Barq Financing Terms & Conditions

These Terms and Conditions ("Terms") have been designed to provide clear guidance and legally binding terms in respect of services provided byBarq Financing Finance Company, a company duly incorporated under the laws of the Kingdom of Saudi Arabia (hereinafter referred to as "Barq Financing ", or "the Company"). These Terms govern the use ofBarq Financing application for financing services, theBarq Financing website and your relationship with the Company as well as any other services that are made available through the use of theBarq Financing application from time to time (the "Services"). This document is available both in Arabic and English.

These terms are presented to you for your review and acceptance before you give your consent to complete the login and registration process (hereinafter referred to as "Registration") by the Company. Registration is a prerequisite for using theBarq Financing application, theBarq Financing website and the financing products it provides. Registration requires the Company to perform Know Your Customer ("KYC") in order to verify you as the authorized user of the Services and will only be done when you determine your acceptance of the Terms.

Please read these Terms carefully before completing registration as the Terms affect your rights and obligations under the laws of the Kingdom of Saudi Arabia. If you do not agree to these Terms, please refrain from usingBarq Financing application by registering, thereby acknowledging that you have read, understood and agree to be bound by these Terms.

Definitions

The following words and phrases shall provide the following meanings as follows:

1. "Application" means the mobile app used as the digital platform to availBarq Financing products and services.
2. "SAMA" means the Saudi Central Bank.
3. "SIMAH" means the Saudi Credit Bureau.
4. “BAYAN” means Bayan Credit Bureau.
5. "Customer Care Center" means the centralized customer care number which Customers may access 24 hours a day to report any technical problems.
6. "Distributor/Agent" is the vendor assigned and/or listed byBarq Financing to provide products and services.
7. "Distributor’s Services" are the services and functions undertaken by the distributors/agents listed withBarq Financing.
8. "KYC" refers to the "Know-Your-Customer" process and to the business entity details of a customer which is authenticated as per SAMA and other government entity requirements.
9. "Lending" refers to the financing products offered toBarq Financing Customers.Barq Financing’s determination of the Customers eligibility to receive financing will be atBarq Financing’s sole discretion and in accordance with the defined qualification criteria and policies.
10. "Money Laundering" refers to all activities prohibited in accordance with the KSA’s Anti-Money Laundering laws and rulings.
11. "Activation Code" means the 4-digit pin code that maybe issued to the Customer upon registration to theBarq Financing app. The 4-digit pin code is used to activate the Customer’s account.
12. “Barq Financing Finance Company” is a joint stock company registered under the laws of the Kingdom of Saudi Arabia, with a registered headquarters located in Riyadh.

 Registration and Requirements

1. Registration to theBarq Financing account can be completed through the App.
2. Registration is subject to the collection of complete KYC information and validation of Customer’s identity in accordance with SAMA regulations.
3. Barq Financing reserves the right, at any time, to undertake all relevant steps and procedures necessary to ensure compliance with all relevant and applicable SAMA KYC requirements.
4. The Customer/or his representative must certify that all information provided is correct, complete, and precise.
5. Barq Financing reserves the right at any time to reject an application onboarding request in the event of any discrepancies or inaccuracies in the information or documentation provided by the Customer.
6. Upon registration to theBarq Financing app, the Customer/or his representative will receive a confirmation message that verifies the successful creation of the account.
7. When registering for theBarq Financing application, the customer/or his representative will receive a confirmation message confirming the successful creation of the account.
8. The customer/or his representative is solely responsible for the accuracy of the information provided. If the information provided by Customer is determined to be incorrect, erroneous or misleading,Barq Financing bares no responsibility and is not liable for any consequences that may result from the provision of such misleading information. 
9. If the customer/or his representative has actual or constructive knowledge regarding the inaccuracy of the information provided about his Account, the Customer must notifyBarq Financing by contacting to 8001111810 or [email protected] as soon as possible.
10. IfBarq Financing discovers that the information provided by Customer/or his representative is false, erroneous or misleading,Barq Financing reserves the right to terminate the Customer’s Account at any time, with or without notice.
11. A termination byBarq Financing will be effective immediately or as may be specified in a notice. 
12. Termination of the Customer’s Account will include disabling the Customer’s access to the APP as well.

 Security and Unauthorized Usage

1. The Customer/or his representative shall be solely responsible for the confidentiality, safety and security of their username and password in the app. 
2. The Customer/or his representative shall be solely responsible for the consequences arising out of unauthorized use of theBarq Financing app. 
3. If service is lost, malfunctioned or otherwise compromised, the customer/or his representative shall promptly informBarq Financing by contacting 8001111810 or [email protected] where the account will be blocked and new Credentials will be issued to the Customer after the requisite validation.
4. The Customer/or his representative is responsible for maintaining the secrecy of the username, password and any other access Code provided byBarq Financing.
5. The Customer/or his representative is prohibited from disclosing the log in details Code to anybody, including the Customer Care employee or Customers Care Center.

Customer’s Obligations

1. The Customer /or his representative is responsible for any fees and charges associated with the financing facilities provided.
2. The Customer /or his representative shall not useBarq Financing Services for any purpose that may be construed as contrary or unacceptable to any applicable laws, SAMA regulations, guidelines, judicial statements,Barq Financing policies or public policy or for any purpose that might negatively affect the reputation ofBarq Financing

Data Protection and Confidentiality

1. Privacy of communication is subject to the terms granted by SAMA and its resolutions and circulars. The Customer/or his representative agrees that in order to facilitate the provision of Flexi Barq Services,Barq Financing may be required by law or otherwise disclose any information or details about the Customer to any government authority.
2. The brand names, logos, design, compilation, information, computer code (including source code and object code), products, software, services, and all other elements of the app provided byBarq Financing are protected by copyright and patent and are the sole property ofBarq Financing and any unlawful use or copy will be dealt with in the relevant court law. 
3. information and financial data of Customer can only be accessed and used by authorized employees of the company.
4. Barq Financing shall utilize all reasonable measures to ensure that Customer Transactions and information remain secure and confidential.
5. Barq Financing holds no warranty of any kind about the system, the network, system functionality, performance, or for any loss or damage, whenever and whatsoever suffered or incurred by the Customer resulting from connection disruption during the use ofBarq Financing application.

 Disclaimer and Indemnity

1. Barq Financing and its affiliates, licensors, suppliers, advertisers, sponsors and agents disclaim all warranties, express or implied, including, without limitation, implied warranties of title, non-infringement, accuracy, merchantability, and fitness for a particular purpose, and any warranties that may arise from course of dealing, course of performance or usage of trade. 
2. The Customer/or his representative acknowledges that they are responsible for obtaining and maintaining all mobile, hardware and other equipment needed to access and use the app, and all charges related thereto.
3. Barq Financing makes no express or implied warranty, guarantee, or undertaking whatsoever regardingBarq Financing services, which are not expressly mentioned herein.
4. Barq Financing shall not be liable to any entity or person for any delays, loss of business, profit, revenue, anticipated savings, damages, fees, costs and expenses whatsoever in relation to the services incurred byBarq Financing.
5. The Customer /or his representative agree to indemnify, defend and holdBarq Financing and/or related parties harmless from all claims, losses, damages, liabilities, costs and expenses, including and without limitation legal fees and expenses, arising out of or related to the use or misuse of theBarq Financing application, for any violation of these Terms and Conditions, or any breach of the warranties, and covenants.

 Changes of Terms and Conditions

1. Barq Financing has the right to make any changes to these Terms and Conditions at any time. 
2. The Customer’s/or his representative continuous use of theBarq Financing Services following any enhancement /alterations and/or change of policies and Terms would indicate the acceptance of the updated terms and policies. 
3. The Terms herein shall be subject to the notifications/ guidelines issued by SAMA, from time to time.

General Terms and Conditions

1. The Customer/or his representative should informBarq Financing immediately of any changes to his information by contactingBarq Financing through 8001111810 or [email protected]
2. Any dispute with or complaint against any financial services provided through theBarq Financing must be directly reported by the Customer /or his representative through 8001111810 or [email protected]
3. In the event of any dispute customer transaction records withBarq Financing shall be binding as the conclusive evidence of the transactions carried out through the use of the application.
4. The Customer /or his representative agrees to receive notification that maybe in form of SMS messages fromBarq Financing on the number provided by the customer in the registration request form.
5. These Terms (or any amended copy) are considered an agreement committing the Customer or his representatives to the terms and conditions stipulated herein.
6. All rights and reparations mentioned in this agreement are accumulative and do not exclude any rights or reparations stipulated by the law. 
7. This contract shall be governed by and construed in accordance with the laws and regulations of the Kingdom of Saudi Arabia and all disputes arising out of this document will be referred to the courts of the Kingdom of Saudi Arabia.

Applicable Law 

This contract is subject to and interpreted according to the laws and regulations of the Kingdom of Saudi Arabia ("KSA"), and all conflicts emerging herewith will be referred to the KSA courts in Riyadh city.

Customer Consent

We hereby declare that we have read the above and clearly understand the content. By agreeing to the above we acknowledge and agree that: 

1. We authorizeBarq Financing to access our information via WATHQ platform or any other governmental institution. 
2. We authorizeBarq Financing to access to my financial records with any information or data it requests from us to establish our account with it and / or to review it and / or to manage it and authorize it to obtain the necessary or needed information about us or any other account we have with the Saudi Credit Bureau Company, Bayan Credit Bureau Company, contract registration companies and/or any government entity, and to disclose information about us and our said account or any other account that we have with it to Saudi Credit Bureau Company, Bayan Credit Bureau, contract registration companies and/or any other entity approved by the Saudi Central Bank.
3. We acknowledge that it is our responsibility to review my Account statements and related notices promptly upon receipt of related notification. 
4. We agree to payBarq Financing any applicable fees and charges or taxes pertaining to the financial product and /or services availed.
5. We agree to be responsible for any damages, costs or termination of financial contract incurred due to our failure to acknowledge any related notices. 
6. We agree to notifyBarq Financing in writing, by telephone or through a medium as advised byBarq Financing of any changes to our Account information or other information that we have provided in connection with these Terms.