Terms & Conditions

1Introduction and Acceptance

This user agreement (the “Terms”) is a contract between you and Noqoody Payment Services W.L.L. (“Noqoody”, “we”, “us”), a limited liability company incorporated under the laws of the State of Qatar under Commercial Registration No. 133834, licensed and supervised by the Qatar Central Bank (“QCB”) as a Payment Service Provider, with its registered office at Al Reem Tower, West Bay, Zone 63, Street 841, Building 37, Floor 7, Unit 31, P.O. Box 15205, Doha, Qatar.

These Terms govern your access to and use of your Noqoody Account and the Noqoody Services.

1. If you are an individual, you must be resident in Qatar and at least 18 years of age to open a Noqoody Account and use the Noqoody Services.
2. If you are a business, the business must be established, licensed or resident in Qatar and hold a valid commercial registration and trade licence covering the activity for which payments are being accepted.
3. By opening, accessing or using a Noqoody Account, you confirm that you have read, understood and agree to be bound by these Terms; that you are the beneficial owner of the Noqoody Account; and that you conduct business only on your own behalf and not on behalf of any undisclosed third party.
4. These Terms apply together with the Noqoody Merchant Agreement, the Merchant Service Form, any product schedule or fee schedule signed or accepted by you, and the policies referred to in these Terms, all of which form part of your agreement with Noqoody. Where a signed Merchant Agreement conflicts with these Terms, the signed Merchant Agreement prevails.

2Changes to These Terms

1. We may amend these Terms and any of the policies referred to in them from time to time, including to reflect changes in law, QCB regulation, Card Association Rules, our products, or our fees.
2. The revised version takes effect at the time we post it on the Noqoody Site, unless otherwise stated in the notice.
3. Where a change reduces your rights or increases your obligations, we will publish a notice on the legal pages of our website and give you at least 30 calendar days’ prior notice by email to your registered address or by notification in your Noqoody Account.
4. If you do not agree to a revised version, you must stop using the Noqoody Services, close your Noqoody Account and terminate your relationship with us before the change takes effect, without cost or penalty. Continued use of the Noqoody Services after the effective date constitutes acceptance.
5. These Terms as they stood at the relevant time will continue to apply to your previous use of the Noqoody Services and to the settlement of transactions processed before termination.

3About Our Business and Our Services

Noqoody is a payment service provider licensed by the Qatar Central Bank, authorised to operate both online payment gateway services and POS payment acquiring. Our services allow merchants to collect payments from their customers and allow customers to pay merchants using the payment methods we support.

Not all Noqoody Services may be available to you. Noqoody may, at its discretion and subject to applicable law, withdraw, restrict or suspend any service, payment method or feature, with notice where reasonably practicable and without notice where required by law, by the QCB, by an Acquiring Bank or by a Card Association, or where necessary to prevent loss, fraud or regulatory breach.

Noqoody currently offers the following services in Qatar:

1. Noqoody acts as an intermediary for the receipt of funds from Customers on behalf of Merchants. Except where Noqoody expressly operates a Wallet for you under an applicable QCB authorisation, Noqoody does not act as a depository, custodian or bank in respect of such funds and does not pay interest on them.
2. For gateway and POS services, Noqoody’s responsibility is limited to receiving the sales proceeds through the Acquiring Bank and depositing the Settlement Amount into the Merchant Bank Account in accordance with these Terms.
3. Noqoody is not a party to the underlying contract of sale between you and your Customer, does not warrant the Products you sell, and has no responsibility for their quality, delivery, legality or fitness for purpose.

In these Terms, “Noqoody Service” means the payment gateway, POS acquiring, payment link, wallet, recurring billing and related processing services offered by Noqoody to users in Qatar to facilitate the receipt of payments from Customers and their credit to a Merchant Bank Account or Wallet.

4Definitions

For the purpose of these Terms:

Acquiring Bank

Any bank, financial institution, Card Association, scheme operator or payment system provider through which Noqoody routes, authorises, clears or settles Transactions.

Acquiring Bank Services

The payment systems and services provided by the Acquiring Banks, including (i) routing of internet-based Valid Card transactions; (ii) provision of payment facilities over the internet and at POS; (iii) Authentication and Authorization from Card Associations, domestic switches or other clearing houses; and (iv) clearing and settlement in respect of payment instructions initiated by Customers.

Authentication

The process by which a Customer’s identity or entitlement to use a payment instrument is verified, including 3-D Secure, one-time passwords, biometric verification and PIN verification.

Authorization

The process by which the Issuing Institution and/or the relevant Card Association or scheme conveys approval of the Customer Charge for a Transaction being undertaken by a Customer on a Merchant Site or at a POS Terminal.

Business Day

Any day on which banks are open for general business in the State of Qatar, other than Fridays, Saturdays and public holidays declared in Qatar or notified by us or an Acquiring Bank.

Card Association

Visa, Mastercard, Visa Electron, Maestro, Diners Club, American Express, UnionPay, the Qatari domestic debit scheme, and any other card scheme or network specified by Noqoody from time to time.

Card Association Rules

The written rules, regulations, bulletins, releases, guidelines, processes, interpretations and other requirements (contractual or otherwise) imposed or adopted by any Card Association, including their operating regulations and security programmes.

Chargeback

The reversal of the value of a Customer Charge in respect of any Transaction, including on account of (i) alleged forgery or unauthorised use of the card number, account or other details; (ii) any charge or debit made on a card that is hot-listed or listed on a Card Association warning bulletin; (iii) duplicate processing of a Transaction; (iv) non-delivery, non-performance or dispute over the Products; or (v) any other reason permitted under Card Association Rules, QCB regulation or the rules of the relevant Acquiring Bank or Issuing Institution. A Chargeback includes any debit to Noqoody’s account to recover the value of a Customer Charge where you have insufficient funds in the Collection Account or fail to pay.

Collection Account

The segregated, non-operational account maintained by Noqoody with a bank licensed in Qatar for the purpose of pooling funds collected from Customers on behalf of Merchants and facilitating their transfer in final settlement, held and safeguarded in accordance with QCB requirements. Funds in the Collection Account are held for the benefit of Merchants and Customers and do not form part of Noqoody’s own assets.

Completion of Transaction

Successful Authorization and capture of a Transaction by Noqoody or, where Noqoody so requires, the point at which Proof of Delivery has been provided.

Confidential Information

Any written, oral, tangible or intangible information, discoveries, ideas, concepts, know-how (whether patentable or copyrightable or not), research, development, designs, drawings, diagrams, models, samples, data, computer programs, algorithms, software, marketing plans or techniques, and technical, financial, commercial or business information and trade secrets, disclosed by one party (the “Disclosing Party”) to the other (the “Receiving Party”) in connection with these Terms, which is not generally available to the public. Information disclosed orally or by electronic or other intangible means is Confidential Information where it is identified as confidential at the time of disclosure or reduced to writing within thirty (30) days of disclosure.

Customer

An individual or legal entity who purchases Products offered by you on a Merchant Site, at a POS Terminal, via a payment link or through an IVR system, and who is directed to a Payment Mechanism using a Valid Card, wallet, bank transfer or other payment method made available by Noqoody.

Customer Bank Account

A bank account, or a credit, debit, prepaid or cash card account, of the Customer held with an Issuing Institution.

Customer Wallet

A digital or prepaid payment instrument held by the Customer with an Issuing Institution or with Noqoody.

Customer Charge

The sale price of the Products purchased by the Customer, plus delivery charges (if any) and all applicable taxes, duties, costs, charges and expenses payable by the Customer in respect of the Products or the payment.

Delivery

(i) In respect of goods, delivery by you or your appointed courier to the Customer, by the Delivery Due Date, at the address specified by the Customer; or (ii) in respect of services, performance of the service by the Delivery Due Date.

Delivery Due Date

The date or period displayed on the Merchant Site or otherwise notified to the Customer, on or before which you must deliver the Products.

Instalment Plan

Any equated monthly instalment, buy-now-pay-later or deferred payment scheme of an Issuing Institution or partner that Noqoody makes available to you, subject to that provider’s own terms.

Issuing Institution

A bank, financial institution or other legal entity with which the Customer holds a Customer Bank Account or Customer Wallet, or which has issued a Valid Card to the Customer.

Merchant Bank Account

The bank account in the Merchant’s own name, maintained with a bank licensed in Qatar and nominated by the Merchant, into which the Settlement Amount is paid.

Merchant Site

Your website, Mobile Application, payment link, QR code, social storefront or IVR system as detailed in the Merchant Service Form, including any such channel hosted by Noqoody on your behalf.

Mobile Application

A software application running on smartphones, tablets or other mobile devices, owned, controlled and operated by you, enabling Customers to view Products and carry out Transactions.

Mobile SDK

The proprietary mobile software development kit, custom mobile software application and packaged Application Programming Interfaces (APIs) developed by Noqoody.

Noqoody Account

The merchant or user account maintained with Noqoody through which the Noqoody Services are provided to you.

Noqoody Site

The websites, portals, dashboards and applications operated by Noqoody Payment Services W.L.L. (including noqoody.com) through which Noqoody provides the Noqoody Services to Merchants and Customers.

One Click Checkout

The facility allowing a Customer to store Valid Card credentials securely with Noqoody, in tokenised form, in order to purchase Products from a Merchant Site with a single action.

Outstanding Amount

Any amount payable by you to Noqoody, an Acquiring Bank and/or a Customer in respect of losses, costs, damages, fines, penalties, Chargebacks, refunds, overdraft or credit problems suffered or incurred by the Customer, Noqoody and/or an Acquiring Bank; any fees or other sums owed by you to Noqoody; and any claims or proceedings brought against Noqoody and/or an Acquiring Bank by a Customer or any third party in connection with your activity.

Payment Mechanism

Any mechanism by which payment is made through the facilities of Acquiring Banks, Card Associations, domestic switches, wallets, bank transfer rails or such other modes of payment and delivery as Noqoody may notify from time to time.

POS Terminal

Any physical or software point-of-sale device supplied, leased, certified or enabled by Noqoody for the acceptance of card-present Transactions.

Products

The goods and/or services offered for sale by you through a Merchant Site or at a POS Terminal.

Proof of Delivery

Sufficient legitimate records evidencing Delivery of the Product to the Customer, such as a courier delivery confirmation, signed receipt, service acceptance or electronic delivery confirmation from the Customer.

Reserve

Interest-free, refundable funds held, withheld or replenished by you to Noqoody from time to time as security against Chargebacks, refunds and Outstanding Amounts, whether taken as an upfront deposit or as a rolling percentage of settlement.

Settlement Amount

The Customer Charge less the MDR and any other fees, charges, Reserve, refunds, Chargebacks and Outstanding Amounts payable by you to Noqoody under these Terms.

MDR

The merchant discount rate, being the percentage and/or fixed fee per Transaction payable by you to Noqoody as set out in the Merchant Service Form or fee schedule.

Transaction

Every payment request or order placed by a Customer on a Merchant Site, at a POS Terminal or through any other Payment Mechanism, for the purchase of Products from you.

Upgraded Mobile Application

Your Mobile Application once integrated with the Mobile SDK.

Valid Card

Any unexpired credit, debit, prepaid, cash or virtual card issued by an Issuing Institution authorised to issue on a Card Association network, or any other card or credential specified by Noqoody from time to time, provided the card is not listed in a current warning, restricted or hot-list bulletin and is presented by, or on behalf of, the person in whose name it was issued.

5Eligibility, Onboarding and Your Account

1. Know Your Customer. Before activating your Noqoody Account, and periodically thereafter, we will carry out customer due diligence in accordance with QCB regulations, Law No. 20 of 2019 on Combating Money Laundering and Terrorism Financing and its implementing regulations. You must provide, and keep current, all documents and information we request, including commercial registration, trade licence, establishment card, identification of authorised signatories, and identification and verification of beneficial owners holding 20% or more of the entity.
2. Accuracy. You warrant that all information supplied to Noqoody is true, complete and not misleading, and you must notify us in writing within five (5) Business Days of any change to your ownership, control, authorised signatories, legal status, business activity, website, bank account or contact details.
3. Beneficial ownership. You must be the beneficial owner of the Noqoody Account and must not use it to process payments for, or on behalf of, any other person, business or website not disclosed to and approved by Noqoody. Payment facilitation, factoring or aggregation of third-party sales through your Noqoody Account is strictly prohibited.
4. Credentials. You are responsible for maintaining the confidentiality of your Noqoody Account credentials, API keys, secrets, terminal PINs and merchant portal access, and for all activity conducted through them. Notify us immediately at the contact details in section 27 if you suspect any unauthorised access or compromise.
5. Refusal. Noqoody may decline any application, or close any Noqoody Account, at its discretion where onboarding requirements are not met, where risk, sanctions or compliance concerns arise, or where an Acquiring Bank or Card Association objects.

6Your Obligations as a Merchant

1. You will use the Noqoody Services only for lawful Transactions relating to Products you are licensed and entitled to sell, and only for the business activity and website(s) disclosed in the Merchant Service Form.
2. You will display clearly on the Merchant Site, before checkout and in English and (where applicable) Arabic: your legal name and commercial registration details, contact details, a description of the Products, the full price in Qatari Riyals inclusive of all taxes and charges, your delivery policy and Delivery Due Date, your refund, return and cancellation policy, your privacy policy, and these payment terms.
3. You will deliver the Products by the Delivery Due Date, retain Proof of Delivery for at least the period required to defend a Chargeback, and provide it to Noqoody within three (3) Business Days of request.
4. You will not impose a surcharge, fee or minimum or maximum Transaction value on a Customer for paying by card, except where expressly permitted by applicable law and the Card Association Rules.
5. You will not submit a Transaction until you have delivered, or are ready to deliver, the Products, unless a deposit or pre-order arrangement has been disclosed to the Customer and approved by Noqoody.
6. You will not split a single purchase into multiple Transactions, submit a Transaction that was previously charged back, process a Transaction on your own card or on cards under your control, or use the Noqoody Services to obtain or provide cash advances.
7. You will comply at all times with these Terms, the Card Association Rules, the requirements of the Acquiring Banks, PCI DSS, and all applicable laws of the State of Qatar including consumer protection, e-commerce, data protection, anti-money laundering, counter-terrorist financing and sanctions laws.
8. You will maintain complete and accurate records of all Transactions for at least ten (10) years and will permit Noqoody, an Acquiring Bank, a Card Association or the QCB (or their appointed auditors) to inspect them on reasonable notice.
9. You will handle Customer complaints promptly, in the first instance directly with the Customer, and will maintain a working customer support channel published on the Merchant Site.
10. You will not use the Noqoody name, logo or marks except in the form and manner approved by Noqoody, and will display the accepted payment method marks correctly at checkout and at POS.

7Transactions, Authorization and Authentication

1. Every Transaction is subject to Authorization by the Issuing Institution and to the applicable Card Association Rules and scheme risk controls. Noqoody does not guarantee that any Transaction will be authorised, and an Authorization is not a guarantee of payment, of the Customer’s identity, or that the Transaction will not later be charged back.
2. Where 3-D Secure or equivalent Authentication is available and applied, liability for fraudulent card-not-present Transactions may shift to the Issuing Institution in accordance with the Card Association Rules. Where you disable, bypass or fail to implement required Authentication, you bear that liability in full.
3. Noqoody may apply velocity limits, transaction limits, risk scoring, screening and fraud controls, and may decline, delay, hold, screen, cancel or reverse any Transaction that it reasonably suspects is fraudulent, unauthorised, in breach of these Terms, or in breach of sanctions, AML/CFT or other applicable law. Noqoody will not be liable for any loss arising from such action taken in good faith.
4. Transactions are processed in Qatari Riyals (QAR) unless multi-currency acceptance has been expressly enabled for you. Where a Transaction is presented in another currency, conversion is performed by the Card Association or Issuing Institution at their rates and margins, over which Noqoody has no control.
5. You are responsible for the accuracy of Transaction data submitted through the Merchant Site, API, Mobile SDK or POS Terminal. Noqoody is entitled to rely on instructions received through your credentials as validly given by you.

8Settlement and Safeguarding of Funds

1. Funds collected from Customers are pooled in the Collection Account, which is segregated from Noqoody’s own funds and safeguarded in accordance with QCB requirements. Funds held in the Collection Account are held for the benefit of Merchants and Customers, do not form part of Noqoody’s assets, and do not bear interest in your favour.
2. Noqoody will remit the Settlement Amount to the Merchant Bank Account in accordance with the settlement cycle stated in your Merchant Service Form. Unless otherwise agreed in writing, the standard cycle is T+2 Business Days from Completion of Transaction for gateway Transactions and T+2 Business Days for POS Transactions, subject to receipt of cleared funds from the Acquiring Bank.
3. Settlement is made only to a Merchant Bank Account held with a bank licensed in Qatar and held in the Merchant’s own legal name. Noqoody will not settle to a third-party account. You are responsible for the accuracy of the account details you provide; Noqoody is not liable for funds misdirected as a result of incorrect details supplied by you.
4. Noqoody may withhold, delay or set off settlement, in whole or in part, where: an investigation is ongoing; a Chargeback, refund, fine or Outstanding Amount is pending or anticipated; there is reasonable suspicion of fraud, breach of these Terms or breach of law; a Reserve requirement applies; or Noqoody is directed to do so by an Acquiring Bank, a Card Association, the QCB, a court or a competent authority.
5. Noqoody may set off any Outstanding Amount against any funds due or held for you, and may recover any shortfall by direct debit of the Merchant Bank Account (where mandated), by drawing on the Reserve, or as a debt due on demand.
6. You must reconcile your settlement reports and notify Noqoody in writing of any discrepancy within thirty (30) calendar days of the settlement date. After that period, settlement records are deemed accepted, save in the case of manifest error or fraud.
7. Where funds cannot be settled to you because your Noqoody Account is closed, dormant or your bank details are invalid, Noqoody will hold the funds and use reasonable efforts to contact you. Unclaimed balances are dealt with in accordance with applicable Qatari law and QCB instructions.

9Fees and Charges

1. You will pay Noqoody the MDR, set-up fees, terminal rental fees, gateway or platform fees, refund fees, Chargeback handling fees, settlement or transfer fees and any other charges set out in the Merchant Service Form or published fee schedule.
2. Fees are ordinarily deducted from the Customer Charge before remittance of the Settlement Amount. Where fees cannot be deducted, they are invoiced and payable within fifteen (15) calendar days of invoice date.
3. All fees are exclusive of any tax, levy or governmental charge applicable in Qatar, which you will bear in addition where imposed by law.
4. Noqoody may vary its fees on 30 calendar days’ prior written notice. Increases imposed on Noqoody by a Card Association, Acquiring Bank, scheme or regulator (including interchange and scheme fees) may be passed through with shorter notice, and in such case you may terminate without penalty within 30 days of the notice.
5. Overdue amounts may attract a late payment charge at the rate stated in the Merchant Service Form, subject to the maximum permitted under Qatari law.

10Refunds and Cancellations

1. You must maintain and publish a clear refund, return and cancellation policy consistent with Qatari consumer protection law and the Card Association Rules.
2. Refunds must be processed through the Noqoody Services, to the original payment method and card used for the Transaction. You must not refund a card Transaction in cash, by cheque, by bank transfer or to a different card, except where the original method is no longer available and Noqoody has approved the alternative in writing.
3. A refund must not exceed the value of the original Transaction. Partial refunds are permitted where supported.
4. You must fund refunds. Where there are insufficient funds in your available balance or Reserve, the refund amount becomes an Outstanding Amount payable to Noqoody on demand.
5. MDR and Transaction fees already charged on a refunded Transaction are non-refundable unless expressly stated otherwise in your fee schedule.
6. Failure to process a legitimate refund promptly is a material breach of these Terms and may result in suspension of settlement and of your Noqoody Account.

11Chargebacks and Disputes

1. You bear full financial liability for all Chargebacks arising on your Transactions, together with any associated fees, fines, assessments or penalties levied by an Acquiring Bank or Card Association.
2. Noqoody will notify you of a Chargeback and, where the Card Association Rules permit representment, will forward the compelling evidence you provide. You must respond with complete documentation, including Proof of Delivery, within the deadline notified to you, which will not normally be less than five (5) Business Days.
3. Noqoody may debit the Chargeback amount and fees immediately from your available balance, from the Reserve, from future settlements, or from the Merchant Bank Account, and may do so before the outcome of any representment is known.
4. Excessive Chargeback ratios or fraud ratios, as measured under the relevant Card Association monitoring programme, may result in higher fees, an increased Reserve, mandatory remediation, suspension or termination, and may result in your listing on industry termination databases (such as Mastercard MATCH or Visa VMSS) where required by the Card Association Rules.
5. The final decision on a Chargeback rests with the Issuing Institution and the Card Association. Noqoody has no authority to overturn it and accepts no liability for the outcome.

12Reserve and Security

1. Noqoody may, at any time and on notice, require a Reserve as security against Chargebacks, refunds, fines and Outstanding Amounts, whether as an upfront deposit, a rolling percentage of settlement, or a fixed amount.
2. The amount, form and duration of the Reserve are determined by Noqoody by reference to your industry, Transaction volumes and values, delivery lead times, Chargeback and fraud history, financial standing, and the requirements of the Acquiring Banks and Card Associations.
3. The Reserve is interest-free. Noqoody may apply the Reserve against any Outstanding Amount without prior notice, and you must replenish it on demand.
4. Any remaining Reserve is released to you after termination, once all Chargeback and refund exposure has expired — ordinarily one hundred and eighty (180) calendar days after the last processed Transaction, or such longer period as the Card Association Rules require.
5. Noqoody may also require a bank guarantee, personal or corporate guarantee, or other security in place of, or in addition to, a Reserve.

13POS Terminals

1. POS Terminals supplied on rental or loan remain the property of Noqoody or its supplier. You must keep them in good condition, use them only at the approved location(s), and not move, modify, open, tamper with, re-badge or connect them to unapproved systems.
2. You must return POS Terminals in working order within ten (10) Business Days of termination or on demand. Loss, theft, tampering or damage beyond fair wear and tear is chargeable to you at replacement value.
3. You must inspect POS Terminals regularly for tampering or skimming devices, restrict access to authorised staff, protect PIN entry, and report any suspected compromise to Noqoody immediately.
4. For card-present Transactions you must follow the acceptance procedures notified by Noqoody, including checking that the card is a Valid Card, obtaining Authorization, and retaining the transaction receipt for the record-keeping period in section 6.
5. Rental, maintenance, connectivity, consumables and relocation charges apply as set out in your fee schedule.

14Payment Links, Invoices and Recurring Billing

1. Payment links, QR codes and electronic invoices may only be issued in respect of genuine Products supplied by you, must clearly identify you as the payee, and must state the amount, currency and what is being paid for.
2. For recurring, subscription or instalment collections you must obtain and retain the Customer’s express prior consent (mandate) recording the amount or method of calculation, the frequency, the start date and the duration, and must give the Customer a simple means of cancelling at any time.
3. You must notify the Customer in advance of any change to a recurring amount or schedule, in accordance with the Card Association Rules, and must stop collections immediately on cancellation.
4. Stored credentials used for One Click Checkout or card-on-file are tokenised. You must not store full card numbers, CVV/CVC values or magnetic-stripe or chip data in your own systems.
5. Free trials converting to paid subscriptions must disclose the conversion, the price and the cancellation route clearly before the Customer consents.

15Noqoody Wallet

1. Where a Noqoody Wallet is made available to you or to a beneficiary, it is a digital record of funds held in the Collection Account. It is not a bank account, it is not a deposit, and it does not earn interest.
2. Wallet loading, holding and disbursement limits apply in accordance with QCB requirements and our risk policies, and may be changed on notice.
3. Wallet functionality, including tip collection and disbursement to beneficiaries, requires successful identity verification of the wallet holder. We may suspend a Wallet where verification is incomplete or where the account is subject to investigation.
4. Wallet balances may be withdrawn to a bank account held in the wallet holder’s own name in Qatar. Withdrawal fees, if any, are as published.
5. Dormant Wallets and unclaimed Wallet balances are handled in accordance with applicable Qatari law and QCB instructions.

16Activities Requiring Pre-Approval

Noqoody requires written pre-approval before you may accept payments in connection with any of the following. Approval may be granted, refused, or granted subject to conditions, enhanced due diligence, a higher Reserve or different pricing.

• Airlines, and scheduled or non-scheduled charter, private jet or air taxi operators; travel agencies, tour operators and ticketing consolidators.
• Collection of donations, zakat or contributions by a charity, endowment or non-profit organisation.
• Dealing in jewellery, precious metals, gemstones or bullion.
• Acting as a money transmitter or exchange house, or selling stored-value or prepaid cards.
• Selling stocks, bonds, securities, options, futures, foreign exchange, virtual or crypto assets, or an investment interest in any entity or property.
• Providing escrow, trust or third-party fund-holding services.
• Real estate transactions, rental collections and property management collections.
• Insurance, takaful, credit brokerage and financing arrangements.
• Education, healthcare and government-related collections where a licence or authority approval is required.
• Providing file sharing, hosting or newsgroup access services.
• Selling tobacco, non-cigarette tobacco products, e-cigarettes or vaping products, or prescription drugs, medical devices or telemedicine services.
• Marketplaces, platforms or any model in which you collect funds on behalf of third-party sellers or service providers.

17Prohibited Activities and Banned Items

You must not use the Noqoody Services for, and must not permit any Transaction relating to, any of the following. This list is not exhaustive and may be updated by Noqoody at any time.

17.1 General prohibitions

1. The sale of products or services identified by government agencies, Card Associations or Acquiring Banks as having a high likelihood of being fraudulent.
2. The sale of any product or service prohibited for sale in the State of Qatar under any law in force.
3. Any activity that violates any law, statute, ordinance, regulation or QCB instruction applicable in Qatar, or the Card Association Rules.
4. Content — including text descriptions, graphics, images, catalogue entries and packaging — that is obscene, libellous, defamatory or scandalous, that is capable of offending the religious sentiments of any segment of the population, that offends public order or morals in Qatar, or that infringes the intellectual property rights of any person or entity.
5. Businesses, beneficial owners or principals listed on Mastercard MATCH, Visa VMSS or any equivalent industry termination database, or prohibited by a Card Association or by the Acquiring Bank.

17.2 Prohibited goods and services

• Narcotics, steroids, controlled substances, or other products presenting a risk to consumer safety.
• Drug paraphernalia.
• Cigarettes and unlicensed tobacco products.
• Items that encourage, promote, facilitate or instruct others to engage in illegal activity.
• Stolen goods, including digital and virtual goods.
• The promotion of hate, violence, racial or other forms of discriminatory intolerance, or the financial exploitation of a crime.
• Items that are considered obscene, and adult, sexually oriented or pornographic products and services in any medium.
• Items that infringe or violate any copyright, trademark, right of publicity or privacy, or any other proprietary right under the laws of any jurisdiction.
• Ammunition, firearms, firearm parts or accessories, and weapons or knives regulated under applicable law.
• Alcoholic beverages, other than by a merchant expressly licensed in Qatar and approved in writing by Noqoody.
• Human remains, body parts, protected wildlife, ivory and endangered species products.
• Counterfeit, replica or unauthorised branded goods.

17.3 Prohibited transaction types

• Disclosure or sale of the personal information of third parties in violation of applicable law.
• Pyramid or Ponzi schemes, matrix programmes, other “get rich quick” schemes, and multi-level marketing programmes.
• Purchases of annuities or lottery contracts, lay-away systems, offshore banking, or transactions to finance or refinance debts funded by a credit card.
• Sale of items before the seller has control or possession of the item.
• Collection of payments on behalf of merchants by a payment processor, aggregator or facilitator not licensed and approved to do so.
• Sale of traveller’s cheques or money orders.
• Currency exchange or cheque cashing businesses without the required licence and Noqoody’s written approval.
• Credit repair, debt settlement, credit transactions or insurance activities without the required licence and Noqoody’s written approval.
• Offering or receiving payments for the purposes of bribery or corruption.
• Cash advances, cash-out or the funding of a payment instrument by another payment instrument.
• Transactions involving any person, entity, vessel or country subject to sanctions imposed by the State of Qatar, the United Nations Security Council, or any other sanctions regime applicable to Noqoody or its banking partners.

17.4 Gambling and gaming

Activities involving gambling or gaming, or any other activity with an entry fee and a prize — including casino games, sports betting, horse or greyhound racing, fantasy sports, lottery tickets, other ventures that facilitate gambling, games of skill (whether or not legally defined as gambling) and sweepstakes — are prohibited. Gambling is unlawful in the State of Qatar and Noqoody does not process such Transactions in any jurisdiction.

18Compliance, AML/CFT and Sanctions

1. Noqoody operates an anti-money laundering and counter-terrorist financing programme in line with Law No. 20 of 2019, its implementing regulations and QCB instructions, including customer due diligence, ongoing monitoring, sanctions screening, record-keeping and suspicious transaction reporting.
2. You must not knowingly or recklessly permit the Noqoody Services to be used for money laundering, terrorist financing, sanctions evasion, tax evasion, bribery or any other financial crime, and you must maintain your own controls appropriate to your business.
3. Noqoody monitors Transactions, including for structuring or fragmentation of amounts, and may request information about the source of funds, the source of wealth, the nature of a Transaction or the identity of a counterparty. You must respond promptly and fully.
4. Noqoody may block, freeze, reject or report any Transaction or Noqoody Account where required by law, by the QCB, by the Financial Information Unit, by a court, by a competent authority or by a banking partner. Where the law prohibits disclosure, Noqoody may be unable to tell you the reason for such action, and no liability attaches to Noqoody for doing so.
5. Noqoody, an Acquiring Bank, a Card Association or the QCB may require an audit, security assessment, forensic investigation or site visit. You will cooperate fully and, where the review was triggered by your breach, bear the reasonable cost.

19Data Protection, Security and PCI DSS

1. Each party will comply with Law No. 13 of 2016 concerning Personal Data Privacy Protection, QCB data and cloud requirements, and all other applicable data protection requirements in Qatar.
2. You are responsible for the lawful collection of Customer personal data on your Merchant Site, for providing a compliant privacy notice, and for obtaining any consent required for the processing you carry out.
3. You must comply with the Payment Card Industry Data Security Standard (PCI DSS) at the level applicable to your Transaction volume, and provide evidence of validation on request. You must not store full primary account numbers, CVV/CVC values, PINs or full magnetic-stripe or chip data.
4. You must maintain appropriate technical and organisational security measures, including access control, encryption in transit and at rest, patching, logging and secure development practices for any integration with the Noqoody APIs or Mobile SDK.
5. You must notify Noqoody within 24 hours of becoming aware of any actual or suspected security incident, data breach or compromise of card data, cooperate fully in the investigation, and comply with the notification requirements of the Card Association Rules and Qatari law. You are liable for the fines, assessments, forensic costs and card reissuance costs arising from a compromise within your environment.
6. Noqoody processes personal data in accordance with its Privacy Policy. Noqoody may share your data with Acquiring Banks, Card Associations, the QCB, regulators, auditors, law enforcement and service providers where necessary to provide the Noqoody Services or to comply with law.

20Confidentiality and Intellectual Property

1. The Receiving Party will keep the Disclosing Party’s Confidential Information secret, use it only for the purposes of these Terms, disclose it only to those of its personnel and advisers who need to know it and who are bound by equivalent obligations, and protect it with no less than reasonable care.
2. These obligations do not apply to information that is or becomes public other than through breach, was lawfully known to the Receiving Party before disclosure, is lawfully received from a third party without restriction, or is independently developed. Disclosure required by law, by a court or by the QCB is permitted, with prior notice to the Disclosing Party where lawful.
3. Confidentiality obligations survive termination for five (5) years, and indefinitely in respect of trade secrets, cardholder data and personal data.
4. All intellectual property in the Noqoody Site, the Noqoody Services, the Mobile SDK, APIs, documentation, dashboards, trade marks and brand assets remains the exclusive property of Noqoody or its licensors. You receive a limited, non-exclusive, non-transferable, revocable licence to use them solely to receive the Noqoody Services during the term.
5. You must not copy, modify, reverse-engineer, decompile, resell, sublicense or create derivative works from any part of the Noqoody Services, nor remove or obscure any proprietary notice.
6. You grant Noqoody a non-exclusive licence to use your name and logo to identify you as a merchant, in the Noqoody merchant directory and in customer communications, unless you notify us in writing that you do not consent.

21Suspension, Freezing and Termination

1. Noqoody may suspend, restrict or freeze your Noqoody Account, settlement or any Noqoody Service, immediately and without prior notice, where: there is a reasonable suspicion of fraud, unauthorised access or financial crime; there is a breach of these Terms, of law, of QCB requirements or of the Card Association Rules; an Acquiring Bank, Card Association, regulator or court requires it; your Chargeback or fraud ratios exceed permitted thresholds; a payment you made from a bank account has failed or been reversed; or continued processing would expose Noqoody, a Customer or a partner to material risk or loss.
2. Where an account is frozen because a payment made from a bank account has failed, the fastest route to reinstatement is to repay the amount by card. Repayment by bank transfer is also accepted but may take several Business Days to clear. Once Noqoody receives the funds, the account is reinstated. Noqoody does not have visibility of the specific reason a bank payment failed — your bank can tell you.
3. Either party may terminate these Terms for convenience on thirty (30) calendar days’ written notice. Noqoody may terminate immediately for material breach, insolvency, loss of licence, dissolution, sanctions listing, or where required by the QCB, an Acquiring Bank or a Card Association.
4. On termination: your access to the Noqoody Services ceases; you must stop displaying Noqoody marks and payment marks; you must return POS Terminals and any Noqoody equipment; and you must settle all Outstanding Amounts immediately.
5. Termination does not affect accrued rights. Noqoody will continue to settle validly processed Transactions, subject to withholding for Chargeback and refund exposure and to the Reserve release period in section 12.
6. Sections concerning fees, settlement, refunds, Chargebacks, Reserve, confidentiality, data protection, intellectual property, indemnity, liability, governing law and any provision which by its nature should survive, survive termination.

22Representations, Warranties and Service Levels

1. Each party represents that it is duly incorporated or authorised, holds all licences necessary for its business, and has full power and authority to enter into and perform these Terms.
2. You represent that the Products you sell are lawful, that you hold every licence and approval required to sell them in Qatar, that your Merchant Site accurately describes them, and that you will honour the terms you publish to Customers.
3. Noqoody will provide the Noqoody Services with reasonable skill and care and in accordance with QCB requirements and applicable law.
4. The Noqoody Services depend on systems operated by third parties, including Acquiring Banks, Card Associations, telecommunications providers, internet service providers and hosting providers. Noqoody does not warrant that the Noqoody Services will be uninterrupted, error-free or free from delay, and may carry out scheduled maintenance, giving reasonable notice where practicable.
5. Except as expressly stated in these Terms, and to the fullest extent permitted by law, all other warranties, conditions and terms, whether express or implied, are excluded.

23Indemnity and Limitation of Liability

1. Indemnity. You will indemnify, defend and hold harmless Noqoody, its affiliates, officers, employees, Acquiring Banks and Card Associations against all claims, demands, proceedings, losses, damages, fines, penalties, assessments, Chargebacks, refunds and reasonable costs (including legal fees) arising out of or in connection with: your breach of these Terms or of applicable law; your Products, Merchant Site or business; any Transaction you submit; any dispute between you and a Customer; any compromise of data within your environment; and any claim that your content infringes a third party’s rights.
2. Excluded loss. Neither party is liable for indirect, incidental, special, punitive or consequential loss, or for loss of profit, revenue, business, goodwill, anticipated savings or data, however arising.
3. Cap. Subject to paragraph 4 below, Noqoody’s aggregate liability to you in any twelve (12) month period, whether in contract, tort (including negligence), statute or otherwise, is limited to the total MDR and fees actually paid by you to Noqoody in the three (3) months immediately preceding the event giving rise to the claim.
4. No cap. Nothing in these Terms limits either party’s liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, for a party’s indemnity obligations, or for any liability that cannot be limited under Qatari law.
5. Noqoody is not liable for loss arising from: a Transaction declined, delayed, blocked or reversed by an Issuing Institution, Acquiring Bank, Card Association or competent authority; your failure to deliver Products; the acts or omissions of your Customers; or action taken by Noqoody in good faith under sections 7, 8, 18 or 21.

24Force Majeure

Neither party is liable for any failure or delay in performance caused by an event beyond its reasonable control, including act of God, natural disaster, epidemic or pandemic, war, terrorism, civil unrest, blockade, embargo, sanctions, act of government or regulator, strike, fire, flood, failure of power or telecommunications, failure of banking or card scheme infrastructure, or cyber-attack. The affected party will notify the other promptly and use reasonable efforts to resume performance. If the event continues for more than sixty (60) consecutive days, either party may terminate on written notice, without prejudice to accrued rights.

25Complaints, Notices and Dispute Resolution

1. Complaints. Submit complaints to complaints@noqoody.com or through the Noqoody Site. We will acknowledge receipt promptly and aim to provide a substantive response within the period required by QCB consumer protection instructions. If you are not satisfied with our final response, you may escalate the matter to the Qatar Central Bank.
2. Customer disputes. Disputes over Products are between you and your Customer. You must resolve them directly and in good faith. Noqoody may, but is not obliged to, provide Transaction information to assist.
3. Notices. Notices to you are validly given by email to your registered address, by notification in the Noqoody Account or merchant dashboard, or by posting on the Noqoody Site. Notices to Noqoody must be sent in writing to the registered office address in section 1, copied to legal@noqoody.com. Notices are deemed received on the Business Day of transmission if sent before 16:00 Doha time, and otherwise on the next Business Day.
4. Escalation. The parties will first attempt in good faith to resolve any dispute arising out of these Terms by negotiation between senior representatives within thirty (30) days of written notice of the dispute.
5. Governing law and jurisdiction. These Terms are governed by the laws of the State of Qatar. Any dispute not resolved under paragraph 4 is subject to the exclusive jurisdiction of the competent courts of the State of Qatar in Doha, without prejudice to Noqoody’s right to seek injunctive or interim relief in any competent forum.
6. Language. These Terms may be issued in English and Arabic. In the event of any conflict or inconsistency between the two versions, the Arabic version prevails for the purposes of Qatari law.

26General

1. Entire agreement. These Terms, together with the Merchant Agreement, Merchant Service Form, fee schedule and referenced policies, form the entire agreement between the parties and supersede all prior understandings on the same subject matter.
2. Assignment. You may not assign or transfer your rights or obligations without Noqoody’s prior written consent. Noqoody may assign or transfer to an affiliate or to a successor in business, or as required by the QCB, on notice to you.
3. Subcontracting. Noqoody may appoint subcontractors and third-party service providers, subject to QCB outsourcing requirements, and remains responsible for their performance of the Noqoody Services.
4. Severability. If any provision is held invalid or unenforceable, it will be modified to the minimum extent necessary or severed, and the remaining provisions continue in full force.
5. No waiver. A failure or delay in exercising a right is not a waiver of it, and a single or partial exercise does not prevent further exercise.
6. No partnership. Nothing in these Terms creates a partnership, joint venture, agency or employment relationship between the parties.
7. Third parties. Except for Acquiring Banks and Card Associations in respect of the rights expressly stated to be for their benefit, no third party has any right to enforce these Terms.
8. Records. Noqoody’s books, records and electronic logs are conclusive evidence of the Transactions processed, save in the case of manifest error.

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