Date published: 22 February 2024
Date of effect: 7 March 2024
WHY THIS INFORMATION IS IMPORTANT
This is the User Agreement for the Taptap Send mobile application (the “App”) and our services. It also sets out other important things you need to know.
This User Agreement, along with the Privacy Policy, eCommunications Policy and any other terms and conditions that apply to our services, form a legal agreement (the “Agreement”) between:
● you, the user (“you”); and
● us, Taptap Send (DIFC) Limited (“Taptap Send” or “we”, “us”, “our”).
By signing up for the services and using the App, you are accepting and agreeing to be bound by the Agreement. We provide our services to you through the App. We may provide information and/or our services in other ways too, like through web pages. Our Agreement applies whenever and however you access our services or other information. You can at any time, and at no cost, stop using the App by deleting it or ending the Agreement (see Section 10).
If you participate in any rewards programme you agree to be bound by any separate terms and conditions (for example, our Referral Program).
About us
We are a company incorporated in the Dubai International Financial Centre (the “DIFC”) under number 5705, with registered office at Gate Avenue, South Gate, Level 1, DIFC, Dubai, United Arab Emirates, registered as a category 3D Money Services Provider firm with the Dubai Financial Services Authority (the “DFSA”) (registration number F007317).
We are authorised and licenced by the DFSA to provide the following financial services:
● issuing payment instruments;
● providing money transmission; and
● executing payment transactions on a payment account provided or operated by another person.
The DFSA Rules require that before entering into business with you or any other person, we classify our clients and inform them of their classification and the effects of such classification.
We confirm that you are a “Retail Client" as per Chapter 2 of the DFSA’s Conduct of Business Module of the DFSA rules in respect of all financial services on the basis that you do not meet the criteria of a ‘Professional Client”. As a result of being treated as a “Retail Client”, you will benefit from certain protections afforded to “Retail Clients” under the DFSA’s Conduct of Business Rules Module of the DFSA Rules.
The best way to contact us is by phone at +971 4 882 0026 or email (support@taptapsend.com). Please see the “Support” section of the App or the “Contact Us” section of our website for more details.
“App” means the Taptap Send mobile application.
“Business Recipient” means businesses, including but not limited to suppliers, educational institutions, utility providers, hospitals and associated healthcare facilities.
“Destination Country” means the country in which the Recipient receives money or Digital Content through the Service.
“Digital Content” means data that is produced and supplied in digital form, including mobile data and/or airtime, or similar online vouchers.
“Digital Content Services” means our service that allows you to buy Digital Content from us and send it to a Recipient.
“DFSA Rules” means each of the modules of the DFSA rulebook.
“Payment Instruction” means a specific instruction from you requesting us to effect a Transfer.
“Payment Method” means a valid instrument of payment used to initiate a Payment Instruction or to pay for Digital Content, such as an UAE bank account or a debit/salary card.
“Payment Services” means the provision of the remittance service enabling you to make Transfers.
“Recipient” means someone (including Business Recipients) who receives money or Digital Content into an account or by way of cash-pick up, mobile money or similar services, in each case provided by a Service Provider pursuant to a Payment Instruction or instruction to buy and send Digital Content sent through the Services.
“Security Details” means the security credentials associated with your account with us, including your password and any other login information that we may choose to accept from time to time (including biometric information).
“Sender” means someone who uses the Services to send money or Digital Content.
“Services” means the Payment Services and Digital Content Services.
“Service Fee” means our fee (which may vary, for example, depending on the destination of the Sender and the Recipient and the amount of the Transfer), which will be presented to you before paying for a Service.
“Service Provider” means a local bank, mobile network operator, or other third party service provider in a Destination Country which provides an account, cash pick-up, cash delivery, mobile wallet or similar services to a Recipient or an account for Digital Content.
“Transfer” means the transfer of money through the Payment Services.
“Transfer History” means the record of your Transfers and purchases of Digital Content on our App, which you may access using your email and password registration details.
2.1. The Services allow you to:
2.2. To register for the Services, download the App (e.g. from the Apple App Store or Google Play) and follow the instructions.
2.3. Once you have registered for the Services and have logged into the App, you can:
2.4. For security reasons, we may require you to re-enter your Security Details or otherwise confirm your identity to finalise Payment Instructions or access certain functions in the App.
2.5. Updates to the App may be issued through App Store or Google Play. Depending on the update, you may not be able to use our Services via the App until you have downloaded the latest version of the App.
3.1. You must be 18 years old to use the Services.
3.2. We are required by law to carry out security and customer due diligence checks on you (and other parties for example, the Recipient) in order to provide our Services. We may verify your residential address and personal details to confirm your identity. We may also pass your personal information to a credit reference agency, which may keep a record of that information. We may also need to verify the identity of a Recipient in the same way. All information provided by you will be treated securely and strictly in accordance with our Privacy Policy. You agree:
3.3. You consent to us processing, transmitting, and using your personal data for the purposes of providing the Services. Please see our Privacy Policy.
3.4. You must make every effort to keep your Security Details safe and prevent unauthorised access to the Services by:
3.5. To contact us quickly, use the details in the “Support” section of the App and/or the “Contact us” section of our website. Any delay in telling us affects the security of your account and data (including your Payment Method) and makes you responsible for any financial losses.
3.6. You must not:
4.1. To make Payment Instructions in the App, you must:
4.2. We are not obliged to process any particular Transfer. When you submit a Payment Instruction, you are requesting that we process the Transfer on your behalf and consenting to the execution of the Transfer. We may, in our sole discretion, choose whether or not to accept the offer to process that Transfer (in accordance with Section 6 below).
4.3. When you initiate a Payment Instruction, we will provide you with disclosures notifying you of the Service Fee to be charged (if any), any applicable taxes to be charged by us, and the applicable exchange rate you will receive. The exact amount received by Recipient may also be less due to fees charged by Recipient’s Service Provider and foreign taxes.
4.4. When you click “Send” on the confirmation page, you authorise us to debit your Payment Method for the amount of the Transfer, any applicable taxes to be charged by us and any Service Fee, and to initiate the Transfer, and provide consent for us to do so.
4.5. You must make sure all the details are accurate before submission. If you enter the wrong details you will send the Transfer to the wrong account and lose your money, we may not be able to get it back.
4.6. Once you click “Send”, we receive your Payment Instruction and will start to execute the Transfer immediately. You will not be able to cancel or change it.
4.7. We will treat a Payment Instruction as received at the time you confirm the Payment Instruction, whether or not that is during a business day. When the Recipient’s Service Provider receives the Transfer depends on the currency and Destination Country of the Transfer. It will reach the account of the Recipient as soon as we can get it there. Banking practices will vary depending on the Destination Country - for more information on when a payment will be credited to the Recipient’s account you will need to contact that Service Provider. While our Payment Service is generally able to send Transfers quickly, the Recipient’s Service Provider will receive the money, at the latest, within seven calendar days of us accepting the Payment Instruction. If your Transfer is not completed within this time frame, we shall initiate your refund within three (3) business days after such period has elapsed.
4.8. Transaction times may be longer in the event that the Recipient’s Service Provider needs to undertake enhanced anti-money laundering checks on the transfer. Delivery times quoted on our website (or elsewhere) are representative for the “normal”/average service and are not a guarantee of an individual Transfer time.
4.9. We will provide you with information after acceptance of a Payment Instruction enabling you to identify the Transfer, along with details of the Recipient, the details of the amount of the Transfer in the currency used in the Transfer, any Service Fees we may charge or any fees that the Service Provider may charge, the amount received in foreign currency, the exchange rate and the date on which the Payment Instruction was received.
4.10. If you have made a Transfer for cash pick-up and the cash is not picked up by the Recipient within 30 days of when it was first made available, we may cancel the Transfer and refund the amounts to the Payment Method used. This is subject to the timings and conditions set by our payment processing partners.
4.11. For Business Recipients, you acknowledge that:
5.1. We provide Digital Content Services for you to buy Digital Content from us and send it to a Recipient’s account in a Destination Country. This is not a payment service so this is not regulated by the DFSA.
5.2. To buy and send Digital Content using the App, you must:
5.3. The total amount (inclusive of all applicable taxes and charges, if any) that you will be required to pay will be displayed clearly on the App before you are asked to confirm your transaction.
5.4. When you click “Send” on the confirmation page you authorise us to debit your Payment Method and initiate the purchase and send. Once Digital Content is sent, it cannot be refunded to you or removed from the device of the person you sent it to.
5.5. Digital Content will be delivered to the Recipient’s account as soon as we can get it there. While our Digital Content Service is generally able to deliver Digital Content quickly, the Recipient’s Service Provider will receive the Digital Content, at the latest, within seven calendar days of us accepting your instruction. We will send you a confirmation of the Digital Content Service as soon as your transaction has been successfully completed.
5.7. Any Digital Content purchased through the Digital Content Services will have its own terms and conditions. You should check any terms and conditions before purchasing any Digital Content. From time to time, Service Providers will run promotions on the Digital Content. These promotions will be subject to additional terms and conditions that will be displayed in the App.
5.8. We are not responsible for the terms and conditions or promotions run by Service Providers.
6.1. You agree that we may apply limits to the amount you are able to send to Recipients or use to purchase Digital Content.
6.2. We may do so either on a per Transfer basis or on an aggregate basis, and either in respect of one set of registration details or one Payment Method or on related sets of registration details or Payment Methods.
6.3. We may delay or suspend a Service including (but not limited to):
6.4. We will attempt to maintain up to date information regarding the availability of Service Providers by means of information on our website or our App.
6.5. We may refuse any request any Payment Instruction, or suspend your use of the Services if we believe that:
6.6. We will generally inform you before or immediately after refusing a Payment Instruction or suspending your use of the Services, and provide our reasons for doing so. However, we will not provide reasons or any information if doing so is against the law or would compromise our security measures.
7.1. To the extent permitted by law, once we have received your Payment Instruction, we will execute the Transfer immediately and you do not have the automatic right to revoke it (or change the details of the Payment Instruction). We will treat a Payment Instruction as received from you at the time that such Payment Instruction is actually received by us, which will normally be at the time you confirm a Payment Instruction, whether or not that is during business hours.
7.2. You can request a refund of a Transfer within six (6) months of the Transfer occurring if:
7.3. We will also refund a Transfer if required by law, or if the issuer of your Payment Method requires it.
7.4. However, we may refuse your request for a refund if we can show that:
7.5. We shall notify you within one business day of our decision to refuse your request for a refund if permitted pursuant to applicable law or regulation, of: (i) the reasons for our refusal; and (ii) the procedure for rectifying any factual errors that led to our refusal.
7.6. If you wish to request a refund for a Transfer, you should do so immediately and in any event no later than six (6) months after the Transfer. A request for a refund for a Transfer must be submitted in writing (by email) to the contact details listed in the About Us section, giving the Sender’s full name, address, and phone number, together with the Transfer number, amount of the Transfer, and the reason for your refund request.
7.7. If we have executed the Transfer in accordance with your Payment Instructions, and that information proves to have been incorrect, we are not responsible for the incorrect execution of the Transfer. We will make reasonable efforts to recover the funds if possible. We may charge you a reasonable fee, reflective of our efforts, to do so.
7.8. Refunds will be credited automatically to the latest known Payment Method used to fund the Transfer, in the same currency used to fund the Transfer. We may request additional details from you to process the refund. Refunds may take anywhere from three to ten business days to show up on your Payment Method once it has been initiated by us as it depends on banks’ processing time. If you cannot see the refund after ten business days, you should contact your Payment Method issuer for more information.
7.9. We are not responsible for refunding payment Transfers made using a Payment Service to pay bills or for goods/services unless it falls within Section 7.3 above. The Business Recipient to which you have made a payment will determine your eligibility for a refund. You, therefore, should contact the Business Recipient directly for further details on obtaining a refund.
7.10. Once Digital Content is sent, it can normally be used immediately and therefore cannot be refunded or cancelled.
8.1. We agree to provide the Services to you using reasonable care. You acknowledge that the Services may not be available, in whole or in part, in certain regions, countries, or jurisdictions.
8.2. Where we have materially breached this Agreement causing a loss to you, we will refund you the Transfer and any Service Fee charged, or the amount you paid for Digital Content. Any claim for compensation made by you must be supported by any available relevant documentation.
8.3. If any loss that you suffer is not covered by a right to a refund is not covered by a right to payment under Section 7 above, our liability is limited to the greater of: (i) the amount of any Service Fee that was paid to us; or (ii) USD 500. This liability cap applies to any single Transfer/purchase of Digital Content, act, omission, or event and to any number of related Transfers/purchases of Digital Content, acts, and omissions or events.
8.4. We do not, in any event, accept responsibility for damages as a result of:
8.5. We are not, in any event, responsible for any funds after they are provided to a Recipient (whether in the Recipient’s account or collected via a Service Provider).
8.6. Notwithstanding anything in this Agreement to the contrary, we only supply our Services to you for personal and private use. Notwithstanding anything in this Agreement to the contrary, we shall not be liable under any theory of tort, contract, unjust enrichment, strict liability or other legal or equitable theory for lost profits, lost revenues, lost business opportunities, exemplary, punitive, special, incidental, indirect or consequential damages, each of which is excluded by us, regardless of whether or not we had foreseen, or could have foreseen, or has been advised of, the possibility of such damages.
9.1. We can make a change to this Agreement for any of the following reasons:
9.2. We can’t anticipate everything that might happen while you are registered for our Services. This means we may also need to make other changes. If we do, when we tell you about the change, we’ll explain how it will affect you.
9.3. We will tell you about a change to our Agreement for Payment Services or our Agreement for Digital Content Services before it takes effect.
9.4. You may object to the change before it takes effect, which will end the Agreement. If you do not object to the change, we will take that as your acceptance of the change. If we add a new product or service that doesn’t change the terms and conditions for your existing Services, we may add the product or service immediately and let you know before you use it.
9.5. You will be notified of any upcoming changes to this Agreement by email to the email address you provided.
10.1. This Agreement will continue until you or we end it.
10.2. You can end this Agreement at any time free of charge by contacting us in writing (by email) at the details in the About Us section.
10.3. We can end this Agreement and your access to the Services at any time, with two (2) weeks’ notice.
10.4. We can end this Agreement and your access to the Services without prior notice if:
10.5. We will inform you if we end the Agreement immediately as soon as we can, if the law allows.
10.6. When this Agreement ends, we will stop processing any new Payment Instructions. We will continue processing Payment Instructions that were submitted and are still pending when the Agreement ends. Your payment obligations to us will continue after the Agreement ends.
11.1. Any funds received by us in the course of or in connection with the carrying on of the Payment Services will be held by us in accordance with the DFSA’s client money provisions and the provisions of this Agreement. All funds held as client money will be segregated from our own funds and held in one or more bank accounts held with a bank in the UAE licensed by the UAE Central Bank. In the event of our insolvency, winding up or other Distribution Event (as defined in the DFSA Rules), these funds will be subject to the DFSA’s client money distribution rules’ as provided for under the DFSA Rules. It is important to note that client money is held in the UAE outside of the DIFC and as a result the legal and insolvency regime that applies is different to that which would otherwise apply in the DIFC.
11.2. For the avoidance of doubt, we will not pay any interest to you in respect of funds received by us and held as client money.
12.1. A copy of our Complaints Policy is available free of charge upon request in accordance with DFSA Rules.
12.2. If you have a complaint related to your use of the Service, please email us at the details in About us section. We will acknowledge receiving your complaint within 5 business days of receipt of the complaint and shall provide you with:
12.3. We will do our best to resolve your complaint as soon as possible, and to send you a final response by email within 15 business days of receiving the complaint. If, in exceptional circumstances, for reasons beyond our control, we need more time to respond, we will send you an email within 15 business days of receiving your complaint to let you know the reasons for the delay and when you will receive our final response (the “Extension Email”). The final response will be no later than 35 business days from the date of the Extension Email.
12.4. If you are unhappy with our final response, you may be entitled to refer your complaint to an external dispute resolution scheme, by initiating arbitration or through the DIFC courts. We will provide details of your rights in our final response to your complaint.
13.1. You must pay any applicable Service Fees. Our Service Fees and live exchange rates are available on our website and in the App. Service Fees are due when you submit your Payment Instruction or an instruction to buy and send Digital Content, and are non-refundable, to the maximum extent permitted by law. We will let you know the exact amount you must pay in the App before you are asked to confirm your Payment Instruction or send Digital Content.
13.2. Our exchange rate is the rate set by us for the relevant currency pair and Service, which will generally change on a daily basis. For some currencies, there will be a difference between the exchange rate at which we buy foreign currency and the exchange rate provided to you, which is designed to cover our costs.
13.3. When you make Transfers and pay for Digital Content in a different currency from the one in which your Payment Method is denominated (e.g. you pay in AED to receive an equivalent amount in a different currency), we will apply our standard exchange rate (which may change at any time) and any applicable Service Fees for such exchange, as set out in the App at the time of conversion.
13.4. Others might impose taxes, fees or charges on you, e.g. for use of a particular Payment Method to fund a Transfer (e.g. unauthorised overdraft fees).
13.5. Others might impose taxes, fees or charges on the Recipient, e.g. a Service Provider may charge a fee to withdraw the Transfer. We may offer you the option of sending additional funds to cover the cost of that fee.
13.6. Your Payment Method may give you chargeback rights. You agree that you will not request a chargeback for reasons for which we are not responsible, such as a dispute with your Recipient. We may charge you for our costs associated with your chargebacks.
14.1. The App and the Services, the content, and all intellectual property relating to them and contained in them (including but not limited to copyrights, patents, database rights, trademarks, and service marks) are owned by us, our affiliates, or third parties. All rights, title, and interest in and to the Taptap Send website and the Services shall remain our property and/or the property of such other third parties.
14.2. The App and the Services may be used only for the purposes permitted by this Agreement or described on the website. You are authorised solely to view and to retain a copy of the pages of the Taptap Send App for your own personal use. You may not duplicate, publish, modify, create derivative works from, participate in the transfer or sale of, post on the internet, or in any way distribute or exploit the Taptap Send website, App, Services or any portion thereof for any public or commercial use without our express written permission. You may not: (i) use any robot, spider, scraper or other automated device to access the App or the Services; and/or (ii) remove or alter any copyright, trademark or other proprietary notice or legend displayed on the Taptap Send website (or printed pages of the website). The name “Taptap Send” and other names and indicia of ownership of Taptap Send’s products and/or services referred to on the Taptap Send website are our exclusive marks or the exclusive marks of other third parties. Other products, services and company names appearing on the website may be trademarks of their respective owners, and therefore you should not use, copy or reproduce them in any way.
15.1. You acknowledge that this Agreement is entered into electronically, and that the following categories of information (“Communications”) may be provided by electronic means:
15.2. The Services do not allow for Communications to be provided in paper format or through other non-electronic means. You may withdraw your consent to receive Communications electronically, but if you do, your use of the Services will be terminated. To withdraw your consent, you must contact us by email.
15.3. Copy of Agreement: This Agreement is available for you to review at any time via the App or on our website. We will email a copy of these terms to you when you first register for the Services. You can also ask us to email you a copy of these terms (including any modifications) at any time.
15.4. Transfer History: Each month, we will email you at the email address you have provided, notifying you that your monthly Transfer History is ready for viewing via the App. You may also download the Transfer History from the App for your own records.
15.5. Security: If we have to contact you because of a suspected or actual fraud or security threat, we will do it by calling or texting your mobile number.
15.6. App: In the event of a conflict between information on the App and information on our website, please rely on the information on the App.
16.1. Governing Law: This Agreement is governed by the DIFC laws.
16.2. Disputes: If you want to take legal action against us in the courts, only the DIFC courts can deal with a dispute between us in connection with this Agreement and our Services.
16.3. No Third Party Rights: Nothing expressed or referred to in this Agreement will be construed to give any person other than the parties to this Agreement any legal or equitable right, remedy or claim under or with respect to this Agreement or any provision of this Agreement. This Agreement and all of its provisions are for the sole and exclusive benefit of the parties to this Agreement and their successors and permitted assigns.
16.4. Language: This Agreement is made in English. English is the language that we’ll communicate with you in (unless otherwise required by law).
16.5. Waiver: If you have broken the Agreement and we don't enforce our rights, or we delay in enforcing them, this will not prevent us from enforcing those or any other rights at a later date.
16.6. Transfer of rights: You may not transfer any of your rights or obligations under this Agreement. We may transfer or assign this Agreement and/or any of our rights and/or obligations this Agreement at any time without your consent.
16.7. Entire Agreement: This Agreement is the entire agreement between us. It replaces any earlier understandings, agreements, or discussions between us about the subject matter of this Agreement.
16.8. Severability: If any provision of this Agreement is held invalid, illegal or unenforceable, the remaining provisions will not be affected in any way and you agree to accept a replacement of such provision.