Last Updated: May 10, 2024, Version 1.0
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:
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:
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.
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:
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.
Currently, the limits applicable to Customer account are as follows:
We reserve the right to amend the account and transaction limits at any time, by prior written notice.
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”).
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
9 GENERAL CONDITIONS
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:
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 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.
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:
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:
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
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:
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
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.