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These Authorised User Terms (these “Terms”) are a binding agreement between Qashio for Computer Systems CEST LLC (“Qashio”) and you that govern your access to and use of the Website and App (as defined below) and any Services (as defined below).
Qashio provides no Services to you. Rather, Qashio provides Services to the person or persons authorised under the Qashio Platform Agreement to receive the Services (the “Accountholder”). You will have access to the Services only to the extent authorised, and for the sole benefit of, the Accountholder. You understand that Accountholder is responsible for your compliance with the Qashio Platform Agreement and that both you and Accountholder are responsible for your compliance with these Terms. You acknowledge that Accountholder is a beneficiary of these Terms.
As used in these Terms, “we”, “us” or “our” refers to Qashio. Unless otherwise indicated, “you” and “your” refers to the person or persons authorised by the Accountholder to receive and use a Qashio Payment Card (as defined in the Qashio Platform Agreement) or otherwise utilise the Services (for the avoidance of doubt, including both ordinary Users and Administrators).
These Terms require you to arbitrate any disputes arising under these Terms in an individual arbitration and not a class action or class arbitration. See the Binding Arbitration provision in Section 8 below for details. If you do not wish to be subject to arbitration, you may opt out of the arbitration provision by following the instructions set forth in Section 8 within the time frame specified in that Section.
2. Access to Website, App and Services.
You may access the Services and Data to the extent that (and only for so long as) you are authorised to do so by the Accountholder and us. We or the Accountholder may limit or terminate your access to any of the foregoing at any time, without notice. You acknowledge that your password and other access credentials are intended to permit you to access only such Services and Data for which you have such authorisation. You agree not to circumvent or attempt to circumvent the security of the Services for any purpose, including to gain access to any Services or Data for which you are not authorised.
3.1. The Qashio Payment Card is a corporate card issued to the Accountholder under the Qashio Agreement. The Qashio Payment Card is issued by Mashreqbank PSC a banking institution regulated by the Central Bank of the United Arab Emirates (“Issuer”). These Payment Card Terms apply to your use of the Qashio Payment Card. As used in these Payment Card Terms, “we”, “us” or “our” refers to Qashio and Issuer. Unless otherwise indicated, “you” and “your” refers to the person or persons authorised by the Accountholder to receive and use a Qashio Payment Card or otherwise utilise the Services (for the avoidance of doubt, regardless of whether such person is an ordinary User or an Administrator).
3.2 Your Card is issued and provided by Issuer and is linked to an individual Card Account. Your individual Card Account is linked to your Accountholder’s Qashio Account. Your Transactions are linked to that Qashio Account. You are not directly liable to us for your Transactions or other activity on your individual Card Account. Your Card must be activated prior to use. The Administrator will provide activation instructions to you. If you did not receive activation instructions for your Card, contact your Administrator. Your Administrator may apply a Card Limit to your Card Account. Transactions will reduce the Available Balance, and any Transactions in excess of the Available Balance will be declined.
3.3. Account Opening: IMPORTANT INFORMATION ABOUT PROCEDURES FOR OPENING A NEW ACCOUNT: To comply with UAE Laws, we may be required to verify, and record information that identifies you when a Card Account is opened for you. What this means for you: In connection with opening your individual Card Account, we will ask you for your name, address, date of birth, and other information that will allow us to verify your identity. We may also ask to see other identifying documents from you.
3.4. Using Your Qashio Payment Card: You may only use your Card for bona fide business purchases on behalf of the Accountholder and for valid and lawful purposes. You may not use your Card for personal, family or household purposes. Your Card remains the property of the Issuer and must be returned upon request. We may cancel, revoke, repossess or restrict the use of your Card at any time. We may decline to authorise or reverse Transactions or suspend your Card for any reason including violation of these Payment Card Terms or suspected fraud. We also may decline to authorise Transactions at merchants characterised by the Card Network or us as prohibited merchants. We are not responsible for losses resulting from declined or reversed Transactions. Merchants typically accept all Card Network-branded Cards; however, we are not responsible and will have no liability if a merchant refuses to honour a Card or accept a Transaction.
3.5. Card Account Holds: When you use your Card to initiate a Transaction at hotels, restaurants, gas stations, rental car companies, and certain other merchants where the amount of the final Transaction is unknown at the time of authorisation, a hold may be placed on your Card Account for an amount equal to or in excess of the final Transaction amount. Your Administrator also may place a hold on available funds in your Card Account for certain other Transactions. When a hold is placed on your Card Account, the amount of the hold will reduce the then-applicable Card Limits until the hold is released.
3.6. Card Security: You are responsible for securing your Cards, account numbers and Card security features (including the CVV and PIN).
You acknowledge that you are solely responsible for maintaining the security of your password and other access credentials. You will maintain the foregoing in strict confidence.
5. Data Privacy.
6. Compliance with Law.
You must use the Services in a lawful manner, and must obey all laws, rules and regulations that apply to your use of the Services.
You agree to indemnify Qashio (including Qashio’s affiliates and Qashio’s and each such affiliate’s employees and contractors) and hold them harmless from and against any losses, liabilities, damages, claims, costs or expenses (including reasonable attorneys’ fees) arising out of or relating to claims, proceedings, suits, or actions brought by or initiated against Qashio or any of the other indemnitees specified above by any third party due to your violation of law, fraud, gross negligence or willful misconduct. Qashio may defend any claim subject to indemnification hereunder, using counsel of its choice, and you will pay or promptly reimburse Qashio for the reasonable fees of such counsel and all related costs and reasonable expenses.
8. Dispute Resolution by Binding Arbitration
8.1. Binding Arbitration: Any dispute, controversy or claim arising out of or relating to this contract, including the formation, interpretation, breach or termination thereof, including whether the claims asserted are arbitrable, will be referred to and finally determined by arbitration in accordance with the Dubai International Arbitration Centre (DIAC) rules. The tribunal will consist of a sole arbitrator. The place of the arbitration will be Dubai, United Arab Emirates. The language to be used in the arbitral proceedings will be English. Judgement upon the award rendered by the arbitrator may be entered by the courts of the United Arab Emirates.
This Agreement and the rights of the parties hereunder shall be governed and construed in accordance with Federal Law No. 6/2018 on Arbitration of The United Arab Emirates, exclusive of conflict or choice of law rules.
Either party may commence arbitration by providing to the Dubai International Arbitration Centre (DIAC) and the other party to the dispute a written demand for arbitration, setting forth the subject of the dispute and the relief requested.
8.2. Service of Process: Each party hereby irrevocably and unconditionally consents to service of process through personal service at their corporate headquarters, registered address, or primary address (for individuals or sole proprietors). Nothing in this Agreement will affect the right of any party to serve process in any other manner permitted by Law.
8.3. Class Waiver: To the fullest extent permitted by Law, each of the parties agrees that any dispute arising out of or in connection with this Agreement, whether in arbitration or in court, will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim or dispute proceeds in court rather than through arbitration, each party knowingly and irrevocably waives any right to trial by jury in any action, proceeding or counterclaim arising out of or relating to this Agreement or any of the transactions contemplated between the parties.
8.4. Provision of an Award: Subject to the limitations of liability identified in this Agreement, the appointed arbitrators may award monetary damages and any other remedies allowed by Law. In making a determination, the arbitrator will not have the authority to modify any term or provision of this Agreement. The arbitrator will deliver a reasoned written decision with respect to the dispute (the “Award”) to each party, who will promptly act in accordance with the Award. Any Award (including interim or final remedies) may be confirmed in or enforced by any court having jurisdiction over either party or its assets. The decision of the arbitrator will be final and binding on the parties, and will not be subject to appeal or review.
8.5. Fees: Each party will advance one-half of the fees and expenses of the arbitrator, the costs of the attendance of the court reporter at the arbitration hearing, and the costs of the arbitration facility. In any arbitration arising out of or related to this Agreement, the arbitrator will award to the prevailing party, if any, the costs and attorneys’ fees reasonably incurred by the prevailing party in connection with those aspects of its claims or defences on which it prevails, and any opposing awards of costs and attorneys’ fees awards will be offset.
8.6. Confidentiality: The parties will maintain the confidential nature of the arbitration proceeding, the hearing and the Award, except (i) as may be necessary to prepare for or conduct the arbitration hearing on the merits, (ii) in connection with a court application as contemplated above for a preliminary remedy, or confirmation of an Award or its enforcement, (iii) our disclosure of the Award in confidential settlement negotiations, or (iv) as otherwise required by applicable Laws. The parties, witnesses, and arbitrator will treat as confidential and will not disclose to any third person (other than witnesses or experts) any documentary or other evidence produced in any arbitration hereunder, except as required by Law or except if such evidence was obtained from the public domain or was otherwise obtained independently from the arbitration.
8.7. Conflict of Rules: In the case of a conflict between the provisions of this Section 3.8.7 and the rules governing arbitration identified in Section 3.8.1., the provisions of this Section 3.8.7 will prevail. If any provision of this Agreement to arbitrate is held invalid or unenforceable, it will be so held to the minimum extent required by Law and all the other provisions will remain valid and enforceable.
9. Governing Law
These Authorised User Terms will be construed and enforced in accordance with the laws of the United Arab Emirates, applicable to contracts entered into and performed in the United Arab Emirates by citizens or residents thereof.
Except as provided in Section 8 with respect to the provisions of these Terms that prohibit Collective Arbitration, the invalidity or unenforceability of any of the provisions of these Terms, or the invalidity or unenforceability of the application thereof to any individual, entity or circumstance, shall not affect the application of such provisions to individuals, entities or circumstances other than those as to which they are held invalid or unenforceable, and shall not affect the validity or enforceability of any other provisions of these Terms.
11. Entire Agreement.
These Terms (including any additional terms incorporated herein) constitutes the entire understanding between Company and Qashio regarding the subject matter of these Terms, and no other agreements, representations, or warranties other than those provided in these Terms will be binding unless in writing and signed by you, Accountholder and Qashio
12. Changes to These Terms.
Qashio may modify these Terms upon thirty (30) days prior notice to the Accountholder in accordance with the terms of the Qashio Platform Agreement; provided that such modification may take effect sooner than thirty (30) days after notice (or upon notice) in exigent circumstances, including where required to comply with applicable law, regulation or Card Network rules or to avoid or mitigate any material risk, loss or damage. If you do not accept any such modification, you must stop using the Services (including any Card). If you continue to use the Services or Cards after any such modification takes effect as provided in the applicable notice, you will be deemed to have consented to the modifications of these Terms. As between you and Qashio, you are solely responsible for ensuring that Accountholder promptly notifies you of any notice provided to Accountholder under these Terms, and you agree that you will be conclusively presumed to have received any notice contemplated under this Section 11 that is sent to Accountholder in accordance with the terms of the Qashio Platform Agreement
13. Prohibited Persons.
You represent and agree you are not currently and will not become subject to any law, regulation, or list of any government agency that prohibits or limits us from providing Cards to you or from otherwise conducting business with you.
Qashio may assign, pledge, delegate or otherwise transfer these Terms or its rights, powers, remedies, obligations and duties of performance under these Terms at any time. Any such assignee will have all rights as if originally named in these Terms instead of Qashio. You may not assign these Terms or any rights hereunder, or delegate any of your obligations or duties of performance.
15. Disclaimer of Warranties.
THE SERVICES ARE PROVIDED TO YOU AS IS AND AS AVAILABLE. QASHIO DISCLAIMS ALL EXPRESS, IMPLIED, OR STATUTORY WARRANTIES, AND YOU ACKNOWLEDGE THAT NO QASHIO PERSONNEL ARE AUTHORISED TO PROVIDE ANY SUCH WARRANTY.
16. Third Party Sites or Services.
Qashio may provide links to or information regarding websites, products or services of unaffiliated third parties via the Website or otherwise. You acknowledge that Qashio has no control over any such websites, products or services and does not endorse or provide any warranties relating to them. You link to, use or otherwise interact with any such websites, products or services at your sole risk.
17. Limitation of Liability.
QASHIO IS NOT LIABLE TO YOU FOR CONSEQUENTIAL, INDIRECT, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING FROM OR RELATED TO THESE TERMS OR TO THE SERVICES OR CARDS, INCLUDING YOUR USE OF OR INABILITY TO USE SERVICES OR CARDS, WHETHER OR NOT QASHIO WAS ADVISED OF THEIR POSSIBILITY BY YOU OR THIRD PARTIES. YOU ACKNOWLEDGE THAT QASHIO PROVIDES SERVICES (INCLUDING CARDS) SOLELY TO (AND SOLELY FOR THE BENEFIT OF) THE ACCOUNTHOLDER, AND THAT QASHIO SHALL HAVE NO LIABILITY TO YOU WHATSOEVER IN CONNECTION WITH ANY BREACH, FAILURE OR OTHER PROBLEM OR ISSUE WITH RESPECT TO THE SERVICES, INCLUDING ANY CARD.
You hereby grant Qashio a royalty-free, fully-paid, irrevocable, perpetual, nonexclusive, worldwide, assignable and otherwise transferable licence, with the unrestricted and unlimited right to grant sublicenses, (1) to create derivative works based upon any feedback, suggestions, ideas, or requests you submit or otherwise communicate to us by any means (collectively, “Feedback”) and (2) to use, copy, display, publish, distribute or otherwise commercialise or exploit in any manner any Feedback or derivative works based thereon. You acknowledge and agree that any Feedback you submit is not confidential. Qashio has no obligation to compensate or credit you for Feedback you provide us, regardless of whether or how Qashio may use or otherwise commercialise or exploit it.
19. Customer Service.
If you have questions about the operation of the Services or the use of your Card, contact your Administrator using the contact information provided by your Accountholder.