1. Definitions

  • “MOMKN Payments” mean the «MOMKN Payments» Application, which is a technology service used in the field of payment links based on electronic processing of digital payments (non-cash payments) through several payment methods, which include, but are not limited to: Visa, Mastercard, Mada, American Express, E-Wallets, and Apple Pay. «MOMKN Payments» is a Saudi company, C.R.1010624413.
  • Services” mean the online transactions allowing a Merchant customer registered at «MOMKN Payments» to use e-payment links for electronic payment alongside any other services provided by «MOMKN Payments» under this Agreement
  • Price Package” means the pricing method, service value, and fees for withdrawal and return to be agreed upon with the Merchant at the time of registration
  • Authorization” means the approval given by or on behalf of «MOMKN Payments» to verify transactions and to complete payment process.
  • Merchant Account” means the Merchant’s bank account or credit card through which any transaction (whether sale or refund) is made
  • Guarantee Balance” means the amount determined by «MOMKN Payments» Management according to Merchant data, and which may be modified based on developments. Such guarantee is used to restore any amount due on the Merchant in collecting compensation and covering credit risks
  • “Confidential Information” means all the Merchant’s information and documentation submitted, whether in a printed or electronic form, to «MOMKN Payments» Management in connection with his request for service provision or for extension of services provided by «MOMKN Payments
  • Card(s)” mean the card(s) issued by officially licensed bodies and used by customers to buy goods or services provided by the Merchant. Such cards comprise credit cards and debit cards
  • Credit Cards Companies” mean the licensed companies or credit cards issuers, such as Visa International, Mastercard, Diners International, Discover Cards, China UnionPay (CUP), J.C.B, and American Express
  • Card Issuer” means any financial institution who issued the card (payment or credit) used by customer to carry out his transactions.
  • Customer(s)” means the owner of the credit card used in making transactions, or the holder of the bank account used in conducting the purchase transaction from the Merchant
  • Refund” refers to the process through which the Merchant is obligated to refund the value of a product or service paid for by the customer, which if not made, the customer shall be compensated by discounting such sum from the Merchant’s financial guarantee.
  • Refund Paid Sums” refers to the action taken by the card issuer whereby the disputed transaction is rejected (whether totally or partially), and sums paid by customer to Merchant are refunded by discounting the same from the latter’s account
  • Disputed Transaction” refers to any concern, claim, or dispute raised by customer or card issuer in connection with transactions
  • Total Sale Price” refers to the price marked for the product or service offered inclusive of fees and taxes
  • Administrative Fees” refer to a specific amount the Merchant is required to pay in return for each request he submits for obtaining official documents from card issuer, or for refunding or passing some transactions
  • Refund Fees” refer to a specific amount the Merchant is required to pay in return for each refund regarding disputed transactions
  • Manual” means the technical instructions manual and guides containing instructions on how to use «MOMKN Payments» Application
  • Law of Commercial Court” also known as ‘Commercial Law’ promulgated by Royal Decree No. (32), on 15/01/1350H.

2. MOMKN Payments Application

  • MOMKN Payments» is an application a Merchant can use for settling bills and receiving payments electronically. The application’s main function is to obtain the transaction data received by the Merchant and submit such data to the third party concerned with processing such transaction, in the manner mutually agreed upon by both, and also to process credit card and debit transactions on the Merchant’s behalf considering that the contractual relationship between the «MOMKN Payments» and the service provider is necessary for processing and completing credit card transactions.
  • Services” mean the online transactions allowing a Merchant customer registered at «MOMKN Payments» to use e-payment links for electronic payment alongside any other services provided by «MOMKN Payments» under this Agreement is available on www.momkn.sa or e-stores, such as Google Play and App Store

3. Services Provided

  • Stage One: The Merchant offers services and products on his website, store, social and media channels, and then shares payment links through different platforms, such as WhatsApp, Facebook, Instagram, etc., to complete the purchase transaction.
  • Stage Two: MOMKN Payments being the service provider and payment service provider, seeks and obtains authorization from the bank or card issuer on behalf of the Merchant, to approve the transaction.
  • MOMKN Payments’» role is only to transfer data submitted via the Application, without any change or modification thereto to the target payment service provider. «MOMKN Payments» sends data received by the payment service provider to the Merchant without making any changes or modifications thereto
  • MOMKN Payments» shall not be responsible for the accuracy or completeness of such data
  • MOMKN Payments» Management reserves the right to accept or reject authorization for purchases for any reason whatsoever. In addition, contacting data processing systems used by the Merchant to access «MOMKN Payments» App via the internet, shall not be part of the services provided by «MOMKN Payments» since such shall be the Merchant’s responsibility. Further , «MOMKN Payments» shall be entitled to engage a third party to provide services if the former considers this necessary

4. Service Fees Due from Merchant

  • latest packages, kindly visit the Prices page on our official website. You may also contact our Customer Service on the Contact Us page

5. Requirements Necessary for Giving Approval before Providing Service to Merchant

  • The Merchant shall be required to submit a copy of his commercial registration certificate or self-employment document, and a copy of the ID card of the authorized signatory of his firm. All documentation must be valid, and are to be sent to register@momkn.sa.The Merchant must also provide a bank account number in the name of his firm. Additionally, the Merchant shall be obligated to provide means of customer service on his website, store, or firm, which shall, at least, include his email address, telephone number, and P.O. Box address
  • In case the Merchant’s business activity requires an additional license from an official authority other than the commercial registration authority, he hereby undertakes to disclose and provide the same to «MOMKN Payments» Management. In addition, the Merchant shall be liable for any legal consequences or financial losses that he, his customers, or «MOMKN Payments» may incur due to failing to provide such documentation
  • The Merchant must provide sufficient and clear information about the product / service on his website, stores, or firm. Further, he must ensure that return and replacement policy alongside delivery method used by the Merchant, be posted. Such policy must be clear to be easily understood by customers, and must not be deceptive or misleading. Such policy must, as well, be consistent with all the commercial laws applicable in the country; otherwise, the general laws and regulations on e-commerce shall apply to the Merchant’s business activities
  • Additionally, the Merchant shall be required to provide a quick response to any inquiry raised by a customer or «MOMKN Payments» Management within a period not exceeding 3 (three) calendar days as of the date the customer and/or «MOMKN Payments» Management makes such an inquiry.
  • The Merchant shall be obligated to refund the value of the product or service paid for by the customer; otherwise the customer shall be compensated by discounting such sum from the Merchant’s financial guarantee or from the balance of his e-wallet maintained by «MOMKN Payments
  • The Merchant shall ensure that reply or financial compensation shall be made through «MOMKN Payments» Application. Also, no direct cash delivery or transfer from and to different accounts in the first transaction shall be allowed.
  • The Merchant’s headquarters, including stores and commercial facilities, may be inspected by «MOMKN Payments» team to ensure his compliance with the requirements necessary for the approval for providing the service stated in this Article (5) and also Article (14) hereof

6. Financial Guarantee

  • Upon receiving the approval and as agreed, the Merchant may be asked to provide «MOMKN Payments» with a “guarantee balance” to sufficiently cover credit risks related to service provision. Besides, determining such balance shall be based on the Merchant’s data, business activity condition, and discretion of «MOMKN Payments» Management. «MOMKN Payments» Management shall be entitled to raise/lower such balance amount depending on circumstances and developments.
  • The guarantee balance shall be used by «MOMKN Payments» to settle any dues payable on the Merchant for «MOMKN Payments» or card issuer. This shall include, without limitation, requests for refunding rejected or disputed amounts or settlements directly before the expiration of contract term.
  • Upon the expiration of contract or the termination of service and the settlement of all amounts due to «MOMKN Payments» on the Merchant, the «MOMKN Payments» team shall return all or part of the guarantee amount, within a period not exceeding 200 (two hundred) Gregorian calendar days as of the date of the termination of services or the date all amounts due to «MOMKN Payments» are settled, whichever comes first

7. Merchant’s Obligations

  • The Merchant undertakes to properly and reasonably use «MOMKN Payments» App in a manner proportionate to the size of his business activity registered, and not to conduct any transaction at amounts exceeding the reasonable limit of his business activity, whether in terms of the financial size of the transaction or frequency.
  • The Merchant realizes and agrees that reaching the upper limit of transactions shall result in the suspension of his access to some or all of the Application services. Further, the «MOMKN Payments» Management shall be entitled to modify the upper and lower limits of Merchant’s transactions, whether in terms of the daily and monthly sales value, or transfers made to the bank account, as the Management considers is appropriate for the Merchant’s activity in order to manage risks
  • Upon the request of the «MOMKN Payments» Management, the Merchant undertakes to provide clear information on his business activity, prices of his products/services, and target customer segment within a period not exceeding 48 hours (Forty Eight hours). Besides, the Merchant agrees that «MOMKN Payments» Management shall be entitled to take any action in case it suspects any financial risk, and such action may include suspending or cancelling the Merchant’s account in case the latter fails to provide information and documentation supporting the integrity of his transactions.
  • The Merchant undertakes to issue complete bills containing particulars including the following:
    • Clear address and description of the product;
    • Product price and quantities;
    • Legal name of firm or Merchant;
    • Actual and effective contact means accessible to customers;
      Tax number, if any, of his business activity;
    • Total price required;
    • A clear return and replacement policy.
  • Besides, issuing incomplete bills shall violate the use policy of this Application
  • The Merchant undertakes that he shall not, by himself or through third parties, obtain information and data from the «MOMKN Payments» App using illegal means.
  • he Merchant shall not attempt to tamper with the systems used in the «MOMKN Payments» App to pursue illegitimate and illegal ends. Besides, he shall not attempt to register using another document or via an intermediary in case his account is suspended by «MOMKN Payments» Management.
  • The Merchant shall notify his customers that fees of his services are collected by «MOMKN Payments» App
  • The Merchant shall keep confidential his password and credentials of login to «MOMKN Payments» App and shall not disclose the same to any third party. In case such credentials are used by persons not authorized to help the Merchant, whether with his consent or due to his negligence, the Merchant shall be responsible for compensating «MOMKN Payments» for any resulting damages.
  • The Merchant shall provide contact means, such as a valid, active email address to receive messages from «MOMKN Payments» during the validity period of contractual relationship. This shall include:
  • Changes made onto the Merchant’s key data (including bank data, company legal type, company address, company data, and contact information) or amendments made to these Terms and Conditions.
  • The Merchant shall immediately notify «MOMKN Payments» Management of any change made to his email address; otherwise, «MOMKN Payments» shall not be responsible for any resulting difficulties the Merchant may encounter.
  • The Merchant undertakes to protect his account data and authorization, and not to disclose the same to any third party.
  • The Merchant undertakes to provide a policy and system for maintaining and keeping documents, orders and delivery data of customers as an archive to be easily accessible whenever needed. He further undertakes to maintain the same for a period not less than 2 (Two) Gregorian years. The Merchant realizes that by using such procedure he shall be able to reduce his liability for refund requests from customers, which may be based on allegations of failing to deliver orders or requesting a copy of documentation.
  • The Merchant shall comply with all the laws and regulations applying to the business activities he carries out, including without limitation, those related to any rights, conditions, or requirements for export, import, customs, licensing, or any other restrictions, conditions, or rights applying to distributing / delivering the goods or services the Merchant sells.
  • In case the Merchant is an entity of a company, he undertakes to notify «MOMKN Payments» Management immediately of any changes which have occurred or are expected to take place to the owner or beneficiary owners of the Merchant’s commercial firm.
  • The Merchant warrants that he shall, in all cases and during the validity period of contract, furnish the «MOMKN Payments» Management with the latest version of his commercial registers issued from the competent authority.
  • The Merchant warrants that he shall be responsible for the tax disclosure of all transactions he conducts through «MOMKN Payments» App in case he is registered in the tax system. Further, he undertakes to pay the tax authorities all amounts due onto the transactions he conducted through «MOMKN Payments» App.
  • The Merchant acknowledges and agrees that services may be suspended in case a portion of his business activity is transferred or sold, or in case no new commercial registration certificate is submitted to the «MOMKN Payments» Management.
  • The Merchant warrants that he shall, without delay, notify the «MOMKN Payments» Management of any intention of suspending or discontinuing to provide his products or services to customers.
  • The Merchant shall immediately notify the «MOMKN Payments» Management of any possible breach by third parties of any of the ownership rights.
  • The Merchant agrees that in no event shall he publicize or advertise any of his products or services on his website or in any other place using «MOMKN Payments» except with the prior written consent of the «MOMKN Payments» Management
  • The Merchant agrees that he shall display advertising materials of «MOMKN Payments» on his website, stores, and commercial firm. Such materials may include posters for a warehouse, store, and vehicle glass, and shall bear the «MOMKN Payments» slogan or any slogans of credit card companies, or any such other marks or slogans the «MOMKN Payments» Management asks that it be displayed.
  • Upon the request of the «MOMKN Payments» Management, the Merchant agrees to insert the «MOMKN Payments» slogan onto his website or the relevant digital stamps linked to «MOMKN Payments» homepage onto his website or any online presence for him

8. Right to Use

  • The Merchant hereby acknowledges that he is 18 years old or above, in accordance with Article (4) of the Law of Commercial Court related to commercial eligibility, which provides as follows: “Any adult, or any person who reaches adulthood, shall have the right to engage in all types of commercial activities”
  • By accepting these Terms and Conditions, the undersigned Merchant is solely granted the right to use «MOMKN Payments» App for e-payment.
  • The Merchant warrants that he shall not sub-license or give secondary approvals to any third party since such right is indivisible, non-transferable, and unalienable, whether totally or partially.

9. Confidentiality and Information Protection

  • Due to this contractual relationship between «MOMKN Payments» and the Merchant, access would be given to some information, private data, or that is related to business, commercial rights, financial position or transactions made (“Confidential Information”), and the other party’s customers’ data. Hence, the two parties hereto undertake to maintain the privacy and confidentiality of such information and to adequately protect it within the intended meaning stated in applicable regulations on information protection.
  • Further, the two parties undertake not to disclose the Confidential Information to any third party except with the other party’s prior written consent. Confidential Information shall not include information available in the public domain or those publicly known.
  • The Merchant undertakes to protect his system against illegal uses and whatever may make his system and «MOMKN Payments» system exposed to destruction, technical failure, or accidental losses.
  • The Merchant hereby acknowledges that all his data and documents submitted to «MOMKN Payments» Management for provision or continuation of «MOMKN Payments» service, have been correct, accurate, and not misleading when submitted, and that no information or document has been omitted. Besides, the Merchant shall be required to immediately notify the «MOMKN Payments» Management in writing of any changes or errors in such information or documents.
  • «MOMKN Payments» shall be entitled to disclose the Merchant’s name or his business activity to third parties as a reference. This particularly applies to advertising Merchant’s offers accompanied with his slogan, and posting his name or company name on websites, manuals and other documentations related to «MOMKN Payments» without any liability on «MOMKN Payments». In case the Merchant objects, he must notify the «MOMKN Payments» Management of the same in writing.

10. Authorization and Approval

  • To complete a purchase transaction of a product/service for the customer, the Merchant must ask for authorization through «MOMKN Payments» to verify the transaction. Approval received from «MOMKN Payments» indicates that the card issuer has authorized the Merchant to conduct such transaction.
  • Authorization must include all information required and specified by «MOMKN Payments» including the following:
    • Marked price of product/service;
    • Insurance
    • Taxes applying to product / service, such as sales tax and value added tax (VAT);
    • Charges, such as custom duties, delivery fees, etc
  • Charges, such as custom duties, delivery fees, etc
  • The Merchant acknowledges that receiving an authorization to approve a transaction of a specific product expressly indicates the Merchant’s desire that the card issuer shall, as of the date of authorization, verify that:
    • The customer’s card has sufficient balance to pay to Merchant;
    • The card is valid and usable in the transaction;
    • The card was not reported as lost or stolen; and
    • The card is not an illegal copy (counterfeit).
  • Authorization and approval shall not be considered a guarantee for parties from the Merchant’s side:
    • That the customer who ordered the product/service is the basic card owner.
    • That the transaction shall not be subject to refund or claim (see Article “5” hereof).
  • From the customer’s side:
    • That the product/service shall be delivered/provided.

11. Payment to Merchant’s Bank Account

  • Under these Terms and Conditions, the «MOMKN Payments» team shall pay the value of the transactions the Merchant conducts through the «MOMKN Payments» to the bank account of his firm. The Merchant realizes that failing to provide accurate bank account information or meeting the requirements of using the Application, may cause the transfer process to delay.
  • Payment to the bank account of the Merchant’s firm shall be done within 5 (five) business days of the date of requesting transfer taking Paragraph (3) of this Article into account. The Merchant may request that his dues be paid before the agreed upon time, in which case the «MOMKN Payments» shall be entitled to impose additional charges on him. Further, the Merchant realizes and agrees that the remittance may delay during the weekends, holidays, or in exceptional circumstances, whether locally or overseas. In addition, the Merchant realizes that the related international payment systems may experience technical updates or failures causing money transfer to delay.
  • Before being settled, the Merchant’s financial dues may be subject to deduction due to several causes, including without limitation, fees of refunding contested amounts, commissions, fines imposed by banks or credit/payment cards issuers, and fines imposed by «MOMKN Payments»
  • Taking the above Paragraph into account, the «MOMKN Payments» team reserves its right to change the method or time of payment provided that the Merchant shall be notified in advance of such changes.
  • MOMKN Payments shall be entitled to delay the payment of financial proceeds to the Merchant, if necessary, in the following cases:
    • In case of breaching the law or there are suspicions of fraud;
    • Violating the Terms and Conditions of using this Application;
    • A court order is issued relating to the Merchant or his transactions;
    • Upon the request of state executive or governmental authorities;
    • When the «MOMKN Payments» team conducts an investigation related to transactions and the Merchant; and
  • When waiting for the settlement of a dispute related to a specific transaction

12. Indemnity and Responsibility

  • The «MOMKN Payments» ensures service is provided to the Merchant and considers him qualified to provide services and products to customers during the contract term. During such term, the Merchant shall use «MOMKN Payments» under these Terms and Conditions.
  • The Merchant hereby represents unconditionally that he is aware that the way in which «MOMKN Payments» services are provided does not guarantee, support, protect, or indemnify any product or service of any type the Merchant offers on his website, store, or warehouse.
  • The «MOMKN Payments» Management shall not be responsible for the accuracy, correctness, or completeness of any data submitted by transactions parties, whether individuals, companies, or bodies. Hence, the «MOMKN Payments» Management shall not be liable for any resulting errors or damage.
  • Further, the «MOMKN Payments» Management shall not be responsible for the loss of data during transmission, including without limitation, data transmitted between the Merchant, «MOMKN Payments» and any other issuance or collection agency including payment credit associations/organizations.
  • The «MOMKN Payments» Management explains that it is not possible that the system would continue operating without emergent failures. Thus, the «MOMKN Payments» Management shall not be responsible for any damage resulting from technical failures, contractual errors, lost revenues, and delay cases even if the Merchant has been advised in advance of the possibility of such damage.
  • The «MOMKN Payments» Management shall not be responsible for the damage resulting from force majeure, riots, wars, natural events and phenomena, and other cases beyond control, such as strikes, lockdown of working places or roads, and official or administrative orders, whether locally or overseas.
  • The «MOMKN Payments» Management shall not be responsible towards the Merchant for any fraudulent or unlicensed transactions that the customers may conduct through the Application, regardless of the nature and origin of such transactions. Besides, in no event shall the «MOMKN Payments» Management be responsible for furnishing the e-payment system with prevention means, or means for banning fraudulent, unlicensed, or illegal transactions
  • In addition, the «MOMKN Payments» Management shall not be held responsible in case the damage resulting is related to using the old version of the interface that has not been reasonably updated or modified by the user.
  • In addition, the «MOMKN Payments» Management shall not be held responsible in case the damage resulting is related to using the old version of the interface that has not been reasonably updated or modified by the user.
  • The Merchant hereby undertakes to fully indemnify, «MOMKN Payments» Management, employees, agents, contractors, and any other affected third parties from and against any and all claims, actions, procedures, judgements, losses, penalties (including all costs and expenses) resulting from or arising out of any negligence, tort, omission, or fault related to violating the intellectual property rights of any third party, committed by the Merchant, or due to the latter’s negligence or default in performing his obligations towards parties.
  • The Merchant agrees that failing to submit a copy of any required document in a timely manner or to reply to any inquiry regarding a refund request, shall lead to the financial loss of the transaction value alongside fines or penalties on the Merchant. The Merchant further agrees to indemnify the «MOMKN Payments» for any possible claims filed by third parties due to any illegal activity or activities not based on contracts with the Merchant, or due to any content mistakes in the information the Merchant submits, or regarding the internet domain or website used by the Merchant
  • The liability of «MOMKN Payments» under this Agreement shall be limited to the transactions within the 12 (twelve) months following their date
  • The parties hereby acknowledge that «MOMKN Payments» has specified its prices and such prices have been incorporated into this Agreement, and that the relevant form itself constitutes an essential basis for agreement between both parties. Further, the two parties agree that the limitations, exclusions, and responsibilities herein specified shall remain effective and shall continue to apply even if it is found out that they failed to achieve their fundamental purpose

13. Compliance with Laws

  • Under these Terms and Conditions, the following transactions shall be prohibited and shall not be sold or passed through «MOMKN Payments»:
    • Any transaction violating any law, decree or regulation applicable in the Kingdom of Saudi Arabia, or in the country where the Merchant works, or the geographic location where he practices his business activity.
    • Any transaction not violating the requirements of Islamic Shari’ah, which shall include without limitation, gambling, lottery, and similar activities, in addition to substances prohibited under Shari’ah or law.
    • Any transactions conducted by the Merchant which are of a suspicious nature, such as providing services and products which are easily refunded in cash, such as gold, jewelry or any other high-value goods (such as motor cycles, vehicles, or boats) without obtaining an express permission from «MOMKN Payments» Management.
    • The Merchant’s imposition of penalties, fines, or costs of any kind, or any other amounts beyond the total sale price of any product or service he provides, without the customer’s consent to pay the same
    • The Merchant’s provision of services or display of products under a tradename or other commercial affiliation different from those referred to at the time of signing this Agreement, which has not been indicated in his commercial registration at the time of accepting these Terms and Conditions, without obtaining an express permission from «MOMKN Payments» Management.
    • Goods the Merchant knows shall be resold by the customer.
    • Transactions whose content is negotiable commercial papers, such as cheques and bonds, and financial transactions such as gold and cash equivalents or any other negotiable instruments.
    • The Merchant shall not be entitled to ask the customer to provide data about his card, since such data shall be collected by «MOMKN Payments» via a third party
    • The Merchant may not disclose any incorrect or misleading information about goods displayed, and if such information is disclosed, such transaction shall be classified as a fraudulent transaction considering that the value is paid online through «MOMKN Payments».

14. Penalties

  • In case the Merchant violates any of the Terms and Conditions herein stated, the «MOMKN Payments» Management shall be entitled to terminate the contractual relationship with the Merchant at any time, or suspend his subscription in «MOMKN Payments» and disable his access to the Application without prior notice. Besides, in case of violating these Terms and Conditions, the Merchant shall be responsible for paying compensations to «MOMKN Payments» Management for any damage resulting from the termination of contractual relationship
  • The Merchant’s breach of these Terms and Conditions may lead to advising the credit card companies of his violating act, which would cause him to be blacklisted and thus be no longer able to use the credit for at least 2 (two) Gregorian years. Alternatively, the state’s concerned authorities could be notified of such breach.
  • The «MOMKN Payments» Management may immediately terminate the service provided to the Merchant, in the following cases:
    • If the Merchant fails to pay any amount due under these Terms and Conditions at the due date.
    • At any time if the contested refund amounts, credits, disputes and complaints of customers reach a level considered by the «MOMKN Payments» Management as having a negative impact
    • If the Merchant, his officers, agents, affiliates, or subsidiaries carry out business in an illegal manner, in violation of the state’s laws, or in a way contrary to these Terms and Conditions
    • In case the Merchant is unable to pay his debts when they fall due, while admitting the same, or in case of several owners who collectively are unable to pay.
    • If the Merchant starts negotiations with all or a group of his creditors for rescheduling any of his debts, or proposes for the same, or enters into any composition or arrangement with his creditors to such effect.
    • If a protest is lodged, a notice is served to such effect, a resolution is passed, or a judgment is issued of or in connection with the liquidation of the Merchant’s assets.
    • If a petition is submitted to the court, an order is issued of specifying an administrator, if a notice is sent with the purpose of appointing an administrator, or if an administrator is appointed on the Merchant’s assets.
    • In case the Merchant is declared bankrupt.
    • If the Merchant suspends, discontinues, or threatens to suspend or discontinue all his business activities or a large portion thereof.
    • Upon the Merchant’s death, or due to his illness or incapacity (whether physical or mental) and hence being unable to discharge his business.
  • The «MOMKN Payments» Management reserves the right to terminate services provided to the Merchant stating the relevant reasons, by serving him a prior written notice at least 7 (seven) calendar days before terminating the service. Nevertheless, the owner of «MOMKN Payments» shall pay the Merchant the value of all purchases the latter has sold through «MOMKN Payments» App under the relevant provisions herein stated at the time of termination.

15. Updates/New Versions

  • The «MOMKN Payments» Management may at any time and without the Merchant’s consent, make any modifications onto the Application (including any updates or new versions) taking into consideration that such shall not badly affect the Merchant’s use of the Application
  • The Merchant shall be required to immediately install modifications made by the «MOMKN Payments» (including any updates or new versions) to ensure the proper and effective use of the Application.

16. Miscellaneous Provisions

  • This Agreement shall become effective and these Terms and Conditions shall be binding when they are mutually accepted and signed in person by the two parties. In case this Agreement is entered into using any online medium, the Merchant’s consent must be secured in the place designated for acceptance of these Terms and Conditions together with the confirmed consent of the «MOMKN Payments» Management thereof.
  • The «MOMKN Payments» Management may engage third parties in performing its obligations arising under these Terms and Conditions.
  • The «MOMKN Payments» system may require taking specific processing steps for transactions, whether partially or entirely by a third party directly. On the other hand, the Merchant may not engage third parties in performing the duties resulting from these Terms and Conditions except with the express, written consent of the «MOMKN Payments» Management.
  • Any notice shall be delivered and any other document shall be submitted in connection with these Terms and Conditions as follows: By hand, prepaid registered post, facsimile, or by email to the other party to the address indicated below
  • Any notice shall be delivered and any other document shall be submitted in connection with these Terms and Conditions as follows: By hand, prepaid registered post, facsimile, or by email to the other party to the address indicated below
    When sending to «MOMKN Payments»:MOMKN Financial e-Payments Co.
    Methqal Holding Co. Branch
    Al Diyafa Building
    Northern Ring Road – Riyadh City
    Kingdom of Saudi Arabia
    Atten.: Legal Affairs Department
    Tel. No.:
    xxxxxxxxxxx
    Email:
    contact@momkn.sa
  • All documents and notices must be delivered during official working hours; from the sunrise to the sunset. No documents or notices shall be received on official holidays.
  • When sending to the Merchant:
    To the address provided by the Merchant when registering for the service online or via his email address provided by the Merchant upon registration. By agreeing to these Terms and Conditions, the Merchant authorizes the owner of the «MOMKN Payments» to collect sales proceeds on his behalf.

17. Severability

  • If any article or several articles of this Agreement are held to be invalid or unenforceable, such shall not affect the validity of the remaining articles.

18. Applicable Laws

  • These Terms and Conditions shall be governed by and construed in accordance with the laws of the Kingdom of Saudi Arabia

19. Jurisdiction

  • Courts of Al-Khobar City (Eastern Province, Saudi Arabia) shall have jurisdiction over all disputes or differences arising from or related to these Terms and Conditions (including any matter related to the existence, validity, or termination of these Terms and Conditions).

20. Language

  • Arabic shall be the essential language of this Agreement. In case these Terms and Conditions are translated into any other language, the Arabic text shall prevail. In addition, all notifications shall be made in Arabic. Further, each notice, instrument, certificate, or any other communication submitted in connection with these Terms and Conditions, shall be in Arabic. In case any notice, instrument, certificate, or any other communication is translated into another language, the Arabic text shall prevail.

21. No Partnership or Agency

  • Nothing in these Terms and Conditions is intended to or creates any type of joint venture, or employee-employer between the two parties. Further, neither party shall be deemed to be an agent of the other by virtue of these Terms and Conditions. Further, except as expressly provided for herein, neither party is authorized to act on behalf of the other party, in his name, or in any capacity to incur any an obligation or liability in any way whatsoever (including providing any representation, making any warranty or guaranty, or assuming any liability, responsibility, undertaking to extending any credit, or exercising any right or power).

22. Entire Agreement

  • These Terms and Conditions constitute the entire agreement and understanding between the two parties with respect to the subject matter hereof, and supersede and cancel all prior drafts, agreements, representations, understandings, promises, contracts or conditions, whether oral or written, explicit or implied, between the two parties in connection with such subject matter.