Terms and Conditions

1. Introduction and Acceptance of Terms

Welcome to Chattak Electronic Money Institution ("Chattak EMI," "we," "us," or "our"). These Terms and Conditions ("Terms") govern your use of our mobile application (the "App") and all related services we provide (collectively, the "Services").

By creating an account, downloading the App, or using our Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you may not use our Services.

These Terms constitute a legally binding agreement between you and Chattak EMI. Please read them carefully.

2. Eligibility

To use our Services, you must:

• Be at least 16 years old.
• Successfully complete our identity verification process.
• Agree to comply with these Terms and all applicable Afghan laws and regulations.

3. Account Registration and Security

a) Account Creation:

To use our Services, you must register for an account. You agree to provide accurate, current, and complete information as prompted by the registration process. This includes providing personal identification information and documents, such as the Afghan national electronic identity card (e-Tazkira) or/and Passport and visa if registering as a foreigner, as required by our Know Your Customer (KYC) and Customer Due Diligence (CDD) procedures.

b) Your Responsibilities:

You are solely responsible for:

• Maintaining the confidentiality of your account password, PIN, and any other security credentials.
• All activities that occur under your account, whether or not you have authorized them.
• Ensuring that your account information is kept up to date.

c) Unauthorized Use:

You must notify us immediately if you suspect any unauthorized access to or use of your account. We are not liable for any loss you may incur as a result of someone else using your account or password, either with or without your knowledge, but you may be held liable for losses incurred by Chattak EMI or another party.

4. Description of Services

Chattak EMI is an Electronic Money Institution licensed by Da Afghanistan Bank (DAB). Our Services allow you to:

• Issue and redeem e-money in Afghani (Afn).
• Send and receive funds to and from other Chattak users.
• Pay bills and make purchases at participating merchants.
• Load funds into and cash-out funds from your e-money account through authorized agents.

All Services are provided solely in accordance with the terms of our license from Da Afghanistan Bank (DAB) and all applicable financial regulations in Afghanistan.

5. Nature of Electronic Money

By using our Services, you acknowledge and agree to the following:

• E-Money Only: Funds held in your Chattak e-money wallet represent electronic money. They do not constitute a bank deposit or current account.
• No Deposit Guarantee: Your funds are not covered by any government or financial sector deposit insurance or guarantee scheme.
• Safeguarding: Chattak EMI will safeguard your funds in accordance with the regulations set by Da Afghanistan Bank (DAB). Your funds are held separately from Chattak EMI’s own operational funds, protecting them in the unlikely event of our insolvency.

6. Prohibited Use

You may only use the Services for lawful purposes and in compliance with these Terms. You are prohibited from using the Services:

• For any illegal activities, including but not limited to money laundering, financing of terrorism, or fraud.
• To violate any intellectual property rights of Chattak EMI or third parties.
• In any manner that could disable, overburden, damage, or impair the App or interfere with any other party's use of the Services.
• To engage in transactions related to prohibited goods or services as defined by Afghan law.

We actively monitor account activity and are legally obligated to report suspicious activity to the Financial Transactions and Reports Analysis Center of Afghanistan (FinTRACA).

7. Fees and Charges

You are responsible for paying any applicable fees for using our Services. A schedule of our current fees for transactions and other services will be made available to you within the App and on our website. We reserve the right to change our fees at any time, and we will provide you with advance notice of any such changes.

8. Transactions and Discrepancy Reporting

a) Transaction Execution:

All transactions initiated from your account are your responsibility. You must ensure that you have sufficient funds in your e-money wallet to cover the transaction amount and any applicable fees. Once you have confirmed a transaction, it cannot be reversed. We will make reasonable efforts to process your transactions in a timely manner but make no guarantees regarding processing times.

b) Discrepancy Reporting:

You must immediately report any unauthorized or incorrectly executed transactions, or any other discrepancies, by contacting our customer support team as outlined in the "Contact Us" section. We will investigate the reported issue in accordance with our internal policies and applicable regulatory requirements, and we will notify you of the outcome of our investigation.

9. Suspension and Termination of Your Account

a) By Chattak EMI: We reserve the right to suspend or terminate your account and your access to our Services at our sole discretion, without prior notice, if:

• You violate any provision of these Terms.
• We suspect fraudulent, unauthorized, or illegal activity on your account.
• We are required to do so by a legal or regulatory body.
• You fail to comply with any KYC/CDD request.

b) By You: You may close your account at any time by contacting customer support. Any remaining balance will be returned to you, subject to applicable fees and legal requirements.

10. Intellectual Property Rights

The App, the Services, and all content, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Chattak EMI, its licensors, or other providers of such material and are protected by international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

11. Disclaimers and Limitation of Liability

a) Disclaimer of Warranties: The Services are provided on an "as is" and "as available" basis, without any warranties of any kind, either express or implied. We do not guarantee that our Services will be uninterrupted, error-free, or completely secure.

b) Limitation of Liability: To the fullest extent permitted by Afghan law, Chattak EMI shall not be liable for any indirect, incidental, special, or consequential damages, including but not limited to loss of profits, data, or goodwill, arising from your use of or inability to use our Services.

12. Indemnification

You agree to defend, indemnify, and hold harmless Chattak EMI, its affiliates, licensors, and service providers, and its respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use of the Services, including, but not limited to, your Account activities, transactions, or use of the App content.

13. Dispute Resolution

If you have a complaint or dispute, please contact our customer support team first. We are committed to resolving disputes promptly and fairly. Unresolved disputes may be subject to binding arbitration or other formal dispute resolution mechanisms as required by Da Afghanistan Bank (DAB) regulations.

14. Force Majeure

Chattak EMI shall not be liable for any delay or failure in performance of any part of the Services resulting from any cause beyond our reasonable control, including but not limited to, acts of God, war, terrorism, political unrest, natural disaster, acts of civil or military authorities, power outages, and network failures.

15. Governing Law and Jurisdiction

These Terms are governed by and construed in accordance with the laws of Afghanistan, without giving effect to any choice or conflict of law provision or rule. Any legal action or proceeding arising out of or related to these Terms or the Services shall be instituted exclusively in the courts of Afghanistan.