Business Terms & Conditions
1. About Hubpay
Hubpay Limited is a company incorporated under the laws of the ADGM. We are regulated by the FSRA (registration number 00004051) and licensed for Providing Money Services under category 3c of the ADGM Financial Services and Markets Regulations. Our registered office and contact address is at Office 15-116, WeWork Hub71, Al Khatem Tower, ADGM Square, Al Maryah Island, Abu Dhabi, UAE.
2. Our Terms and Conditions
This document contains the Terms and conditions (“Terms”) which apply to your Hubpay account with us and related Services we provide to you. You agree to these Terms when you apply to open your account and when you use the Hubpay app, the Hubpay web-based portal, or website. By using our Services, you confirm that you have read and accepted these Terms. These Terms are important as they govern the relationship between Hubpay and you, including the use of our wallet and related services. These Terms together with our Privacy Policy and our Fees and Charges set out in this document, represent the legal agreement between you and Hubpay (“the Agreement”). Please read these Terms before you use the Services, we provide to you. Also please read the other documents referred to here and which apply to your use of the Services – including our Privacy Policy. The Terms are available via the Hubpay app and on our website. They are also available on email by contacting customer support. Additional information on how your account works is in our FAQs which is found on our app.
3. Your account
Your account is an electronic money account or wallet which enables you to send and receive electronic payments. Your Hubpay account is an electronic money account and not a bank account. The electronic money held in your Hubpay account does not expire other than when your account is closed. The electronic money held in your Hubpay account will not earn any interest.
The Account allows you to:
Make payments to suppliers and vendors
Transfer into own international corporate accounts for business needs
Pay salaries to your international employees
Make payments for any other business needs
Make payments in connection with one or more obligations hereunder (including in respect of Trades and Margin)
Maintain balances in the currencies denominated by you
Receive funds from third parties
Manage your account through the app
We are obligated under the FSRA rules to ensure that any funds received from you are protected under the FSRA’s Client Money Provisions. These funds will be held in one or more of our pooled Client Money accounts maintained with a Third-Party Agent and will be segregated from our own funds. In the event of our insolvency, winding up, or any other Pooling Event stipulated by the FSRA, these funds will be governed by the FSRA’s 'Client Money Distribution Rules' as outlined under the ADGM Law.
3.1 Eligibility to use our Services
You must be 21 years or over to open an account with us
You must be validly resident in the UAE
You must be registered in the UAE, if you are not a natural person
You must have a UAE registered mobile number beginning +971
Only the approved Authorized Party must use this Hubpay account; you must not let another person or business use the account
You must not use the account to facilitate any activity which is illegal or may be deemed illegal
You must transfer money to your Hubpay account only from a bank account in the name of the business for which the Hubpay account has been opened
You must not sell, transfer, or assign your Hubpay account (including any associated wallet Balance) to any third party
3.2 When you open an account you agree and confirm that:
you will provide us with accurate, current, complete, and true information and any documentation required under these Terms.
you will keep your information up to date.
you will provide evidence of your identity and any additional information or evidence we may require confirming your identity, and information on transaction recipients. By law, we are required to undertake due diligence checks on you and those you transact with, including and not limited to the transaction recipient.
you will comply with all applicable laws, regulations or ordinances, and orders of governmental authorities, including privacy laws and anti-money laundering laws.
you will not use the Services and/or the Hubpay account for the purposes of money laundering, tax evasion, terrorist financing or any other illegal activities.
you have full power, capacity and authority to enter into and perform your obligations under this Agreement or any transaction contemplated by this Agreement.
if you are not a natural person, the person(s) signing this Agreement has been duly authorised to execute this Agreement on your behalf and you are duly organised, validly existing and in good standing under the laws of the jurisdiction of your incorporation.
you and each Authorised Party have and will maintain all required rights, powers, authority, permits, licences, consents, permissions, and authorisations to enter into this Agreement, make use of the Services and to perform your obligations under this Agreement.
you authorise and agree to our verification of any information and/or documentation provided from sources we consider appropriate.
you understand that if we hold your funds in a jurisdiction outside the ADGM, the market practices, insolvency, and legal regime applicable in that jurisdiction may differ from the regime applicable in ADGM.
you will be liable to pay any applicable fees in connection with our services. We may impose fees or charges for our services, including but not limited to, use of the Hubpay account, making a payment or a Trade.
you are responsible for paying any costs, taxes, fees or charges that may apply to you but are not charged by us and/or won’t be paid through us. It is your responsibility to determine what, if any, taxes apply to the payments you make or receive, and it is your responsibility to collect, report and remit the correct amount of tax to the appropriate tax authorities. From time to time we may ask you to confirm the information we hold and / or provide additional information and documents to help us manage your account.
4. Contact between us
You can contact us through the help button in the app using your mobile phone or using email at help@hubpay.ae. Our website address is www.wearehubpay.com. Our communications with you will be through social media, the in-app chat, SMS, email, and by phone where appropriate. We will inform you when there are updates to Hubpay Terms and Conditions and where else we feel appropriate. If you do not check your email and or other methods of communications which we use to contact you, you will miss communication about your transactions and our Services. We cannot be liable for any consequence or loss if you do not check your methods of communication.
5. How to use the Hubpay App.
You can download the Hubpay app for free on Android devices from the Google Play Store. You can download the Hubpay app for free on Apple devices using the iOS App Store.
You can use the Hubpay web-based portal using the link provided to you by a Hubpay representative.
To open your Account, follow the on-screen instructions in the Hubpay app and upload the information requested when signing up.
Each time there is a payment in or out of your account you will receive notification to your mobile phone. All historic transactions will be visible in the app.
5.1 Adding money to my account
You can add money to your Hubpay wallet by securely linking your bank account to your wallet. If your bank is not listed on the Hubpay app, you can contact us for our bank account details in order to transfer the money directly from your bank account, subject to our approval. Once you have transferred funds, we will reconcile the transfer and will update your account balance. Although your funds will be visible in your Account, you will only be able to use them to transact once Hubpay has received payment. We will advise you of when your funds have been applied to your account by SMS to your mobile phone.
5.2 Receiving payments from third parties
We can provide you with essential account information, including an account number and other relevant details, that will enable you to receive payments in a given currency. These account particulars serve as a routing address for your Hubpay account and will ensure that payments made using this information will be accurately credited to your Hubpay account balance.
You can receive payments from the following third parties:
your customers
vendors or commercial partners
entities within your corporate group
any other third party, subject to a prior approval from Hubpay
You confirm that your request for payments in respect of the collections relate to goods and services in respect of intercompany transactions and invoices, and parties to whom you supply goods or services.
You agree and confirm that we may act in accordance with your instructions to collect payments which will be undertaken in conjunction with our payment solutions partners.
You acknowledge and agree that any payment processed may be subject to limits and conditions imposed by the relevant legislation and regulatory authority.
We may charge you a fee for this service and the provision of such service is subject to our discretion and the Applicable Laws.
Whenever you are expecting to receive payments from your third parties through us, please notify a Hubpay representative in advance of the payment being initiated by the third party.
The currencies supported by us for this service are subject to change from time to time. Prior to initiating the payment, please consult with a Hubpay representative to confirm whether the currency of the payment you wish to receive from your third party is supported by us. If you receive a payment in a currency different from the currency of your Hubpay account, the funds will be converted into a currency of your Hubpay account. We will not be liable for any losses that you or your third party may incur as a result of the currency conversion.
Upon receipt of funds on behalf of you from your third parties, we will issue the corresponding value of electronic money to your Hubpay account.
Payments will be credited based on the settlement time period provided by our payment solutions partner, which may differ depending on the remittance corridor. You acknowledge that delays may occur on transferring funds between us and our payment partners for reasons related to the operation of the financial network and the banking system and we are not liable for any such delays in the processing of payments.
For certain payments, we may ask you to provide additional information, such as the purpose of the payment, copies of invoices, or any other information or documentation that may be required in accordance with the Applicable laws or to help us comply with our obligations to our Regulator. You must provide the required information or documentation to us in a reasonable timeframe.
You must not use this service to facilitate any activity which is illegal or deemed to be illegal or contrary to Applicable Laws.
You acknowledge and agree that any taxes arising from your payments are your responsibility, and you commit to collecting, reporting, and remitting the correct taxes to the relevant tax authorities in all applicable jurisdictions.
We reserve the right to refuse to provide you with account details or terminate the provision of such services, depending on any specific restrictions or Applicable Laws.
We are not responsible for any losses that you or your third party may incur as a result of:
incorrect account or payment instruction details entered by your third part
a delay in receipt of funds
a payment being declined or cancelled by the banks involved in the transaction
Payments made to your Hubpay account maybe subject to reversal depending on certain circumstances. We will not be liable for any losses that you may incur as a result of the reversal.
5.3 Sending payments, booking trades, and making withdrawals
You can send money from your Hubpay account as often as you wish. You need to provide us with sufficient funds before we can process your payment order. We will only process your payment order if we hold or have received sufficient cleared funds in your Hubpay account. To make a payment or book a Trade you will need to sign into your Hubpay account or contact a Hubpay representative to initiate the payment on your behalf. Limits may apply to the amount you can send in a single transaction.
You can make a payment or book a Trade:
Online through the Hubpay app and/or the Hubpay web-based portal
By calling a Hubpay representative and specifying the payment details, along with other information as we may reasonably request. We may send you an email and have you confirm the payment details by way of a response to our email
By sending an email to a Hubpay representative, with the necessary information
We will not allow you to make any payment or Trade out of your Hubpay account where this would put your account into a negative balance. You should always ensure that you have sufficient funds in your Hubpay account to cover any payments, Trades or any liabilities (including Margin) towards us. If you do not have sufficient funds in your Hubpay account or if there is any outstanding amount that you owe us, we reserve the right to postpone or cancel a payment or Trade, and we may impose a charge to cover the costs that we may incur for such action. The maximum amount you can send in a day is subject to a maximum limit which may vary. Transaction limits are shown clearly in the app when initiating a transaction. If your transaction totals exceed this in any given day, the transaction which breaches this limit will be declined along with any subsequent transactions until the next day.
Depending on the country you are sending a transaction to, there may be a receiving limit set by that country. Hubpay has no control over the country transaction receiving limit. For any payment, you will need to provide us with the amount you wish to send, the recipient’s full name as per government-issued photo identification (wherever applicable), SWIFT/BIC and IBAN details of the recipient. We will also need information that allows us to identify the recipient and undertake checks on the information you have provided. These may cause delays in processing the payment. It is your responsibility to make sure the payment details are correct and complete. Incorrect details might delay your payment or cause it to be rejected. Money sent to a wrong account could be lost. Hubpay does not accept any liability for incorrect details resulting in delayed or lost payments.
Where we may reject, suspend, amend, decline or cancel a payment or Trade and we shall notify you as soon as reasonably practical, and to the extent permitted by Applicable law, along with the reasons for such action.
Once we have received and confirmed your payment or Trade instruction, we will provide you with the following information by way of a Transaction receipt and/or a Payment Instruction confirmation:
The amount of the sale currency and/or the purchase currency
The foreign exchange rate we intend to apply
The fees or charges applicable to the payment or trade
Amount to be made in respect of the payment or Trade
Any Margin payable by you as a consequence of such payment (which we may later request at our discretion)
Any additional information relevant to the payment or Terms that we intend to apply to the payment
Date and Time
You must carefully review the Transaction receipt and tell us within one (1) hour of booking the Trade or initiating the payment, if you think any of the details are incorrect. We reserve the right to impose additional charges on you for any modifications requested by you.
If we do not hear from you within the timeframe above, you understand and agree that you will be deemed to have agreed with the information provided on the Transaction receipt.
You must pay us the full amount associated with a Trade on or before the settlement or delivery date. If we have not received the payment by the settlement date, we may:
Refuse to fulfil the Trade
Close out the Trade
Charge an interest on the unpaid sum due to us under this Agreement. The interest will accrue daily from the original due date (but excluding) to the actual payment date when the funds were cleared.
Failure to settle the amount associated to a Trade prior to the settlement or delivery date, will be considered as a material breach of this Agreement and you shall be fully liable for any loss that we incur as a result of this failure.
Unless otherwise agreed by us, your payment or Trade instruction may not be revoked or cancelled after it has been received by us.
You understand and agree that in the event a Trade is cancelled:
If we have already received the payment amount for the Trade, we will refund the amount after deducting the charges related to changes in the FX rate between the time transaction was booked and the time it was cancelled.
We will not refund any fees that you are liable to pay in respect of the Trade
We may charge you an additional fee for cancelling the Trade
If we have not already received the payment amount for the Trade, you will be liable to pay us all of the above charges and we reserve the right to put a temporary hold on your account until the charges have been settled by you.
Unless otherwise agreed by us, any redemption from your Hubpay account will only be to the bank account which you notified to us when you first registered to use our services.
5.4 Timing of payments.
Hubpay aims to make sure payments arrive at their destination as quickly as possible.
Hubpay wallet top ups will be executed within a reasonable timeframe of the funds being sent to our bank account. The funds will be reconciled as soon as the transfer is received in our bank account.
International payments will be deposited into the beneficiary's bank account within the settlement time period indicated on the Transaction Receipt and/or the Payment Instruction Confirmation. Transactions are subject to regulatory checks by our payment partners and receiving banks. If your payment is subject to additional checks, this may cause a slight delay in the receipt of your payment into the beneficiary bank account.
Payments or Trades made on a day which is not a business day will be deemed to have been received on the following business day.
We are not responsible for any delays by the receiving party bank in crediting the recipient’s account.
If you wish to send a high value transaction, please notify us 24 hours in advance.
5.5 Information we provide to you when you send money:
The amount that you have sent
The amount the recipient will receive
A specific transaction reference number
The date of the payment and the date the money is accessible by you
The charges payable for the transaction
The currency used for the transaction
The exchange rate that we will apply to your Transaction
An estimation of time it will take for the funds to be made available to the Recipient.
The date and time of the transaction
5.6 Incorrect or misdirected payments
In the instance where you provide us with incorrect details, we will make reasonable efforts to assist you in getting your money back. We may charge you for our efforts in the recovery. If we are unable to recover the money, and if you request us, we will provide you with the relevant information in order for you to reclaim payment of the money. You will not be able to claim a refund from us when you give us incorrect instructions or we can show that the bank we sent your payment to has received funds, or you failed to keep your account security details safe, or you acted fraudulently. You must notify us without undue delay if you have made an incorrect or misdirected payment. You can contact us at help@hubpay.ae with your Transaction reference number and query.
If an incorrect payment is made on your account as a result of our error, we shall refund the payment and any related fees. Where a payment is delayed, we will request the bank receiving the payment to value date the payment no later than the date that would have applied had it being made correctly.
If any payment is paid into your account in error, you authorise us to debit your account by the amount of the payment.
5.7 Holding funds on your wallet
We will refund amounts directly to the account which you have registered with us and funded your wallet from. We will refund amounts on a first-in-first-out basis, meaning that any residual balance from your oldest wallet funding transaction will be repaid first. Requesting a refund from your Hubpay wallet to your bank account will incur a processing fee of 50 AED. Refund requests may take up to 5 business days to complete.
5.8 Refunds
If any fraudulent or unauthorised payment is made from your account, we shall refund the amount unless the exceptions below apply. Where we are liable for unauthorised payments arising from loss or theft, we may require you to pay up to $50 of any such loss
Refunds shall not apply, and we will not be liable for any losses in respect of unauthorised payments:
if you have acted fraudulently, or
with intent or gross negligence, you compromised your account security details or failed to adhere to the security obligations in this Agreement or your actions have caused or contributed to the unauthorised payment
if you fail to notify us without undue delay, of the loss or misuse of your password or other security protections that could compromise the security of your account, or
if you fail to notify us without undue delay that an unauthorised transaction was made or security on your account was compromised or your security details stolen
• if you fail to dispute the transaction within 12 months of the date of the transaction.
5.9 Payments refused, stopped, or delayed
We reserve the right to refuse to make a payment, stop a payment, or delay a payment if:
we believe that processing your instruction would breach these Terms or you have not provided the accurate and complete information we need to make the payment properly;
we suspect your account and/or the payment is exposed to unauthorised or fraudulent use or your security has been breached or compromised
the amount is in excess of any transaction limit that applies to your account
you do not have sufficient funds in your Hubpay account
legal or regulatory requirements prevent us from making the payment or mean that we need to carry out further checks
a bankruptcy order is made against you or you have entered into an individual voluntary arrangement with your creditors;
we are prevented from making the payment due to any Force Majeure Event
a third party prevents us from making the payment
we have asked you for important information we reasonably need, and you have not given us that
we have suspended your account
you are in breach of these Terms
We will contact you through the Hubpay app in the event of a refused, stopped, or delayed payment (and seek to resolve the position, unless prevented by law or regulations).****
6. Closing your account
You may close your account and terminate the Agreement at any time through the app or by contacting customer support. You can elect to withdraw any balance on your Hubpay account to your identified bank account, or we will send any money from your Hubpay account to your bank account automatically. We will not charge you if you decide to close your account.
However, you must not close your Hubpay account to avoid an investigation. If you attempt to close your account during an investigation, we may hold your money until the investigation is fully completed in order to protect our or a third party’s interest. You agree that you will continue to be responsible for all obligations related to your Hubpay account even after it is closed.
We may, at any time, close, terminate or suspend your account or stop you using the app immediately if:
we have reason to believe that you are acting fraudulently;
you have not given us the information we need, or we have good reason to believe that information you have provided is incorrect or false;
you have failed to successfully pass our customer KYC and/or KYB due diligence and sanction checks;
you have provided us with false evidence of your identity or business activities, or you keep failing in providing us with true, accurate, current, and complete evidence of your identity or business activities, or details regarding transactions.
if you or your business entity have broken these Terms and conditions in a serious or persistent way, and you have not put the matter right within a reasonable time of us asking you to;
you or your business entity have broken or attempted to break, any law or regulation which is applicable to your account
we have reason to believe you or your business entity are engaged in fraudulent or criminal activity, money laundering or terrorism financing
we have reason to believe that you tampered with or interfered with the security of our app, website or
If we believe your account is exposed to unauthorised use, or fraud or your security has been breached or compromised
if we have good reason to believe that you continuing to use your account could damage our reputation or goodwill or cause us to be in breach of any applicable law or regulation
you or your business entity have been declared bankrupt;
we are obliged to do so under any law, regulation, court order
you or your business entity are in breach of this Agreement
If your account is suspended, we will use reasonable endeavours to notify you as soon as reasonably possible (unless we are prevented by applicable law or regulations), but we reserve the right not to do so.
7. Fees and charges
International payments
A. Our fees and charges will be clearly set out at the point of making an international payment in the Hubpay app. Where we execute an international payment at your request, the cost to you will be made up of a foreign exchange rate and, where it applies, a transaction fee and applicable taxes. You will be able to see the total cost (exchange rate plus any applicable transaction fee and taxes) in the Hubpay app when you make the payment.
Our exchange rates are based on foreign exchange market rates and a FX spread may apply. Our rates are variable and may change from time to time based on changes in the foreign exchange markets.
We reserve the right to make changes to our rate of exchange at any time without providing notice. We reserve the right to change the FX Spread when the markets are closed (weekends, public holidays) to prevent losses arising from currency market changes.
Other charges and fees
Some charges apply to the use of our Services and these are shown in the Schedule of Charges on our website. The charges may change, subject to our Terms and Conditions. For example, we may charge you for amendments to transactions you have requested.
B. Hubpay is not liable for the following charges which may be incurred:
If your bank charges you for sending money to your Hubpay wallet.
If the recipient’s bank charges them for receiving money to their account.
If your bank charges you for inward remittance to your bank account.
8. Personal Data
As a regulated financial institution, we require information from you to open and maintain your account and to meet our legal and regulatory requirements. By entering into the Agreement, you are giving us permission to process and retain your personal and business information for the purpose of providing payment services to you. This does not affect any rights and obligations you or we have under data protection legislation.
8.1 How we use your personal data
Our Privacy Policy tells you how we will use the information you share with us. By using our Services, you consent to the Terms of our Privacy Policy. This is available on the app and website. We are required by law to obtain, verify, and record information about our customers, including KYC and KYB information. We may disclose customer information if we are required to do so by law, by our financial partners in order for them to fulfil their regulatory obligations, by court order, by any statutory, legal or regulatory requirement, by the police or any other competent authorities in connection with the prevention or detection of crime or to help combat fraud, money laundering and terrorism financing. We may also report suspicious activity to appropriate competent law enforcement or government authorities. We may listen in to or record phone calls with you to help detect or prevent fraud or other crimes, ensure that we are meeting regulatory obligations, use in any dispute or legal proceedings, improve or services.
8.2 Keep us up to date.
Any changes to the information you give us should be updated on the app to keep it accurate and current. From time to time we may ask you to confirm the information we hold about you or provide updated verification documents. You must notify us immediately by sending an email to onboarding@hubpay.ae, if any of the information you have previously provided to us changes, including:
a change of name, registered address, directors, country of incorporation, Authorised Party, shareholders or beneficial owners;
a material change to your business activities or operations;
A change in your license or regulatory information
a material change to your financial position
9. Complaints and Feedback
We aim to provide the best service to you as our customer and learn about your experience with Hubpay. If you have a complaint or any feedback about your experience using Hubpay, you can reach us through the Hubpay app or email us at help@hubpay.ae. We will do our best to respond back to you and resolve any complaints as quickly as possible, and in any event within 15 business days from the date your complaint was properly filed with us. Details of our complaint resolution procedures are available on our website and documented in this Agreement.
10. Your account security
You are responsible for the security of your personal details. You must take all necessary precautions to prevent any unauthorised access to your account. You must keep your account safe at all times by:
not sharing your security details (e.g. login codes, passwords) with anyone
changing your password regularly
use a passcode that is different from any other accounts
adhere to the authentication process
keep your mobile device and your email secure
close the app on your device when not in use
You must notify us immediately of the loss, theft or unauthorised use of your password or other security protections that could compromise the security of your account, and notify us when you become aware that an unauthorised transaction was made or security on your account was compromised or your security details stolen. You can contact us by emailing help@hubpay.ae.
Hubpay will never ask you to provide your password. If we find security issues on your account, we will contact you (see above on how we will do this). You should always download software updates on your mobile device and any updates to our App via the App Store and/or Google Play.
We may record phone calls with you to check your instructions and for security purposes. 10.1 Access We endeavour to ensure our Services are always available and interruptions do not occur. However, we cannot guarantee that this may happen on occasions, and we will not be liable to you if this occurs.
11. Intellectual Property
Our Intellectual Property rights include, but are not limited to, our app and website and their design, our logo, and graphics. You must not:
alter, sell, publish, or reproduce any part of our app or website, or any of its contents;
try to gain unauthorised access to our app or website, or any server, computer, or database connected to our website;
reverse engineer any of our services
link any part of our website to any other website, or frame any part of our website on any other website;
engage in any data mining, data extracting, or any similar activity, in relation to our app or website;
upload any illegal or defamatory content to our website, or introduce viruses, or any other harmful code.
11.1 Links to other people’s sites:
Our website may include links to websites we do not operate or control. These links are for your convenience and for information only. We do not endorse these linked websites and have no responsibility for the content on them and when you access these links you do so at your own risk.
12. Changes to this agreement
From time to time we may require to change these Terms. Changes to our Terms may be made to:
improve our services or the introduction of new services
changes in technology
changes in our legal and regulatory requirements.
changes in how we run our business
We shall give prior notice of any changes to these Terms on the app or our website. Proposed changes will be notified no later than two months before the date on which they are to take effect, unless such changes are required by Applicable Law, or are to your advantage. Continued use of your account or access to our website after the date on which the changes come into effect will be deemed acceptance of the changes. If you do not wish to accept the changes, you can notify us, and we will close your account without charge Changes to exchange rates may be applied without notice.
13. Our Responsibility
We are not responsible for unforeseeable losses or events outside of our control.
We are not liable for any loss or damage caused by a computer virus or other technological attacks that may infect your device.
We are not responsible for the content or use of third-party websites that are linked to our website.
Where it is unlawful to do so, we do not exclude or limit our liability to you, e.g. liability for death or personal injury caused by our negligence, or for our fraud or gross negligence
We provide our website to you “as is” and you use it at your own risk. As such, we are not responsible to you or any third party for any loss or damage arising from your use of our website, your breach of this Agreement or any of its Terms or any other applicable Terms and conditions, or the negligence, acts or omissions of us, our employees, agents or sub-contractors.
We will not be responsible or liable to you or any of your affiliates, for loss of profits, loss of operations, loss of data, loss of contracts, loss of anticipated savings or benefits, loss of market shares, loss of goodwill or increased costs or expenses arising from your use of the Hubpay app or website or any third party services provided through our website, including the unavailability of services, incorrect execution or delay in supplying any of the services.
We shall not be responsible for any failure or delay in performance of any obligations under the Agreement arising from or attributable to acts, events, omissions or accidents beyond our reasonable control, including, without limitation, where our failure to perform our obligations arise from:
occurrence of or in connection with any Force Majeure Event
the acts, decrees, legislation, regulations, or restrictions imposed by any government or state;
the actions or omissions of any third parties;
malfunctions in communications facilities which cannot reasonably be considered to be under our control and that may affect the accuracy or timeliness of messages you send to us;
any losses or delays in transmission of messages arising out of the use of any internet access service provider or caused by any browser or other software which is not under our control; or
any Malicious Code interfering with the Service (each, a “Force Majeure Event”).
We shall notify you in writing within 10 calendar days of occurrence of any Force Majeure Event and if such event prevents us or makes it impracticable for us to provide Services to you, then we shall have the right to terminate this agreement without any liability to us. This will not have any impact on your right to any money that you hold in your Hubpay account.
14. Rewards
From time to time we may launch reward schemes. Details are available on our app and website.
15. Definitions
The capitalised Terms below shall have the following meanings:
Account means the electronic money account you operate through our Application in accordance with this Agreement
Agreement means, collectively, these Terms and Conditions, the Privacy Policy, and any other documents incorporated by reference herein.
ADGM means the Abu Dhabi Global Market, an international financial centre established in the Emirate of Abu Dhabi, United Arab Emirates by Federal Decree No. 15 of 2013 Concerning Establishing a Financial Free Zone in the Emirate of Abu Dhabi;
ADGM Data Protection means the data protection regulations of 2015
ADGM Law means the laws, regulations, and rules of the ADGM and the FSRA in force from time to time;
Application or app means the Hubpay mobile phone and the Hubpay web-based portal to provide the Services and the related information.
Applicable Laws means any applicable law, statute, or legally binding requirement in force from time to time in any jurisdiction.
Authorised Party means any person that you notify us in writing from time to time is authorised to act on your behalf
Balance means any amounts held in your Account with us • Business Day means a day when banks are open for business in the UAE
FSRA means the Financial Service Regulatory Authority of the ADGM • Fees means the charges payable to us for the Services
FX Spread is where you pay for a transaction in one currency and it is paid out in another currency, we apply an FX spread
Force Majeure means an event which is beyond the reasonable control of a party including, without limitation, an act of God, fire, flood, earthquake, storm or other natural disaster, explosion or accidental damage, war, threat of or preparation for war, armed conflict, imposition of sanctions, embargo, export controls, breaking off of diplomatic relations or similar actions, terrorist attack, civil war, civil commotion or riots, pandemic or epidemic, labour strike or industrial disputes, compliance with any governmental order, rule, regulation or direction, shortages of raw materials or components, general disruptions to transportation, telecommunication systems, power supply or other utilities
Margin means such amount that we determine at any time and from time to time (in our sole discretion) that you are required to provide to us for the purposes of securing or otherwise collateralising your obligations and liabilities to us under this Agreement or otherwise
Personal Information has the meaning given in the ADGM Data Protection Regulations 2015
Recipient or Receiver means the person who receives (or intends to receive) the money through the Services;
Sender means the person who initiates the carrying out of a money transfer through the Service
Services means all products, services, content, features, technologies, or functions offered by us and all related websites, applications (including the App), and services (including the Website).
Third-Party Agent means a bank or financial institution that holds a Client Money account in Hubpay’s name, but designated as a Client Money account. The FSRA’s Client Money Provisions apply to the Client Money account(s) maintained with these Third-Party Agents
Trade means a Spot Contract or any other transaction we enter into with you under or in connection to this Agreement
Website or Hubpay Website means the website available at www.wearehubpay.com
“We”, “us”, or “our” means Hubpay
“You”, or “your” means you, the natural person or entity in whose name the Hubpay account is opened and maintained
16. Legal
This Agreement is governed by and construed in accordance with the laws, regulations, and rules applicable in the ADGM. Any dispute between you and us in connection with your Account and/or this Agreement may be brought exclusively in the courts of the ADGM.
The English language is the applicable language to these Terms. The English language version of these Terms shall apply and prevail and be conclusive and binding.
This Agreement is between you and us. No other person shall have any rights to enforce any of its Terms.
You may not transfer, assign any or all of your rights and obligations under this Agreement without our prior written consent. We reserve the right to transfer or assign the benefit of this Agreement or any right under this Agreement at any time without your consent. This does not affect your rights to close your Account.
Each of the paragraphs of this Agreement operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
If we delay in enforcing our rights against you or in taking action, it will not prevent us taking steps against you at a later date.
This Agreement supersedes and extinguishes all previous agreements between you and us, whether written or oral, relating to its subject matter.
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