Terms and Conditions

These terms and conditions (“Terms”) are prepared to provide clear guidelines and legally binding terms regarding the services provided to the customer by Company Al-AN AL-KHALIJIYYA For Consumer Microfinance, registered under commercial registration number 1010865347, and unified national number 7032513272, licensed and officially authorized by the Saudi Arabian Monetary Authority, under the trademark (“FLOOSS”), hereinafter referred to as (“We”, “The Company”, “Company Al-AN AL-KHALIJIYYA For Consumer Microfinance”, or “FLOOSS”).
These Terms govern the use of the FLOOSS application for micro-consumer financing services via financial technology, the relationship between the customer and the company, as well as any other services available through the FLOOSS application from time to time. These Terms are available in both Arabic and English.

Acceptance of Terms and Registration
These Terms are presented to the customer for review and acceptance before granting approval to complete the registration process and join (hereinafter referred to as “Registration”). Registration is a prerequisite for using the FLOOSS application and the financing services it provides.
Registration requires the company to implement “Know Your Customer” (“KYC”) procedures to verify the customer’s identity and status as an authorized user of the services, which is done only upon the customer’s acceptance of these Terms.

Legal Responsibilities
Please read these Terms carefully before completing the registration, as they affect your rights and obligations under the regulations of the Kingdom of Saudi Arabia. If you do not agree to these Terms, please refrain from using the FLOOSS application.

Consent to Abide by the Terms
By subscribing to the services of the FLOOSS application, you confirm that you have read, understood, and agree to fully abide by these Terms.

Definitions

1. “FLOOSS Application”:
   It is an electronic platform provided by Company Al-AN AL-KHALIJIYYA For Consumer Microfinance via financial technology. It allows registered customers to access consumer financing services and manage repayment operations using various money transfer channels within the Kingdom of Saudi Arabia, according to the license issued by Company Al-AN AL-KHALIJIYYA For Consumer Microfinance, as authorized by SAMA.
2. “Customer”:
   Refers to any person over the age of 21 and under 64, who has registered for the services of the FLOOSS application and accepted its Terms and Conditions as outlined in this agreement.
3. “Financing”:
   Refers to the small financing service provided to FLOOSS customers on an individual basis. FLOOSS retains exclusive authority to determine customer eligibility for receiving small financing, based on eligibility criteria and procedures set by FLOOSS.
4. “PIN”:
   Refers to the personal identification number consisting of 6 digits chosen by the customer to secure their profile.
5. “OTP”:
   Refers to the 6-digit one-time passcode generated and provided to the customer during the registration process in the FLOOSS application via Absher. This passcode is used to verify the customer’s details and mobile phone number.
6. “Profile”:
   Refers to the electronic file created by the customer within the FLOOSS application after registering and accepting the Terms and Conditions, for the purpose of utilizing the services.
7. “SAMA”:
   Refers to the Saudi Arabian Monetary Authority.
8. “KYC”:
   Refers to “Know Your Customer,” which is the process of verifying and validating the customer’s personal identification details, as per the requirements of SAMA and other relevant government authorities.
9. “Company Al-AN AL-KHALIJIYYA For Consumer Microfinance Bank Account”:
   Refers to the bank account opened with the partner bank of this application.
10. “Credentials”:
    Refers to the username and PIN used by the customer to access the FLOOSS application.
11. “Fees and Charges”:
    Refers to the service fees and charges imposed by FLOOSS on various services provided within the FLOOSS application.
12. “Sama”:
    Refers to the Saudi Credit Information Company.
13. “Blacklist”:
    Refers to the collection of individuals included in a list by Sama due to loan defaults or by FLOOSS based on internal policies and sanction lists.
14. “Money Laundering”:
    Refers to all activities prohibited under the anti-money laundering laws and regulations known in the Kingdom of Saudi Arabia.
15. “Customer Service”:
    Refers to the supporting service available to customers during business hours, allowing customers to report any technical issues encountered while using the FLOOSS application or service through various channels, including email (username@domain.com) and phone (+966000000). This service enables Company Al-AN AL-KHALIJIYYA For Consumer Microfinance to respond promptly and resolve issues, as well as handle other customer inquiries.
16. “FLOOSS Trademark”:
    Refers to the trademark owned by Company Al-AN AL-KHALIJIYYA For Consumer Microfinance.
17. “SAR”:
    Refers to the Saudi Riyal.

Registration Requirements for the FLOOSS Application

1. Registration Process:
   Registration for (FLOOSS) services is conducted exclusively through the (FLOOSS) application. Customers are required to complete the “Know Your Customer” (KYC) process and undergo identity verification in compliance with regulations issued by SAMA. The company retains full authority to take necessary actions to ensure adherence to applicable KYC requirements.
2. Accuracy of Information:
   The customer acknowledges that all information provided is accurate, complete, and correct. The company reserves the right to reject the registration request if any discrepancies or inaccuracies are found in the information or documents provided by the customer.
3. One-Time Password (OTP):
   As part of the registration process, an OTP will be sent to the customer’s phone number registered with Absher. The customer must enter this code into the (FLOOSS) application to verify their details and mobile number.
4. Acceptance of Terms and Conditions:
   To activate their profile, the customer must accept the terms and conditions and create a personal identification number (PIN Code) for logging into the application. The customer is permitted to change the PIN Code at any time.
5. Customer Responsibility:
   The customer is solely responsible for the accuracy of the information provided during the registration process on the (FLOOSS) application. (FLOOSS) holds no liability for any consequences resulting from errors or inaccurate or misleading information provided by the customer.
6. Reporting Errors:
   If the customer identifies any errors or inaccuracies in their data, they are responsible for notifying (FLOOSS) as soon as possible via the customer service phone number (………..) or by sending an email to (……………….).
7. Termination of Profile:
   If (FLOOSS) discovers false, inaccurate, or misleading information provided by the customer, it reserves the right to terminate the customer’s profile at any time, with or without prior notice. Termination may be immediate or as specified in a notice issued by (FLOOSS). Once the profile is terminated, the customer’s access to the (FLOOSS) application will be deactivated.

Terms of Service for the FLOOSS Application

1. Money Storage:
   In compliance with the current regulations set by the Saudi Central Bank (SAMA), it is not permitted to store any funds within the (FLOOSS) application on behalf of customers at any time.
2. Reporting the Loss of Registered Number:
   In the event of losing or malfunctioning the registered number, the customer must immediately notify (FLOOSS) through the customer service helpline (…………) or via email (…………………). This notification is necessary to halt the service and prevent unauthorized use of (FLOOSS) services, including activities such as:
   • Fraud.
   • Money laundering.
   • Terrorism financing.
   • Blacklisting.
3. Authorization to Access Financial Data:
   By applying for services through the (FLOOSS) application, customers consent to (FLOOSS) requesting their financial data from any financial agency, institution, or consumer reporting agency. This is done to access financial records and assess the customer’s eligibility.
4. Authorization to Access Personal Information (KYC):
   Customers consent to (FLOOSS) accessing personal information from platforms such as Nafath, Yaqeen, or any other relevant institution. This is for the purpose of verifying the customer’s identity and evaluating their legal capacity to fulfill the obligations outlined in the terms and conditions.
5. Prohibition on Disclosing Personal Information:
   (FLOOSS) is not permitted to disclose any personal information or details of the customer’s activities unless requested by a governmental entity specializing in combating fraud, money laundering, or terrorism financing, or upon obtaining the customer’s consent.
6. Necessary Disclosures:
   Personal data may be disclosed if required to:
   • Protect public health and ensure public safety.
   • Safeguard the well-being and lives of specific individuals.
   • Engage in data processing in a manner that prevents the identification of the data owner or any other specific individual.
7. Customer Compliance with Instructions:
   The customer must comply with all instructions issued by (FLOOSS) concerning the use of the application.

Suspension and Termination of Profile and Services

(FLOOSS) reserves the right to suspend or terminate its services, either partially or entirely. This includes blocking, restricting, or terminating a customer’s profile or suspending the use of the PIN code at its discretion in the following cases:

1. Illegal Use:
   If (FLOOSS) suspects that the customer’s mobile phone or PIN code is being used in a manner that violates disclosures or for unlawful purposes.
2. Legal Investigations:
   If a legal, regulatory, or governmental authority initiates investigations or regulatory actions that may affect (FLOOSS)’s reputation.
3. Non-Compliance with Terms:
   If the customer fails to comply with the terms, conditions, and instructions related to the use of (FLOOSS) services.
4. Reporting Loss or Theft:
   If the customer reports the loss or theft of the registered number in the (FLOOSS) application or unauthorized disclosure of their PIN code.
5. Customer Request for Closure:
   If the customer requests to close their profile after settling all their financial obligations with (FLOOSS).
6. Technical Reasons:
   In case of technical failures, upgrades, changes, or emergency maintenance that affect the application or its services.
7. Violation of Rules:
   If there is suspicion of the customer violating rules, regulations, or directives issued by the Saudi Central Bank (SAMA), or any of the terms and conditions stated.
8. Discretionary Decision by (FLOOSS):
   (FLOOSS) retains the right to suspend or terminate any customer account at its absolute discretion.

Liability in Case of Suspension or Termination

(FLOOSS) is not liable for any direct or indirect losses, damages, or defects resulting from the customer’s actions or lack of awareness regarding the status of their profile. However, if an operational defect occurs for which (FLOOSS) is responsible, the company will make every effort to minimize the impact of the damage on the application or its services.

Service Charges

1. Payment:
   The customer is required to pay the fees specified by (FLOOSS) using the designated methods and procedures for each transaction.
2. Notifications:
   Upon the completion of each transaction within the (FLOOSS) application, the customer will receive a notification and/or SMS containing a detailed description of the financial transaction in their profile.

Security and Unauthorized Usage

1. PIN Code Assignment:
   A unique Personal Identification Number (PIN Code) is assigned to each profile, enabling the customer to access their profile through the (FLOOSS) application.
2. Responsibility for Maintaining Confidentiality and Security:
   1. The customer is fully responsible for maintaining the confidentiality and security of their PIN Code and other login credentials.
   2. The customer bears full responsibility for any consequences arising from the disclosure of their PIN Code or unauthorized use of the (FLOOSS) application and service, including cases where a third party is authorized by the customer, whether intentionally or unintentionally.
3. Reporting PIN Loss or Compromise:
   1. If the PIN Code and/or mobile phone associated with (FLOOSS) services is lost or compromised in any way, the customer must immediately notify (FLOOSS) by calling ………. or sending an email to ………………..
   2. In such cases, the profile will be temporarily blocked, and new credentials will be issued to the customer after completing the necessary verification process.
4. Protecting the Mobile Device:
   The customer is responsible for protecting their mobile device, ensuring its proper use, and maintaining the confidentiality of the PIN Code for all transactions conducted through the (FLOOSS) application.
5. Changing the PIN Code:
   The customer has the right to change their PIN Code through the service menu in the (FLOOSS) application or via other authorized methods.
6. Identity Verification During Transactions:
   The customer must always verify their identity using their mobile phone and PIN Code when conducting any transaction through the (FLOOSS) services.
7. Prohibition on Sharing the PIN Code:
   1. The customer is strictly prohibited from disclosing their PIN Code to anyone, including (FLOOSS) customer service employees or the customer service center.

Customer Obligations

1. Customer Responsibility for Activities and Transactions:
   The customer assumes full responsibility for all transaction activities and fees associated with the (FLOOSS) services, whether conducted by the customer directly or through a third party authorized by them using the Personal Identification Number (PIN Code) via their mobile phone.
2. Prohibited Use:
   The customer is prohibited from using the (FLOOSS) application or its services for any purpose that violates applicable regulations, guidelines of the Saudi Central Bank, court rulings, (FLOOSS) policies, public policy, or any purpose that could harm the reputation of (FLOOSS).
3. Responsibility for Activities and Transactions:
   The customer bears full responsibility for all transaction activities and fees related to the (FLOOSS) service, whether executed by the customer directly or by an authorized third party using the PIN Code on their mobile phone.
4. Reporting Illegal Activities:
   If the customer discovers any illegal activities associated with the product or service provided, they are obligated to report them to (FLOOSS) immediately.
5. Data Confidentiality:
   The customer agrees not to disclose their personal or financial data to any third party other than (FLOOSS) under any circumstances.
6. Accuracy of Information:
   1. The customer guarantees that all information entered into the (FLOOSS) application or provided in connection with its services is accurate, complete, and up-to-date.
   2. When executing transactions, the (FLOOSS) system relies on the registration information provided by the customer.
7. Responsibility for Errors:
   The customer acknowledges that any errors in the information, such as misidentifying beneficiaries, misspellings, or incorrect numbers, are their responsibility. (FLOOSS) is not liable for executing any transaction based on inaccurate or incomplete information provided or entered by the customer.
8. Geographic and Legal Restrictions:
   1. The (FLOOSS) services are designed for use within the Kingdom of Saudi Arabia.
   2. The customer agrees not to use the services in cases involving proceeds from crimes, fraud, illegal activities, or gambling purposes, including placing bets or paying winnings.
   3. The customer agrees to adhere to the laws and regulations concerning money laundering, terrorist financing, human trafficking, fraud, currency controls, and transfers.
9. Compliance with Terms and Conditions:
   The customer agrees to perform all transactions in compliance with these terms and conditions.
10. Authorization and Responsibility:
    The customer acknowledges the need for caution when authorizing another party to conduct their financial transactions and is aware of the potential risks associated with such authorization.

Data Protection and Confidentiality

1. Privacy Regulation:
   Communication privacy is governed by the terms and regulations issued by the Saudi Central Bank (SAMA), including its resolutions and circulars. The customer acknowledges that (FLOOSS) may be required by law or under certain circumstances to disclose customer information or details to government authorities, or with the customer’s written consent, to facilitate the provision of (FLOOSS) services.
2. Data Processing:
   1. By applying for (FLOOSS) services, the customer grants (FLOOSS) full consent to process their personal data.
   2. Personal data collected from third parties will not be stored or recorded in a way that directly or indirectly identifies the customer, except when the provider is a regulatory or governmental entity.
3. Use of Personal Data:
   1. When requesting (FLOOSS) services, the customer agrees to the use of the following personal data for “Know Your Customer” (KYC) and marketing purposes:
      • Name.
      • Contact number (for KYC and marketing purposes).
   2. Excluding sensitive data, personal data may be processed for marketing purposes. Sensitive data includes:
      • The relationship with Saudi civil authorities.
      • Credit information.
4. Intellectual Property Rights:
   Intellectual property rights, including copyrights, designs, patents, trademarks, and international agreements, protect all materials associated with (FLOOSS) services and applications.
5. Data Access:
   Only authorized employees are permitted to access customers’ personal and financial information.
6. Customer Rights Related to Personal Data:
   1. Right to Information:
      The customer has the right to receive effective notification explaining the legal or practical justification for collecting their personal data and its intended use. Personal data shall not be subsequently processed for purposes inconsistent with the original purpose of collection or other purposes specified by (FLOOSS).
   2. Right to Access:
      The customer has the right to access their personal data held by (FLOOSS), including obtaining a clear and accurate copy of their data free of charge.
   3. Right to Correction:
      The customer has the right to request corrections, additions, or updates to their personal data held by (FLOOSS) to ensure its accuracy.
   4. Right to obtain: The customer has the right to request his/her data, in a readable and clear format, held by (FLOOSS) to ensure its accuracy.
   5. Right to Deletion:
      The customer has the right to request the deletion of their personal data held by (FLOOSS) after 10 years from the data retention period as per the application’s policies.
7. Payment Information:
   1. All payment information and funds received from the customer are treated as confidential information.
   2. The customer is the sole beneficiary of credit amounts in their Company Al-AN AL-KHALIJIYYA For Consumer Microfinance Bank account.
   3. The (FLOOSS) application records serve as tangible evidence of the amounts available in the customer’s account.
8. Interest and Credit Amounts:
   The customer is not entitled to claim any interest on credit amounts.
9. Security Measures:
   1. (FLOOSS) takes reasonable measures to ensure the security and confidentiality of transactions and customer information within the (FLOOSS) application.
   2. However, (FLOOSS) does not guarantee complete security of the (FLOOSS) application or its services and is not liable for any loss or damage resulting from the use of its services.

Disclaimer and Indemnity

1. Disclaimer of Warranties:
   1. The (FLOOSS) services and materials provided through it are offered “as is” without any express or implied warranties, as permitted by applicable law.
   2. (FLOOSS), its affiliates, licensors, suppliers, advertisers, sponsors, and agents provide no guarantees, including but not limited to:
      • Title.
      • Non-infringement.
      • Accuracy.
      • Merchantability for a particular purpose.
      • Warranties arising from trade practices, service performance, or usage of trade.
2. Limitations of Warranties:
   1. (FLOOSS) and its affiliates or related parties do not guarantee uninterrupted, error-free use of the application or services, nor do they guarantee security or freedom from viruses or harmful components.
   2. No warranties are offered for fixing defects or errors in the application or services.
3. Customer Responsibility:
   1. The customer is responsible for maintaining and servicing mobile phones, devices, and other equipment necessary to access and use the (FLOOSS) application.
   2. The customer is responsible for any charges associated with using devices or communications.
   3. The customer assumes all risks related to the use of the application or services and any reliance on them.
4. Liability Exclusion:
   1. (FLOOSS) is not responsible for acts or omissions of third parties, including services not explicitly provided by (FLOOSS).
   2. (FLOOSS) is not liable for:
      • Delays.
      • Loss of business, profits, or revenues.
      • Loss of goodwill or anticipated savings.
      • Damages, fees, or costs resulting from unavailability or use of services.
5. Indemnity:
   The customer agrees to indemnify and hold (FLOOSS), its affiliates, and related parties harmless from any claims, losses, damages, or costs, including legal fees, arising from:

• Use or misuse of the (FLOOSS) application or services.
• Violation of the terms and conditions outlined in this document.
• Any breach of warranties or obligations.

1. Final Commitment:
   • The customer’s use of the (FLOOSS) application and its services is entirely at their own risk.
   • (FLOOSS) provides no warranties or commitments regarding its services beyond what is specified in these terms.

General Terms and Conditions

1. Notification of Changes to Personal Data:
   Customers must promptly notify (FLOOSS) of any changes to the personal information provided in the registration application form.
2. Support and Disputes:
   For standard support, customers are required to use live chat and other available channels.
   In case of a dispute or complaint about financial services offered through the (FLOOSS) application, the issue must be reported directly by contacting …………….. or sending an email to …………… to log the complaint.
   (FLOOSS) retains the authority to investigate claims and resolve disputes in good faith and at its discretion in a fair and amicable manner.
3. Records as Binding Evidence:
   In case of a dispute, the records maintained by (FLOOSS) shall serve as conclusive and binding evidence of the transactions conducted using (FLOOSS) services.
4. Intellectual Property Rights:
   (FLOOSS) retains copyright, trademark, and all other intellectual property rights in the materials provided.
   Customers agree not to claim or assert any intellectual property rights related to the services or materials provided by (FLOOSS).
5. Receiving Messages:
   The customer agrees to receive SMS messages from (FLOOSS) using the mobile number provided in the registration application form.
6. Adherence to Terms:
   These terms (or any revised version) constitute a binding agreement between the customer or their representatives and (FLOOSS), encompassing all stated terms and conditions.
7. Non-Transferability of Terms:
   These terms cannot be transferred or assigned to any person other than the customer specified in the registration form.
8. Supplementary Rights:
   All rights and measures mentioned in this agreement are supplementary and do not exclude any rights or measures stipulated by the laws of the Kingdom of Saudi Arabia.

Changes to Terms and Conditions

1. Effective Date:
   1. The updated version of the terms and conditions will be made available on the official website and the (FLOOSS) application.
   2. The customer’s continued use of (FLOOSS) services after any changes to the terms and conditions will be considered as acceptance of these changes.
2. Compliance with Saudi Central Bank (SAMA) Regulations:
   These terms are subject to updates in accordance with notifications or guidelines issued by the Saudi Central Bank (SAMA) from time to time.

Governing Law and Dispute Resolution

1. This agreement shall be governed by and interpreted in accordance with the laws, regulations, instructions, decrees, and any legally binding directives in force in the Kingdom of Saudi Arabia.
2. In the event of a dispute or disagreement between the parties regarding the execution of the contract, and if an amicable resolution cannot be reached, the matter shall be referred to the competent Saudi court in Riyadh for final settlement.

Customer Consent:

Hereby, I acknowledge and clearly understand all the terms and conditions, including the processing of personal data and the mechanisms for assessing eligibility for financing through the (FLOOSS) application. I agree to the following:

1. I declare that I am the actual beneficiary of the financing request.
2. By digitally signing any form or document, I confirm and commit to the contents of that document.
3. I consent to the processing of my personal information by (FLOOSS) in accordance with regulatory requirements.
4. I authorize (FLOOSS) to access my information through the “Absher” platform or any other relevant entity.
5. I understand that there are exceptional circumstances where my consent may not apply, such as:
   • The inability to contact me using the provided information (phone, email, or address).
   • Verification of my personal data based on previous loan applications.
6. I consent to grant (FLOOSS) permission to access my financial records through “SIMAH” for the purpose of reviewing my credit history and updating information.
7. I take full responsibility for promptly reviewing my account data and related notifications upon receipt.
8. I agree to settle any outstanding balance, fees, or taxes associated with my account in the (FLOOSS) application.
9. I understand that I am responsible for any damages, costs, or account termination resulting from failure to review my account data or notifications. (FLOOSS) will notify me of any damages, costs, or account termination decisions related to my account.
10. I consent to sharing my data with participating merchants to facilitate the acquisition of assets and digital installment services.
11. I agree to allow my name to appear on the (FLOOSS) application pages, including the welcome page and while using the application.
12. I commit to notifying (FLOOSS) in writing or by phone of any changes to my account information or other relevant details.
13. I agree to receive promotional or educational materials from the (FLOOSS) application.

For information