliance standards. Exchange rates and fees will be disclosed at the time of transaction. The service is subject to transfer limits and may require additional verification processes. Remittance Services
• Prepaid Cards Comera Pay offers prepaid cards that are loaded with funds for future use. Cards are subject to activation and usage fees. The balance on the prepaid card does not earn interest. Users must safeguard their card and report any unauthorized transactions immediately. The prepaid card is subject to expiration, and terms for renewal or unclaimed funds will be provided.
• Peer-to-Peer (P2P) Transfers Users can make P2P transfers to other Comera Pay users. Users are responsible for providing accurate recipient information. Transactions are irreversible once initiated, unless returned by the recipient’s bank. Limits may apply to the amount and frequency of transfers. Users must not use P2P transfers for illegal purposes, including fraud and money laundering.
• Value-Added Services (VAS) Comera Pay provides VAS including mobile top-ups and bill payments, available for both domestic and international services. Fees and service charges for VAS are disclosed at the time of transaction. The availability of services may vary based on the recipient’s location and service provider. Users are responsible for providing accurate payment details.

Please note that when Customer buy something from a Merchant or third-party seller using Customer Comera Pay Wallet or a Virtual Card and the transaction is ultimately refunded, the payment will typically be refunded to the original payment method Customer used for the transaction. Refunds to the balance of Customer Comera Pay Wallet will generally be processed within one (1) business day. Refunds to other cards linked to Customer Account will generally be processed within fourteen (14) business days, however in certain instances the refund may take up to thirty (30) business days.

• Paying Bills: Customer may pay a bill owed or request any other Account user pay the bill for Customer.  Alternatively, Customer may be requested by another Account user to pay a bill for them.
• Adding or Removing Value: there are a number of ways in which Customer may top up the balance of Customer Account or remove value from Customer Account, in addition to those listed above.  This includes through:
  • a bank transfer to or from Customer nominated bank account.
  • a payment instrument, such as a debit or credit card (we accept payments using Visa and MasterCard credit/debit card in AED (or any other agreed currency);
  • a cash payment via a Comera Pay designated kiosk.
  • depositing or withdrawing cash from at a Merchant’s premises (note this is not available at every Merchant); and
  • where Customer employer has subscribed to the UAE Central Bank’s Wages Protection Scheme, Customer can also top-up by choosing to receive Customer salary directly into Customer Account.
• Messaging Other Users: strictly ancillary to certain of the above Services, Customer may be able to send messages to other Account users if linked to the performance of one of the above Services.

The Services are subject to the provisions of these Terms.  We retain the right at all times to disable the Account and Customer access to the Comera Pay App if Customer breach these Terms.

4. USE OF CUSTOMER COMERA PAY ACCOUNT

When using Customer Account, Customer agree to comply with the following provisions:

• Personal Use: Customer Account may only be used for personal use and shall not be used for business or other purposes.
• Customer Device and Customer Account: Customer will only have one Account and it will be registered to the device Customer own and have the full rights to use.
• Instructions: Customer must always ensure that the instructions Customer give us with respect to Customer Account are correct, clear, and lawful.  We will act on Customer instructions in relation to Customer Account, unless:
  • we have reason to believe that an instruction:
    • has not been made by Customer;
    • is ambiguous or unclear;
    • is in violation of the law; or
    • has been made with fraudulent or criminal intent;
  • we are otherwise required by law; or
  • Customer have breached these Terms.

Where Customer use a Virtual Card to make a payment, we will consider that the payment has been authorized by Customer unless Customer let us know that the money has been stolen from Customer Account.

• Hold Payment: we may hold a payment instruction if we reasonably consider it necessary to do so to protect Customer or Customer Account (for example, as a result of the payment exceeding a fraud-related limit) or if we are required to do so for legal reasons.
• Inform Customer: we will get in touch with Customer as soon as possible if we have refused to act on Customer instruction or held a payment instruction for a period of time, unless we are not allowed to for legal reasons.
• Currency: the currency applied to the use of the Services, including holding funds in Customer Account, will be UAE Dirham (AED). However, if Customer want to send money in a different currency, we will apply the currency conversion rate that applies at that time and let Customer know what that rate is in advance.
• Value and Transaction Limits: we have the right to impose a limit on the amount of money being used with respect to any of the Services. For example, we can impose a limit on the amount of money held in Customer Account at one time.

Currently, the limits applicable to Customer account are as follows:

• For all Consumer accounts: comerapay.com/consumer-accounts

We reserve the right to amend the account and transaction limits at any time, by prior written notice.

• Other Account Users: Customer can identify and connect with other Account users through the following channels: (i) providing us access to Customer contact list(s) (as discussed further in the Privacy Policy); (ii) scanning the QR code of another Account user; (iii) searching for other Account users using their mobile numbers; and (iv) searching for other Account users using their Comera Pay IDs. Please note that before Customer connect with other Account users, we may need to verify their identity.

5. VIRTUAL CARD

We may, at our sole discretion, issue Customer with one or more Virtual Cards which will be linked to Customer Comera Pay Account.

Customer can use a Virtual Card to make payments. However, a Virtual Card is not a credit card. Customer can therefore only make purchases up to the total amount held in Customer Account.

6. INTERNATIONAL TRANSFERS

Comera Pay allows Customer to send an international money transfer (an “International Transfer”) to individuals located in certain countries offered by us from time to time (the “Recipient”), for collection in cash, or directly into their international bank account or digital wallet (“Collection Method”).

• Cash Collection. In order for the Recipient to collect the International Transfer in cash, they must provide the reference number and certain information about themselves, Customer as the sender, and the International Transfer. Customer must give the correct details regarding the International Transfer to the Recipient and ensure such details are kept safe and secure, and not disclosed to any other party than the Recipient.
• Expired Transfers. If Customer choose cash as the Collection Method, and the Recipient has not collected the International Transfer amount within 90 days of the transfer request, we will treat the International Transfer as expired and we will have no obligation to execute the International Transfer. In such circumstances, Customer will be entitled to a refund of the amount of the International Transfer to Customer Comera Pay Wallet and Customer should contact us on 800 266372 to process Customer refund. We aim to process refund requests promptly, and in any event within 30 days. Any fees paid by Customer in connection with the International Transfer will not be refunded.
• Limits. There are limits on the amount Customer are able to send via International Transfer. These limits will be displayed on the Comera Pay App.
• Timing. For information on the estimated time of arrival of an International Transfer to a Recipient’s bank account or digital wallet, Customer will need to contact the Recipient’s account provider.
• Currency. International Transfers are debited from Customer Comera Pay Wallet in AED and exchanged into the currency Customer selected when initiating the International Transfer. Customer may only send money in the currencies offered by us in our sole discretion from time to time.
• Third Parties. We may process Customer International Transfer request through a third party that we partner with from time to time. Customer agree to us sharing information with such third parties for the purpose of processing the transaction and paying out funds to the Recipient.
• Cancellation. Customer do not have the right to cancel an International Transfer. However, we may be able to cancel it before the Recipient receives or collects the funds. If Customer wish to cancel the International Transfer, Customer must contact us as soon as possible at 800 266372. We aim to process such requests promptly, but we cannot guarantee that cancellation is possible. Any fees paid by Customer in initiating the International Transfer will not be returned in the event the cancellation request is successfully cancelled and the funds are returned to Customer.
• Compliance. In accordance with our regulatory obligations, we screen all International Transfers for compliance with applicable laws and regulations. We may request additional information concerning Customer, the Recipient, and the purpose of the International Transfer. The International Transfer may not be processed until such information has been provided to us.

• By using Comera Pay’s International Transfer Services, Customers agree to comply with the terms outlined in this Clause 6 and those of the third-party service provider. Comera Pay reserves the right to modify or discontinue the remittance service at any time, subject to regulatory approvals and notifications to Customers.

• Liability. Comera Pay will not be liable for:
  • rejecting or delaying a request for an international transfer, where we believe in our sole discretion that the International Transfer: (a) is illegal or fraudulent in nature; or (b) will cause a breach of applicable laws, regulatory requirements or our compliance policies and procedures;
  • VAT or other taxes that may be imposed to process the transaction, or any charges imposed by the Recipient’s bank account;
  • loss or delay associated with Customer provision of incorrect Recipient or Collection Method information when initiating an International Transfer; or
  • loss associated with return of the funds due to non-collection of funds by the Recipient.

7. PROTECTING CUSTOMER FUNDS, REFUNDS AND CANCELLATIONS

7.1.      PROTECTING CUSTOMER FUNDS

Funds stored in Customer Account are protected by us in accordance with our UAE regulatory obligations. We do this by placing Customer funds in a dedicated account held with a bank licensed by the UAE Central Bank.

Customer funds will continue to be protected until they are paid out or redeemed by Customer.

7.2. Refund and Cancellation Policy

Amendment

For cash pickup transactions, we can make amendments in the name as per the ID proof provided by the customer. Complete change of beneficiary name is not permitted. In such cases, original transactions need to be cancelled and refunded. To amend the name and account number for bank account and wallet transactions, we will contact the payment processor/processing bank. Amendments may not be possible to the name and account holder and refund is subject to processing bank’s policy.

Cancellation

For cash pickup transactions, if the cash is not picked up by the beneficiary, then sender can raise the request for cancellation. Service charges will not be refunded for cancelled cash pickup transactions. The original send amount will be refunded to the wallet/debit card i.e from where the transaction originated. Refunds for cancelled bank accounts/wallets are subject to refund policy of the processing bank/wallet provider. Refunds for wrongly credited bank accounts wallets are subject to debit authorization from the individual who received funds and also depended on the refund policy of the processing bank/wallet provider.

Refund

Transactions which are cancelled or failed will be refunded automatically back to the customer’s wallet/debit card from where the transaction originated. The turnaround time from refund to the wallet is 24 hrs and to the debit card is 2 working days depending on the cardholder’s banks.

We aim to process your amendment, cancellation and refund requests in line with above, but they are subject to processing bank’s policy.

8. FEES AND CHARGES

Customer will be charged a fee for using certain of our Services. Information on fees is set out in our Schedule of Charges which is available here

9 GENERAL CONDITIONS​

• Applicable Law: Customer must comply with these Terms and all applicable law regarding Customer use of the Services and Website. Customer must also not be prohibited from using the Services in any way due to applicable laws.
• Operating System: the Comera Pay App requires Customer device to be operating with at least version iOS 9 (for Apple devices) and Android 5 (for Android devices) with a minimum of 200 MB of memory.
• Updates: ​When a software update of the Comera Pay App becomes available, Customer are strongly encouraged to download it as soon as possible. Updates are created to improve the Comera Pay App and the user experience. If Customer do not update the Comera Pay App, the software version Customer is using may no longer be supported by us and, over time, will likely depreciate in functionality or even stop working entirely.
• Device Fees: Customer are wholly responsible for all carrier data plan and other applicable fees and taxes associated with Customer device.
• Account Security: Customer are responsible for keeping Customer device, Customer Account and any security codes/passwords safe and secure. Customer should not let another person use Customer device or Customer Account as this could increase the risk of fraud or misuse of Customer Account. Customer must not disclose information regarding a Virtual Card (including disclosure of Customer PIN or any password, as applicable) to any other person. If Customer think Customer have been a victim of fraud or the Services have been used without Customer permission (including if Customer believe that Customer Account has been hacked, compromised or breached in any way), please contact us immediately by telephone at 800 266372, by email at help@comerapay.com, or via the Comera Pay App.
• Unauthorized Transactions: Customer must contact us immediately by email at help@comerapay.com or via the Comera Pay App if there is a transaction on Customer Account that Customer do not recognize or which Customer think is incorrect.
• Deleting the Comera Pay App: Customer must not delete the Comera Pay App until Customer Account has been closed in accordance with these Terms.​

10. ACCEPTABLE USE

​When using the Services, Customer must always do so for legal, authorized and acceptable purposes. When using the Services (which includes the use of any Virtual Card), Customer will not, nor permit any person using or accessing Customer Account, Comera Pay App, or the Website to:

• use the Services in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with or in breach of these Terms.
• violate or infringe the rights of Comera Pay, any of its group companies, our users, or other third parties, including rights in respect of privacy, intellectual property, or other proprietary rights.
• provide false, inaccurate or misleading information.
• engage in any potentially fraudulent or suspicious activity and/or transactions, including receiving money which may be fraudulent or adding money to Customer Account which may be linked to criminal activities;
• refuse to cooperate with an investigation or provide any information we request, including with respect to verifying Customer identity;
• transmit any communication, material or other content that is illegal, obscene, defamatory, threatening, intimidating, harassing, hateful, racially or ethnically offensive, or which could instigate or encourage conduct that would be illegal or otherwise inappropriate, including promoting violent crimes;
• impersonate someone;
• seek to harm Comera Pay, our group companies, or any of our users or customers; or
• access, use, copy, modify, distribute, display, otherwise exploit or prepare derivative works based upon our Services in impermissible or unauthorized manners, or in ways that harm us, our group companies, our Services, systems, users, or others. In particular, Customer must not, nor permit any person using Customer Account, Comera Pay App, or accessing the Website to:
  • reverse engineer, alter, modify, create derivative works from, decompile, or extract code from our Comera Pay App, Website, or Services, except to the extent permitted by law;
  • send, store, or transmit viruses or other harmful computer code through or onto our Comera Pay App, Website, or Services;
  • gain or attempt to gain unauthorized access to our systems or those of our group companies;
  • create accounts for our Services through unauthorized means;
  • collect the information of or about our users in any impermissible or unauthorized manner; or
  • sell, resell, rent, or charge for the use of, our Services.

• use the Services in any manner that could damage, disable, overburden, or impair any Comera Pay server, or the network(s) connected to any Comera Pay server, or interfere with any third party’s use and enjoyment of the Services.

​​​11. USER RESPONSIBILITIES – CONFIDENTIALITY AND SAFEGUARDING OF ACCOUNT

Customer is responsible for all activity that occurs under their account, including any activity by unauthorized users. Customer must safeguard the confidentiality of their account login and password. Comera Pay is not liable for any loss or damage arising from Customer failure to protect their account access information. Should Customer suspect or become aware of any unauthorized use of their account or any other breach of security, Customer must immediately notify Comera Pay at help@comerpay.com Customer is responsible for providing and maintaining accurate and current information for their account, including all required legal documentation for identity verification.

12. LIABILITY

​12.1 GENERAL

​We accept liability where we act on a payment instruction and this is not received by Customer payee’s bank (whether that be a Merchant, another Account holder, or the person/organization to which Customer must pay a bill), except where this is a result of Customers, Customer payee’s, or Customer payee’s bank’s (not with respect to another Account holder) negligence (for example, if Customer included the wrong payee details).

​We also accept liability for any direct losses Customer may suffer as a result of us not complying with our obligations under our Terms with Customer, or as a result of our gross negligence or fraud.

• Comera Pay Authority

 Comera Pay may temporarily suspend or completely cease the function of Comera Pay App, Website, or any of its Services at any time.

Comera Pay will not have any responsibilities against you or any third parties due to the temporary suspension or complete cessation of the Comera Pay App, Website, or any of its Services for any reason whatsoever.

Comera Pay may reject your request to change your Account’s password for an indefinite period of time if Comera Pay deems so necessary in its sole discretion.

Comera Pay may at any time and in our sole discretion prevent you from accessing your Account, suspend or terminate your Account, or restrict any of the Services we provide to any Customer.

Comera Pay does not warrant that: (1) its Services shall be provided on time and in a secure and complete way; (2) the results you obtain from our Services will be correct and reliable; and (3) our Service quality shall meet your expectations.

Comera Pay has the right to back-up and delete all or some of the files and messages which are provided by the Customers during the use of our Services for some periods deemed suitable by Comera Pay in our sole discretion. Comera Pay shall not be held responsible for back-up and delete processes.

Comera Pay may provide additional Services or otherwise change some of the Services partially or completely, or make any change to the Comera Pay App, Website, or our Services in our sole discretion.

The Comera Pay App, Website, or any of our Services may be unavailable at certain times to allow for maintenance and upgrades. Although we will endeavor to notify you in advance of any Service unavailability, this cannot be guaranteed and we reserve the right to perform maintenance or upgrades at any time.

• ​Limitation and Exclusion of Liability

​Notwithstanding any other provision in these Terms, nothing in these Terms shall exclude or limit Comera Pay’s or our affiliates, subsidiaries, directors, employees, partners and agents (together the “Comera Pay Group”)  liability for losses which may not be lawfully excluded or limited by applicable law. Subject to the foregoing, Comera Pay and Comera Pay Group shall not be liable to Customer for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from:

• Customer access to or use of or inability to access or use the Comera Pay App, Website, or Services;
• Any conduct or content of any third party on the Comera Pay App, Website, or Services, including without limitation, any defamatory, offensive, or illegal conduct of other users or third parties;
• any content obtained from the Services;
• unauthorized access, use, or alteration of Customer transmissions or content;
• loss as a result of any failed payment due to insufficient funds in Customer Account;
• losses incurred as a result of abnormal or unforeseeable circumstances outside our reasonable control, including delays or failures caused by problems of another system or network, mechanical breakdown, industrial action, or a pandemic; or
• losses incurred where a law, or guidance or instruction from a governmental authority, requires us to take action, for example to terminate these Terms and close Customer Account.

Whilst Comera Pay will take all reasonable attempts to exclude viruses from the Comera Pay App and Website, it cannot ensure such exclusion and no liability is accepted for viruses. The Customer are recommended to take all appropriate safeguards before accessing or downloading information or any material from either the Comera Pay App or the Website.

Comera Pay does not guarantee that the Comera Pay App, Website, or any of the Services will always be accessible, uninterrupted, timely, secure, error free or free from computer viruses or other invasive or damaging code or that the Comera Pay App or Website will always be accessible, uninterrupted, timely, secure, error free or free from computer viruses will not be affected by force majeure events, including inability to obtain or shortage of necessary materials, equipment facilities, power or telecommunications, lack of telecommunications equipment or facilities, or failure of information technology or telecommunications equipment or facilities.

Comera Pay may suspend or withdraw or restrict the availability of all or any part of the Comera Pay App, Website, or any of the Services for business and operational reasons at any time and shall not be liable for any interruption to the Comera Pay App, Website, or any Service, whether intentional or otherwise. We recommend that you back up any content and data used in connection with the Comera Pay App or Website to protect yourself in case of problems with the Comera Pay App or Website.

Comera Pay is not liable for any failure in respect of its obligations hereunder which result directly or indirectly from failure or interruption in software or services provided by third parties.

Comera Pay is not responsible for the direct or indirect consequences of a Customer linking to any other website from the Comera Pay App or Website and has not approved such linked websites or the material or information available from them. Comera Pay is not responsible for the contents of any website/application pages created and maintained by organizations independent of Comera Pay. Visiting any such third-party website/application pages whether from the Comera Pay App or Website is at your own risk. By using the Comera Pay App or Website, you acknowledge that Comera Pay is not responsible for the availability of or the content located on or through any third-party website pages.

The Comera Pay App and Website have not been developed to meet the individual requirements of the Customer and it is the Customer’s sole responsibility to satisfy themselves prior to entering into any transaction or decision that the Comera Pay App and Website are suitable for its purposes. A Customer in making any financial or other decision based on information in the Comera Pay App or Website accept that they do so exclusively at their own risk and Comera Pay shall have no liability in respect of the same.

For any other losses or damages for which we are found liable, the Comera Pay Group’s aggregate liability towards Customer for all claims during our relationship with Customer shall not exceed AED 500.

​These exclusions and limitations of liability will apply to the fullest extent permitted by applicable law.

​13. CUSTOMER LIABILITY

​To the extent permitted by law, Customer agree to defend, indemnify, and hold harmless the Comera Pay Group from and against all liabilities, damages, losses (whether direct or indirect), and costs (including reasonable legal fees and costs) relating to, arising out of, or in any way in connection with any of the following: (a) Customer access to or use of any of our Services, Comera Pay App, or Website; (b) Customer breach of our Terms; or (c) any misrepresentation made by Customer.

14. COOLING-OFF PERIOD

If Customer decide not to proceed with using the Services, Customer may close Customer Account and terminate these Terms within five (5) business days of agreeing to these Terms. This is known as the “Cooling-Off Period”. Customer can exercise this right by contacting us at help@comerapay.com or via the Comera Pay App. Customer must abide by the Terms in full during the said period and until Comera Pay confirms in writing that the Customer Account is closed.

15. CLOSING CUSTOMER ACCOUNT AND TERMINATION OF THESE TERMS

​If Customer Account is closed in accordance with any of the following provisions or any other provision in these Terms, these Terms will automatically terminate with respect to the Account that is terminated.

16. Rights and Obligations

​16.1 Our right

​We may, at any time, close Customer Account for any reason by providing Customer with sixty (60) calendar days’ written notice. Customer must abide by the Terms in full during the said period.

​Alternatively, we may, at any time, block Customer Virtual Card, disable Customer Account (either indefinitely or for a set period of time) and/or terminate Customer access and use of any or all of the Services (including any services of our group companies), Comera Pay App, or Website if any of the following occur:

• we suspect Customer are using Customer Account for, or permitting Customer Account to be used for, criminal or fraudulent purposes;
• we suspect someone is using Customer Account without Customer authority;
• we do not have sufficient information to operate Customer Account, including up to date contact and identification information;
• we identify that Customer were not eligible to open Customer Account;
• Customer behavior towards our staff makes it difficult for us to deal with Customer;
• Customer do not accept any updated versions of these Terms;
• Customer do not pay any interest, fees, or charges owed  to us on time;
• Customer go into bankruptcy, enter into an individual voluntary arrangement, have a debt relief order or trust deed lodged against Customer or enter into any other form of analogous circumstances;
• Customer die;
• we suspect Customer have violated these Terms; or
• we suspect Customer breached any applicable law in relation to the use or access of the Comera Pay App, Website, or our Services.

16.2.  Customer rights

​Customer can close Customer Account at any time by contacting us via the Comera Pay App or by emailing us at help@comerapay.com. We will send Customer a final closing statement within seven (7) business days of receiving Customer Account closure request, and Customer must continue to abide by these Terms until Customer receives the said closing statement.

​16.3 Closure Conditions

• If any of the events listed above happen, Customer (or Customer estate) are responsible for cancelling all payments in and out of Customer Account and deleting the Comera Pay App from Customer device.
• On closure of Customer Account, if there are funds remaining in Customer Account, we will either transfer these to an account with another bank or send a cheque to the address we hold for Customer at the time of closure.
• If Customer want to close Customer Account but still owe us money, we may keep Customer Account open and seek to recover the money from Customer using our standard recovery procedures.

16.4 SURVIVAL CLAUSES

​The following provisions will survive any termination of Customer relationship with us: Intellectual Property, Liability, Customer Liability, Closing Customer Account and Termination Of These Terms, General, and Dispute Resolution And Governing Law.

Also, any provision which, by their sense and context, are intended to survive the termination of these Terms shall survive.

​17. LANGUAGE

​These Terms were prepared in English and Arabic.  Should Customer wish to access these Terms in a different language, please update the language setting on Customer device (for example via the settings on the Comera Pay App) to the preferred language. Please note that not all languages are available and should there be any discrepancies or differing interpretations or meanings between the English version of these Terms and any translation, the English Terms shall prevail.

18. CHANGES TO THESE TERMS

These Terms of Use may be changed and updated by Comera Pay from time to time at its sole discretion.  We will let Customer know of any such changes via email, the Comera Pay App, or through another medium of using the Services. For most changes, we will give Customer at least sixty (60) calendar days notice before the changes to the Terms take effect. However, we may make some kinds of change without telling Customer in advance – this includes where we are required to make a change due to legal and/or regulatory requirements and there is not time to give Customer notice of such changes.

Where we are required to give Customer notice, the updated Terms will come into effect upon the expiry the notice period we will specify in the notice, which will not be less than sixty (60) calendar days as abovementioned, unless Customer have given us notice that Customer object to the proposed changes and in which case you must stop accessing and using the Comera Pay App, Website, and our services immediately. Your continued access and use of the Comera Pay App, Website, or Services following the expiry of the notice period constitutes your acceptance of any change or update to the Terms of Use Also, if Customer object to the updated Terms, such objection shall constitute a notice by Customer that Customer wish to close Customer Account in accordance with Customer rights under Clause 16.2 above.

19. DATA PRIVACY AND THE PROTECTION OF CUSTOMER DATA

Customer acknowledges and agrees that Comera Pay is committed to protecting the privacy and security of Customer personal data. All personal data provided during the Account registration process and thereafter will be used, processed, and protected in accordance with the Comera Pay Privacy Policy, which complies with the UAE data protection regulations and any other applicable data protection laws. Comera Pay will implement appropriate technical and organizational measures to ensure a level of security appropriate to the risk, including measures to protect personal data against accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to personal data transmitted, stored, or otherwise processed.

To use the Comera Pay App, Services, and Website, we must collect, store, use, share and otherwise process Customer personal data. No credit or debit card details or personally identifiable information will be stored, sold, shared, rented or leased to any third parties except as otherwise set out in our Privacy Policy. To learn more about why and how we do this, please read our Privacy Policy. It will also provide useful information about the rights Customer may have in relation to Customer personal data and how Customer may be able to exercise such rights.

By accessing and using the Comera Pay App. Website, or any Service, you agree to all the provisions set in our Privacy Policy and Cookies Policy as updated from time to time.

20. INTELLECTUAL PROPERTY

All content available through the Services, including but not limited to text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Comera Pay or its content suppliers and protected by the United Arab Emirates and international copyright laws. The compilation of all content on the Services is the exclusive property of Comera Pay. All software used on the Services is the property of Comera Pay or its software suppliers and protected by the United Arab Emirates and international copyright laws.

21. COMPLIANCE WITH ANTI-MONEY LAUNDERING LAWS (AML) AND COUNTER-TERRORIST FINANCING (CTF)

Customer agree to comply with all applicable AML and CTF laws and regulations. Comera Pay reserves the right to conduct Customer due diligence checks and monitor transactions for suspicious activities. Customer is required to provide all necessary documentation upon request to verify their identity and the source of funds. Comera Pay may suspend or terminate Customer Account if any activities are suspected of being related to money laundering, terrorist financing, fraud, or any other illegal activities.

22. RIGHTS TO REFUSE SERVICE

We may deactivate, suspend, or limit your access to your Account without reason or prior notice. Without limiting the preceding, we may deactivate, suspend, or limit your access to your Account:

1. if we determine that you have breached, or are acting in breach of these Terms;
2. if we determine that you have infringed legal rights (resulting in actual or potential claims), including infringing intellectual property rights;
3. if we determine that you have engaged, or are engaging, in fraudulent, or illegal activities;
4. if you do not respond to Account verification requests;
5. if you do not complete Account verification when requested within 3 months of the date of request;
6. to manage any risk of loss to us, a User, or any other third party; or
7. for other reasons.

In the event that we deactivate your Account, you will have no claim whatsoever against us in respect of any such suspension or termination of your Account.

23. LEGAL LIMITATIONS

We may plead these Terms in bar to any claim, action, proceeding, or suit brought by you, against us for any matter arising out of any transaction or otherwise in respect of these Terms.

You and we agree that you and we will only be permitted to bring claims against one another only on an individual basis and not as a plaintiff or class member in any purported class or representative action or proceeding. Unless both you and we agree otherwise, you and we will not request any court that has jurisdiction to handle any dispute between you and us in relation to the Terms from consolidating or joining more than one party’s claim(s).

 24. GENERAL​

• Entire Agreement: these Terms make up the entire agreement between Customer and Comera Pay regarding Customer access and use of the Comera Pay App, Website, and Services.
• Local Law Violations: our Comera Pay App, Website, and Services should not be accessed or otherwise used in any jurisdiction where any or all of the Services, Comera Pay App, or Website, as applicable, are prohibited to any degree.
• Waiver: any waiver of any Terms or obligations or rights hereunder is not permitted without our written consent.
• Assignment: we may assign or otherwise transfer all or some of our rights and obligations under these Terms to any third party of our choosing. Customer may not assign or otherwise transfer any of Customer rights and obligations under these Terms to any third party.
• Third Parties: except as stated or contemplated herein, these Terms do not give any rights to any third party.
• Severance: if any provision of these Terms is deemed illegal, unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from our Terms and shall not affect the validity and enforceability of the remaining provisions.
• Notice: any notice Customer are required to give us under these Terms should be sent to help@comerapay.com. Any notice we are required to give to Customer will be sent to Customer via the Comera Pay App and/or to the email address linked to Customer Account.
• Statements: We will inform Customer of all transactions on Customer Account as they occur via SMS or email or via the Comera Pay App. We will also provide Customer with regular statements free of charge showing all transactions that have occurred in Customer Account. Customer are responsible for checking the accuracy of the statements sent to Customer.
• Contact information: Customer are responsible for informing us if Customer contact or identification information changes or confirming such information to us at our request.

 25. COMPLAINTS

If Customer are not satisfied with any of the Services or Customer Account, please get in touch with us by email at help@comerapay.com, by calling our dedicated helpline on 800 266372 or via the Comera Pay App. Please refer to our complaint procedures available on the Comera Pay App and the Website for further details of our complaints management process.

26. DISPUTE RESOLUTION

​We try to provide clear rules so that we can limit or hopefully avoid disputes between Customer and us. If a dispute does arise, however, please see the following as to how it can be resolved.

Should you wish to raise a dispute with Comera Pay arising out of or in connection with the Terms, you shall raise such dispute first with our customer support team and we shall try to resolve it amicably. If such dispute is not resolved within 90 days from the date you raise it with us, you may refer such dispute to the courts of the Abu Dhabi Global Market (ADGM) in Abu Dhabi, United Arab Emirates (UAE), which shall have exclusive jurisdiction to handle any dispute a User wishes to raise against Comera Pay. Should we wish to raise a dispute with you out of or in connection with the Terms, we shall at our own discretion first raise such dispute with you directly in order to reach an amicable solution. If such dispute is not resolved within 30 days from the date on which we raised it with you, we may at our own discretion, either file such claim or complaint before the courts of your home country, the courts of the country you are residing in, or the courts of the ADGM in Abu Dhabi, UAE, whichever we find convenient.

27.GOVERNING LAW

​Unless expressly required otherwise by law, these Terms and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the laws of the Abu Dhabi Global Market (ADGM), Abu Dhabi, United Arab Emirates.