Terms and Conditions

THE USE OF THIS WEBSITE IS SUBJECT TO THE FOLLOWING TERMS OF USE

By using this website, you agree to abide by the Terms of use on this site. If you disagree with any part of these terms and conditions, please do not use our website.

The term ‘we’ refers to our business, i.e. Pearl Data Direct L.L.C. The content of the pages of this website is for your general information and use only. It is subject to change without notice. Your use of any information or materials on this website is entirely at your own risk, which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.

This website contains material which is owned by us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice. All trademarks reproduced in this website which are not the property of, or licensed to, the operator is acknowledged on the website. Unauthorized use of this website may give rise to a claim for damages and/or be a criminal offense.

This website may contain links to other websites. These are provided solely for your convenience, and we shall not take responsibility for the content on the linked website(s). We hold the right to introduce changes to these Terms of Use from time to time, as and when we deem fit.

TERMS OF SERVICE

These Terms of Use (“Terms”) describe the terms under which Pearl data Direct L.L.C.(“Pearldata”, “We”, “Our” “Us”) provides a user access to and use of Our Services (“You”, “Your”, “Yourself”). By accessing and using Our Services, a) You agree to be bound by these Terms and acknowledge having read the privacy policy (“Privacy Policy”). b) You warrant to Us that You have the legal capacity and are competent to subscribe to Our Services c) That, in the event You are entering into these Terms on behalf of any entity/company or its group, you possess the requisite authority to bind such entities, company or its groups to these Terms. If You do not agree to these Terms, you should immediately cease accessing and using Our Services.

  1. DESCRIPTION OF SERVICES
    1.1. We shall provide You with access to and utilization of (i) Our software (“Platform”), (ii) applications delivered via the app store (“Application”) (collectively referred to as “Service(s)”).

    1.2. Our Services are provided solely for Your business purposes subject to these Terms. You shall connect to the Platform using any internet browser supported by the Platform. You are responsible for obtaining access to the internet and the equipment necessary to access the Platform.
  2. DEFINITIONS

Account: Means the Account created by You on the Pearl Data Services.

Instruction(s): Means the electronic instructions You initiated remotely and electronically transmitted via Your Device to Pearl Data.

Payment Gateway Means a service provided by an e-commerce application/ payment service provider that authorizes credit and/or debit card or direct payments processing for electronic businesses. Pearl Data utilizes the services of, but not limited to, Central Bank Payment Gateway, Etisalat Payment Gateway and Mastercard Payment Gateway.

Remittances: Means fund transfers from Your bank account to any beneficiary account maintained with another Bank.

Security Tools: Means Your User ID, Password, One Time Pin, face id and any other means of security accredited from time to time to allow You to get access to the Services.

Transaction(s): Means any instructions initiated by You, using Your Account on Pearl Data.

Website: Means Pearl data direct’s website, www.pearldatadirect.com

You or Your: Including all grammatical variations means an individual who maintains an Account and is authorized to conduct Transactions via Pearl Data Services.

  1. INTERPRETATION

Words importing only the singular shall include the plural and vice versa.
The words importing any gender shall include all genders, words importing person shall include a sole proprietor, partnership, firm, company, corporation or other legal person.

  1. ACCEPTANCE

By registering on, accessing, browsing, downloading, creating the Account for any general purpose or for the specific purpose of availing any Services, You agree to be bound by these terms and conditions set forth below as well as by the service-specific terms and conditions applicable (hereinafter, the T&Cs). These T&Cs shall also include any additional or modified terms and conditions in relation to any additional or modified service-specific terms and conditions in relation to any Pearl Data Direct Service or any future service that may be offered by Pearl Data Direct. By registering on, accessing, browsing, downloading, creating the Account or using (as applicable) or availing any Pearl Data Services, You automatically and immediately agree to all the T&Cs. If at any time You do not accept or agree with any of the T&Cs or do not wish to be bound by the T&Cs, You may not access, browse or use Pearl Data Services and immediately terminate Your availing the Pearl Data Services by deleting or deactivating the Account. Accepting or agreeing to the T&Cs will constitute a legal contract (hereinafter Agreement) between You, being at least 21 years of age and an individual user of the Services. Consequently, all the rights, benefits, liabilities and obligations under the T&Cs shall, as the case may be, accrue to the benefit of, or incurred by, Pearl Data, regarding Your use of Pearl Data’s digital services (which includes but may not be limited to money remittance services), any services which may be added from time to time. The Pearl Data Services shall be used by You subject to Your adherence with the T&Cs. As long as You accept and comply with these T&Cs, Pearl Data grants You a personal, non-exclusive, non-transferable, limited, revocable privilege to enter and use Pearl Data Services

  1. YOUR RESPONSIBILITIES
    5.1. Your Obligations. If We inform You that a specified activity or purpose is prohibited within the Platform, You have to ensure that You shall immediately cease the use of the Platform for such prohibited activity or purposes and shall comply with Our instructions in this regard.

    5.2. Payment Card Industry Data Security Standard. The Platform is not optimal for storing or processing cardholder information. However, if You process any cardholder information using the Platform, You shall: (a) comply with the criteria defined under Payment Card Industry Data Security Standard (“PCI DSS”); (b) implement and maintain reasonable security measures to protect all cardholder data in their possession or control; and (c) not take any action against Us in connection with using the Platform that places Us in non-compliance with the PCI DSS.
  1. UPDATES AND AVAILABILITY

6.1. Any enhancements, new features, or updates (“Updates”) to the Platform are also subject to these Terms, and We reserve the right to deploy Updates at any time.

6.2. The Platform may temporarily be unavailable due to scheduled downtime for upgrades and maintenance in which case We shall use commercially reasonable endeavors to notify You in advance. In the event of any unavailability of the Platform, the applicable service credits and the support provided by Us shall be in accordance with the service level and support model set forth in the Website

  1. SERVICE STANDARDS:

We agree to employ reasonable care and best efforts to meet the Company's deadlines, specifications and standards, as applicable.

The Company shall be entitled to conduct review and assessment of the services provided by the PDD at such periodicity as deemed fit by the Company to monitor and assess the quality of services provided by PDD and to take such action as the Company deems appropriate.

  1. LIABILITY

⦁ The availability and proper functioning of Pearl Data Services are dependent on many variable circumstances, including location, mobile network availability, Payment Gateway and signal strength, proper functioning of hardware, software and the Device, and Pearl Data shall not be liable for any loss or damage that may result directly or indirectly from any unavailability or improper functioning of the Pearl Data Service for any reason.
Pearl Data assume no liability whatsoever for any monetary or other damage suffered by the user on account of:
⦁ The delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Payment Gateway or services in connection thereto; and/ or
⦁ Any interruption or errors in the operation of the Payment Gateway.
⦁ You agree to indemnify and compensate Pearl Data for any damages, losses, expenses or liabilities Pearl Data incurred as a result of Your breach of these T&C’s, in particular the above instance
⦁ You understand that in the event of loss of Your Device and/or SIM Card or when others get possession of it, it can be misused. Accordingly, You agree to indemnify Pearl Data for any such misuse arising out of the same. You shall not hold Pearl Data responsible for any losses he may incur arising from it.
⦁ You accept that there are risks when using internet as a reliable means of communication and should You decide to communicate and use any of Pearl Data Services, You should do that entirely at Your own risk and without any liability from Pearl Data.
⦁ The accuracy and correctness of all information and details transmitted through Pearl Data’s services are the responsibility of You and You accept that all Transactions and Instructions requested will be processed without the need of any further reference, written notice or verification from Pearl Data’s side.
⦁ Once You submit and confirm an Instruction or a Transaction, Peal Data shall be under no obligation to accept any amendment or cancellation afterwards.
⦁ You can add a beneficiary for Transactions or payment through the Pearl Data’s services and You accept that Pearl Data will not be liable for any delay or non-payment if it was caused by an error on the details of the beneficiary or failure to identify the beneficiary or delay or failure to act by the receiving party.
⦁ Pearl Data does not represent or warrant that the Pearl Data will be (a) available to meet the requirements; (b) uninterrupted and no delays; (c) free from failures, errors or omissions or loss of transmitted information; or (d) free from viruses or other contaminating or destructive properties that can damage Your phone operating system.
⦁ You accept that Pearl Data will not be liable to You or any other person for any negligence, breach, misrepresentation, claim, delay, expenses, damages or any other liability including legal costs, any loss however caused and irrespective of whether any claim is based on law of torts, the loss of profit, business revenue, investment, goodwill, interruption of business or anticipated savings or loss of data which arises from:
⦁ Pearl Data acting or failing to act upon any of Your Instructions;
⦁ Any error contained in the information You have provided through Pearl Data Services;
⦁ Access or use of Pearl Data Services in the manner or purpose not authorized by Pearl Data or from Your part;
⦁ Malfunction or breakdown of access to Pearl Data Services; and
⦁ Any events outside Pearl Data’s control.
⦁ You agree to treat access rights; documentation and any information related to Your Services strictly private and Confidential and You shall not copy or reproduce them in any form either in whole or in part.
⦁ Alerts. If You subscribe, We will provide You with alerts or confirmation to Your nominated contact number or e-mail address every time Transaction is performed using our services.
⦁ Fees and Charges. You accept that we may impose charges on our services and if applicable, we will deduct the charges from Your Account or may charge additionally. If You use a Credit Card to make money transfer Transaction, You accept that it will be subject to cash advance fees except if it pertains to payments to utility companies.
⦁ In no event, Pearl Data or its contractors, agents, licensors, partners or suppliers will be liable to You for any special, indirect, incidental, consequential, punitive, reliance, or exemplary damages (including without limitation lost business opportunities, lost revenues, or loss of anticipated profits or any other pecuniary or non-pecuniary loss or damage of any nature whatsoever) arising out of or relating to: (i) this Agreement or the T&Cs; (ii) the Services, or any reference site/app/platform/service; or (iv) Your use or inability to use the Services (including any and all materials) or any reference sites/app/platform/service, even if Pearl Data or a Pearl Data authorized representative has been advised of the possibility of such damages You acknowledge and agree that Pearl Data has offered its products and services, set its prices, and entered into this Agreement in reliance upon the warranty disclaimers and the limitations of liability set forth herein, that the warranty disclaimers and the limitations of liability set forth herein reflect a reasonable and fair allocation of risk between You and Pearl Data, and that the warranty disclaimers and the limitations of liability set forth herein form an essential basis of the bargain between You and Pearl Data. Pearl Data would not be able to provide the services to You on an economically reasonable basis without these limitations. Applicable law may not completely allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitations or exclusions will apply to You subject to applicable law. In such cases, Pearl Data’s liability will be limited to the fullest extent permitted by applicable law. This paragraph shall survive the termination of this Agreement.

  1. INDEMNITY

You agree to indemnify, save, and hold Pearl Data, its affiliates, contractors, sub-contractors, employees, officers, principals, directors, agents, licensors, and partners harmless from any and all claims, losses, damages, and liabilities, costs and expenses, including without limitation legal fees and expenses, arising out of or related to: (i) Your use or misuse of the Services; (ii) any violation by You of this Agreement; or (iii) any breach of the representations, warranties, and covenants made by You herein. Pearl Data reserves the right, at Your expense, to assume the exclusive defense and control of any matter for which You are required to indemnify Pearl Data, including rights to settle, and You agree to cooperate with Pearl Data’s defense and settlement of these claims. Pearl Data will use reasonable efforts to notify You of any claim, action, or proceeding brought by a third party that is subject to the foregoing indemnification upon becoming aware of it. This paragraph shall survive termination of this Agreement.

  1. DEBIT/ CREDIT CARD, BANK ACCOUNT DETAILS

The debit/credit card details provided by You for use of our Service(s) must be correct and accurate and that You shall not use a debit/ credit card, that is not lawfully owned or the use of which is not authorized by the lawful owner thereof. You further agree and undertake to provide correct and valid debit/credit card details.

You warrant, agree and confirm that when You initiate a payment Transaction and/or issue an online payment Instruction and provide your card /bank details:

⦁ The user is fully and lawfully entitled to use such credit/debit card, bank account for such Transactions;
⦁ The user is responsible to ensure that the card/ bank account details provided by him/ her are accurate;
⦁ The user is authorizing debit of the nominated card/ bank account for the payment of fees selected by such user along with the applicable Fees.
⦁ The user is responsible to ensure sufficient credit is available on the nominated card/ bank account at the time of making the payment to permit the payment of the dues payable or the bill(s) selected by the User inclusive of the applicable Fee.

All credit/debit cards details, and personally identifiable information will NOT be stored, sold, shared, rented, or leased to any third parties.

  1. METHOD OF PAYMENT, CARD TYPES ACCEPTED AND CURRENCY

We accept payments online using Visa and Mastercard debit/credit cards in UAE Dirhams or any other agreed currency.

  1. PAYMENT GATEWAY DISCLAIMER

The service is provided in order to facilitate access to view and pay Fees online. PEARL DATA or the Payment Gateway do not make any representation of any kind, express or implied, as to the operation of the Payment Gateway. By accepting/ agreeing to these T&C’s, the user expressly agrees that his/ her use of the aforesaid online payment service is entirely at own risk and responsibility of the User.

  1. CANCELLATION POLICY

Once the user has registered and paid the fee through online Payment Gateway, He/She will not be able to cancel the Transaction in any circumstances, however, payment refund to the user can be considered only under the following refund policy,

Refund Policy for Payment Gateway Payments

Refund for Chargeback Transaction:

In the event there is any claim for/of charge back by the user for any reason whatsoever, such user shall immediately approach Pearl Data Direct with his/ her claim details and claim refund from Pearl Data Direct alone. Such refund (if any) shall be affected by pearl Data Direct via Payment Gateway and such refund shall be made only through the Original mode of payment. No claims for refund/ chargeback shall be made by any User to the payment service provider(s) and in the event such claim is made it shall not be entertained.

Refund for fraudulent/duplicate transaction(s):

The user shall directly contact Pearl Data Direct for any fraudulent Transactions on account of misuse of Card/ Bank details by a fraudulent individual/party and such issues shall be suitably addressed by Pearl Data Direct alone in line with their policies and rules.

  1. WARRANTIES

Although we strive to provide accurate content on the website, we make no representation, endorsement, or warranty that such content is accurate or suitable for any particular purpose. The website and its content are provided on an "as is" basis. Use of the website and its content is at the user's sole risk. The website and content are provided without any representations, endorsements, or warranties of any kind whatsoever, either expressed or implied, including but not limited to, any warranties of title or accuracy and any implied warranties of merchantability, fitness for a particular purpose, or non-infringement, except for warranties (if any) that cannot be expressly excluded under applicable law. Additionally, we make no representations, endorsements, or warranties, either express or implied, with respect to any website operated by a third party.

  1. INTELLECTUAL PROPERTY

15.1 Each Party shall own its respective Intellectual Property (“Pre-Existing IP”). Nothing contained under this Agreement shall be construed as a grant of any right, title or Interest over the Pre- Existing IP of the Parties to the other Party.

15.2 PDD agrees to grant to the Company for the duration of this Agreement, a non-exclusive, irrevocable, royalty free, limited license to use the PDD API solely for the services defined.

15.3 PDD represents and warrants that the Company’s use of the PDD API and other information and property developed by PDD or any of its subcontractors hereunder or licensed to the Company as provided above will not violate any rights, including, without limitation, any intellectual property rights, of any third parties.

15.4 Neither Party shall use the patents, copyrights, trademarks, proprietary and/or licensed software, and trade secrets of the other Party in any manner whatsoever without the prior written consent of the other Party.

15.5 Nothing herein shall constitute an agreement to transfer or license or to grant any copyrights, trademark rights and/or any other Intellectual Property Rights of either Party to the other Party.

15.6 Service providers shall ensure proper change management process covering Impact assessment, requirement and solution documents detailing changes made to the software for any work order, in addition to enabling the programmers identify and track the changes made to the source code.

  1. DATA SECURITY

We take your privacy and data security very seriously. We protect and secure your financial and personal data using proven technologies. Certified and accredited by third party privacy organizations.

We are committed to protecting your Personal Data in accordance with the UAE Federal Decree-Law No. (45) of 2021 on the Protection of Personal Data. We have implemented robust technical and organizational measures to safeguard this data against accidental or unlawful destruction, loss, alteration, unauthorized disclosure, or access. Our security measures are designed to provide a level of protection that is appropriate to the risks associated with processing and the nature of the data.

Additionally, we ensure that any third party authorized to access Personal Data, including data processors, maintains the confidentiality and security of the data. Any individual or entity acting on our behalf, including data processors, is obligated to process Personal Data only in accordance with our instructions.

24/7 Built-in Transaction Monitoring Protection: We continually monitor our platform to protect our customers from fraudulent activity and unusual transactions. For the safety and security of your Account, we may occasionally place a temporary hold or block a transfer until we can validate the activity. This is not done to intentionally slow down a transfer but to ensure the swift and accurate transfer of funds from your account to your intended recipient. When these transaction holds do occur, we will always attempt to contact you via email and phone for an additional security clearance and verification, particularly when your transaction is large or out of pattern.
World-Class Compliance: We use a sophisticated, multi-point technique to ensure all transactions are subject to the appropriate levels of “Know Your Customer” and other regulatory checks.
You expressly and impliedly provide Your free and unconditional consent for the following: (a) for transferring Pearl Data’S rights and obligations under this Agreement and the T&Cs in favour of any affiliate or third party; (b) for using the Services by You subject to any specific terms and conditions imposed by any affiliate of Pearl Data; (c) for receiving communications, notices and information from any Pearl Data or any affiliate of Pearl Data; (d) for sharing of business information (including data analytics and any information relating to You or the services being availed by You) between Pearl Data and any affiliate, insofar as such sharing of business information is necessary or required for the following limited purposes: (i) provision of better services to Pearl Data’s customers (including You); (ii) provision of better services by Pearl Data’s vendors; (iii) to prevent any breach of a binding agreement between Pearl Data and any affiliate, or to give effect to any such agreement; (iv) for ensuring compliance with the applicable law or legally compelled disclosures by Pearl Data or by any affiliate of Pearl Data; or (v) for preventing fraud and money laundering and for enhancement of risk mitigation systems and processes in relation to the activities of Pearl Data or any affiliate; or (vi) Pearl Data retaining any and all information relating to You till such time as may be required under applicable laws or internal policies. Pearl Data’s privacy policy applies to use of the services, and its terms are made a part of these T&Cs by this reference. Additionally, by using the services, You acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information You send to us may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.

  1. GENERAL
  1. Governing Law and Compliance.

You agree that these Terms of Use and any legal action or proceeding relating to this website shall be governed by the laws of the United Arab Emirates (UAE) without reference to its choice of law rules.

You are responsible for complying with the laws of the jurisdiction from which you are accessing this website and agree that you will not access or use the information on this website in violation of such laws. Any information disclosed to us outside a pre-existing and documented confidential business relationship will be considered non-confidential and non-proprietary. We may therefore develop, use, and freely disclose or publish similar ideas without compensating you or accounting to you. You represent that you have the lawful right to submit such information and agree that you will not submit any information unless you are legally entitled to do so.

By applying for and using our Services, You acknowledge and accept these T&C’s and any supplementary terms and conditions that may from time to time be in force.
The Website Policies and Terms & Conditions may be changed or updated occasionally to meet the requirements and standards. Therefore, the Customers are encouraged to frequently visit these sections in order to be updated about the changes on the website. Modifications will be effective on the day they are posted.