OMT Pay Wallet Terms and Conditions

 

These terms and conditions (the Terms and Conditions) govern (i) the access and operation of the Platform (as defined below) and (ii) the usage and benefit of any of the services offered by OMT, from time to time, on or through the Platform. By using the Platform and/or the Services or any of them, you agree to comply with these Terms and Conditions and any additional terms and conditions, guidelines or rules that may be provided by OMT from time to time. Please read these Terms and Conditions carefully in their entirety before using the Service as they contain important information regarding your legal rights, remedies, and obligations.

  1. Definitions

BDL means Banque du Liban;

Biometric Technology has the meaning ascribed to it in Section 3 below;

Eligible Device has the meaning ascribed to it in Section 3 below;

Funds means the balance, from time to time, of any amount credited and/or deposited in any OMT Card or OMT Wallet;

Intellectual Property Rights has the meaning ascribed to it in Section 8 below;

OMT or “we” or “us” means Online Money Transfer (OMT) sal;

OMT Card means any payment card issued (physically or virtually) by OMT or co-branded with OMT;

OMT Wallet means an electronic wallet related to any User and only accessible and operational through the Platform;

OTP means a one-time-password sent by SMS to the mobile number of the User;

Platform means the digital platform owned and operated by OMT through which Users can access any feature available on the Platform including OMT Wallet to benefit from one or more of the Services;

Services means any or all the services offered by OMT to the Users while accessing the Platform (as amended or modified from time to time), including the service of using OMT Card and/or OMT Wallet;

User(s) or “you” means any individual or entity having access to the Platform and ultimately (to the extend applicable) to OMT Wallet;

User’s Credentials means a mobile number and a password used by any User to access the Platform and benefit from the Services a username created by the User and the User’s mobile number linked to OMT Wallet.

  1. Introduction

OMT is licensed by the Central Bank of Lebanon and abides by the applicable laws of the Republic of Lebanon including all applicable statutes, circulars, enactments, acts of legislature or parliament, laws, ordinances, rules, by-laws, regulations, notifications, guidelines, policies, directions, directives, writs, decrees, circulars and regulations of any governmental authority, as amended from time to time and including but not limited to (a) AML/CFT Legislation- Law No. 44/2015 dated November 24, 2015, on Fighting Money Laundering and Terrorist Financing in the Republic of Lebanon, (b) Basic Circular No. 69 dated 30/3/2000 on Electronic Financial and Banking Operations issued by BDL, as amended and as may be further amended from time to time and (c) the rules, regulations, directives and circulars issued by the BDL.

OMT may, from time to time and at its sole discretion, (i) expand or reduce the range of the Services and/or (ii) add certain limitations, exclusions and/or constraints to the Services that may vary with time and depending on the profile of the Users and the nature of the Service.

Users may only use the Platform and have access to all the Services (including services related OMT Card and OMT Wallet in accordance with these Terms and Conditions. If a User does not agree to these Terms and Conditions, such User shall not have the ability to access the Platform and to benefit from the Services. Users consent to receiving or access these Terms and Conditions electronically. These Terms and Conditions supersede any prior terms and conditions that Users may have agreed on with respect to access the Platform and to benefit from the Services. These Terms and Conditions may be amended by OMT from time to time at the sole discretion of OMT.

By agreeing to these Terms and Conditions, each User represents that he is (i) 18 years old or older and (ii) capable of entering into a legally binding agreement.

  1. Eligibility/Enrollment and Account Information

To benefit from the Services, a User must download the Platform and create an account (the OMT Account).

To register an OMT Account, a User must i) be an adult (i.e. aged eighteen (18) years old or over) at the point of registration and must provide all the information required on the registration form, including the full name and address, email address , scanned copy of the relevant identity card or passport.; ii) have not previously been suspended, removed or deactivated from the Platform; iii) if a legal entity, be duly organized, validly existing in good standing under all applicable Law; iv) have all requisite right, power, and authority to enter these Terms and Conditions, perform the obligations, and grant the rights and authorizations referred to in these Terms and Conditions; and v) agree to comply with any applicable Law, regulation, judicial order or any other decree in the relevant jurisdictions.

The Platform may use the User’s palm print, fingerprint, facial map or any other biometric data to recognize such User, authenticate its identity, or authorize its transactions (Biometric Technology). Users understand that OMT does not provide the Biometric Technology. OMT makes no representation or warranty about the security of the Biometric Technology or whether it will work as represented by the Platform. Users understand that when using the Biometric Technology with the Platform at a point of sale, Users are authorizing a transaction on their OMT Wallet.

The Platform can only be used with a compatible device as determined by the Platform’s provider or OMT (Eligible Device). Devices modified contrary to the manufacturer’s software or hardware guidelines, including by disabling hardware or software controls— sometimes referred to as “jailbreaking”—are not Eligible Devices. Users acknowledge that the use of a modified device to use the Platform and/or any of the Services (including services related OMT Card and OMT Wallet) is expressly prohibited, constitutes a violation of the Terms and Conditions, and allows OMT to deny a User’s access to the Platform and to the Services. OMT does not recommend, endorse or make any representation or warranty of any kind regarding the performance or operation of an Eligible Device. Users are responsible for the selection of an Eligible Device and for all issues relating to the operation, performance and costs associated with such Eligible Device.

Each User authorizes OMT and User’s telecommunications carrier or operator to disclose its mobile number, name, address, email address, network status, User type, billing type, mobile device identifiers (IMSI and IMEI) and other User’s details, if available to allow verification of such User’s identity and to compare information the User has provided to OMT with its telecommunications carrier or operator account profile information for the duration of such User’s business relationship with OMT.

Separately, OMT may obtain information about each User’s mobile phone activity from third parties and use this information for OMT’s other legitimate business purposes.

Any application for registration will undergo an e-KYC (electronic Know Your Customer) process. This is conducted for various reasons, such as verifying your identity and complying with our legal and regulatory obligations.

OMT retains the authority, solely at its discretion, to (i) modify and/or adjust the registration and/or the e-KYC requirements and the due diligence process in accordance with the evolving of the Platform, the Services and applicable laws and regulations, and (ii) decline to establish or uphold the OMT Account of any User and/or place any limitations on it.

You acknowledge and agree that all information provided for registration is accurate, complete, and current. It’s your responsibility to promptly notify OMT of any changes by manually updating your OMT Account, to comply with our legal and regulatory obligations, occasional additional information may be required from you, and to ensure timely submission of requested information to avoid disruption in the Platform and/or the provision of the Services or any conducted transactions. You are solely responsible and agree to indemnify OMT (and OMT’s employees, shareholders, directors, agents, advisers, service and technology providers, banks, affiliates and representatives) against any claims or losses arising from the submission of false, inaccurate, or incomplete information.

We retain the right, at any time, to request validation of the accuracy of the information provided to us or to ask for relevant documents or supporting evidence.

  1. Use of OMT Wallet

By agreeing to these Terms and Conditions, OMT is irrevocably and unconditionally authorized to execute any instruction requested through the Platform in connection with OMT Services (including Services related to OMT Card and/or OMT Wallet). If a User’s personal identification number, biometric authentication, username or other passcode is compromised or the OMT Wallet of such User has been used through the Platform without its permission, or if the Eligible Device of a User has been lost or stolen, such relevant User must notify OMT immediately and shall be liable for all the losses in connection with any unauthorized access of the Platform and/or the usage of the Services including the operation of OMT Card and/or OMT Wallet.

Each User agrees and acknowledges that, where applicable, transaction history displayed on the Platform in connection with the use of the Services solely represents OMT’s authorization of such User’s transactions and does not reflect any post-authorization activity, including but not limited to clearing, settlement, foreign currency exchange, reversals, returns or chargebacks. Accordingly, the purchase amount, currency, and other details for each User’s transaction history in connection with the usage of the Platform and/or the Services (including Services related to OMT Card and OMT Wallet) may not match the transaction amount that ultimately clears, settles, and posts to the User’s billing statement.

As a condition to access the Platform and benefiting from the Services (including Services related to OMT Card and OMT Wallet), each User consents to receiving from OMT notifications and automatically dialed calls or text messages on its Eligible Device, including at the phone number that the User provides. If at any time a User revokes this consent, OMT may suspend or cancel such User’s ability to use the Platform and benefit from the Services.

Each User is aware of the risks that may arise from transactions conducted through the Platform via open systems accessible to anyone (such as but not limited to, public and private data transmission networks, internet servers, access providers, etc.). The encryption used in the Platform cannot prevent unauthorized persons from carrying out targeted manipulations on the Platform of an authorized user, especially via the internet, for which each User must assume responsibility.

Each User shall take and adopt the most recent and up-to-date security measures to minimize the security risks associated with internet use. Each User is obliged to, and shall take particular care to, protect its User’s Credentials from unauthorized access or use.

By utilizing the Platform, you agree to adhere to the following guidelines:

Your use of our services must align with our terms and not infringe any laws, such as the AML/CFT Legislation, concerning money laundering and terrorist financing in Lebanon. It should also respect public interests, morals, and the legitimate interests of others. This includes refraining from actions that disrupt, impede, negatively impact, or prevent others from utilizing our Services.

All activities linked to your account are solely your responsibility. You must use the Services exclusively for transactions on your own account, refraining from representing any other individual or entity.

We reserve the right to set general practices and limitations for service usage. This includes implementing transaction limits (such as value or frequency) and deposit limits. These restrictions or changes might occur without prior notice. Additionally, we may impose transaction restrictions or limit account access when necessary for our protection or that of other users.

Access to your account might be restricted during ongoing investigations or dispute resolution. Furthermore, we may retain funds in your OMT Card and/or OMT Wallet in case of a fraud, misconduct, criminal act or as required by law, court order, or at the request of law enforcement.

We are not liable for any losses resulting from the refusal or delay of a transaction.

We retain the right to decline executing transactions, orders, or any service usage and to freeze OMT Card and/or OMT Wallet and to retain any funds credited therein, if we suspect fraudulent activity, a violation of the Terms and Conditions, or a breach of the law. Transactions might also face delays when complying with regulatory obligations, particularly in cases involving suspected fraudulent behavior.

  1. Transactions through OMT Card and/or OMT Wallet

Your OMT Card and OMT Wallet will enable you to receive national and international transfers, carry out transactions available on the Platform, deposit, withdraw, and make payment through your OMT Card and/or OMT Wallet. You may not use, or attempt to use, your OMT Card and/or OMT Wallet for any other purpose.

Your OMT Card and/or OMT Wallet (as applicable) is an electronic card or wallet (as the case may be) and you acknowledge that is not a bank account or deposit account nor do the Platform offers the features and benefits of a traditional bank account or deposit account. There is no overdraft facility available on your OMT Card and/or OMT Wallet and we do not pay interest to You. The funds shall only apply for your future use of the Services.

The Services allow you, inter alia, to use funds in your OMT Card and/or OMT Wallet to make payments directly to certain eligible businesses that we designate from time to time and that you authorize (each, a Payment). When you make a Payment to an eligible user utilizing the Service, you irrevocably and unconditionally authorize us to withdraw the necessary funds from your OMT Card and/or OMT Wallet (as the case may be) to the relevant eligible user. Your requested Payments may be declined if you do not have sufficient funds available in your OMT Card and/or OMT Wallet (as the case may be) to satisfy the requested Payment.

When you use the Services, your Payment will be made through an electronic funds transfer. We will generally withdraw the funds from your OMT Card and/or OMT Wallet (as the case may be)and electronically transmit those funds to the business on the same day as your request.

Users can load Funds into their OMT Card and/or OMT Wallet (as the case may be) using authorized payment methods and use the Funds stored in their Wallet to make payments to merchants or other users who accept the Service. Funding, payments and transfers are displayed in your OMT Card and/or OMT Wallet (as the case may be) and you should check their balances and transactions’ history regularly. You should report any irregularities or clarify any questions you may have as soon as possible.

Users are responsible for ensuring the availability of sufficient Funds for transactions.

By accessing the Platform and using the Services, you irrevocably and unconditionally authorize OMT to execute and process transactions initiated by you or on your behalf. You will receive transaction records for each transaction conducted through the Platform. It is your responsibility to review these records and report any discrepancies or errors to OMT promptly.

  1. Authorization to collect and share data

Users agree that OMT may collect, transmit, store, and use technical, location, and login or other information about Users and their use of the Platform and/or the Services (including services related OMT Card and OMT Wallet). Users acknowledge that (i) the Platform provider, as well as Platform provider’s sub-contractors, agents, and affiliates, or other third parties supporting the Platform and (ii) the applicable payment network branded on OMT Card and/or OMT Wallet as well as such network’s sub-contractors, agents, and affiliates, will have access to certain details of the Users’ transactions made with merchants via the use of the Platform and/or the Services ((including services related OMT Card and OMT Wallet). OMT will use, share and protect the personal information of the Users in accordance with applicable laws and its internal rules, policies and procedures. Users acknowledge that the use and disclosure of any personal information (including biometric information) provided by the Users directly to the Platform provider, the applicable payment network branded on OMT Card and/or OMT Wallet, or other third parties supporting the Platform, will be governed by such party’s privacy policy and not by OMT’s privacy internal rules, policies and procedures.

To provide the Services and allow you to conduct transactions according to these Terms and Conditions, we are required to gather and process information concerning you. You irrevocably and unconditionally agree to such request.

By accepting these Terms and Conditions, you authorize us to collect, process, and store your personal data in accordance with our guidelines (as amended from time to time).

  1. Changes to Participation in the Platform and these Terms and Conditions

OMT may, at any time, for convenience and without any justifications (i) terminate or suspend a User’s use of the Platform and/or any of or all the Services (including services related OMT Card and OMT Wallet); (ii) modify or suspend the type or amounts of transactions allowed using the Platform and/or the Services (including services related OMT Card and OMT Wallet); (iii) change the eligibility for use of the Platform and/or the Services (including services related OMT Card and OMT Wallet); (iv) change the authentication process of the Platform and/or the Services (including services related OMT Card and OMT Wallet); and/or (v) change, amend or revise these Terms and Conditions.

Users are irrevocably and unconditionally bound by any and all changes and revisions made by OMT in relation to the Platform and/or the Services (including services related OMT Card and OMT Wallet).

OMT has the irrevocable and unconditional right, at its sole discretion, to disactivate the Platform, stop one or more of the Services (including services related OMT Card and OMT Wallet) and/or its terminate its relationship with a User under these Terms and Conditions. Furthermore, OMT may take any of the above actions, if:

  • at OMT’s discretion, OMT considers that your access to the Platform and/or your use of the Services (including services related OMT Card and OMT Wallet) is causing harm, corruption, degradation, destruction, or adverse effects on OMT, the Platform, the Services (including services related OMT Card and OMT Wallet) and/or any other software, data, systems, or networks accessed or used by you.
  • there are concerns about money laundering or terrorism financing or fraud or any misconduct or the like while accessing the Platform and using any of the Services (including services related OMT Card and OMT Wallet).
  • your actions adversely affect OMT business operations, reputation, goodwill, or potentially create offenses, increased risk, or liability for us.

Moreover, in the event of breaching any Terms and Conditions, we reserve the right to report any transaction or relevant information about your use of our Platform and/or the Services (including services related OMT Card and OMT Wallet) to the relevant authorities, law enforcement bodies, government and judicial and arbitral departments, or, if needed, initiate legal proceedings.

  1. Intellectual Property

All intellectual property rights including all patents, trade secrets, copyrights, trademarks, codes (including source codes) and moral rights (the Intellectual Property Rights) in the Platform (including text, graphics, software, photographs and other images, videos, sound, trademarks and logos) are owned either by OMT, the Platform’s provider, OMT’s licensors or third parties. Nothing in these Terms and Conditions gives the Users any rights in respect of any intellectual property owned by OMT, the Platform provider, OMT’s licensors or third parties.

  1. Representation, Warranty and Disclaimer

The User represents and warrants to OMT for as long as the User is benefiting from the Platform and/or the Services (including services related OMT Card and OMT Wallet) that: (i) the name identified by the User when it access the Platform is the true User’s name; (ii) the OMT Account, OMT Card and/or OMT Wallet added to the Platform belongs to the User; (iii) the User has the authority to authorize the receipt of notices, calls and text messages from OMT at the phone number provided by the User to OMT; (iv) the User and all transactions initiated by the User will comply with all laws, rules, and regulations, including any tax laws and regulations; (v) the User will not use the Platform nor the Services (including services related OMT Card and OMT Wallet) for any fraudulent undertaking, fraudulent benefit, fraudulent transfers or in any manner so as to interfere with the operation of the Platform; and (vi) the use by the User of the OMT Wallet in connection with the Platform will comply with these Terms and Conditions.

The Platform is provided by a Platform provider and other third parties that support the Platform and without warranty from OMT. Users acknowledge and agree that from time to time, the use of the Services (including services related OMT Card and OMT Wallet) in connection with the Platform may be delayed, interrupted or disrupted for an unknown period of time for reasons OMT cannot control. Neither OMT nor its affiliates, processors, suppliers, service and technology providers, developers, banks and financial institutions and/or licensors (nor their respective affiliates, agents, directors, shareholders, advisers and employees) will be liable for any claim arising from or related to the access of the Platform and the use of the Services (including services related OMT Card and OMT Wallet) due to such delay, interruption, disruption or similar failure.

User acknowledges that OMT is not party to any agreement or the terms and conditions for the Platform between the User and the Platform provider or the other third parties supporting the Platform and OMT does not own and is not responsible for the Platform. OMT is not providing any warranty for the Platform. OMT is not responsible for maintenance or other support services for the Platform and shall not be responsible for any other claims, losses, liabilities, damages, costs or expenses with respect to the Platform including, without limitation, any third party product liability claims, claims that the Platform fails to conform to any applicable legal or regulatory requirement, claims arising under consumer protection or similar legislation, and claims with respect to intellectual property infringement. Any inquiries or complaints relating to the use of the Platform, including those pertaining to Intellectual Property Rights, must be directed to the Platform provider or the other third parties supporting the Platform.

You expressly understand and agree that your access to the Platform and the usage of the Service and all information, products, and other content (including that of third parties) included in or accessible through the Platform and/or the Services are at your own risk. The Services are provided on an “as is” and “as available” basis without any warranties of any kind, and we expressly disclaim any and all conditions, representations, warranties, express or implied, statutory, or otherwise, including, without limitation, any implied warranty of title, merchantability, fitness for a particular purpose, and non-infringement.

Merchants may present to the Users certain discounts, rebates or other benefits (e.g., free shipping) (the Offers) in the Platform. Such Offers are subject to certain terms and conditions and may change at any time without notice to the Users. OMT will not be liable for any loss or damage as a result of any interaction between a User and a merchant with respect to such Offers. All matters, including delivery of goods and services, returns, and warranties, are solely between each User and the relevant merchants. Users acknowledge that OMT does not endorse or warrant the merchants that are accessible through the Platform or the Offers that they provide.

Without limiting the foregoing, OMT makes no warranty that (a) the Services will meet your requirements; (b) the Services will be uninterrupted, timely, secure, or error-free; (c) the results that may be obtained from the use of the Services will be accurate or reliable; (d) the quality of any products, services, information, or other material purchased or obtained by you through the Services will meet your expectations; or (e) any errors in the accessibility of the Platform and/or the provision of the Services will be corrected. No oral or written information or advice given by us or any of our authorized representatives will create any warranty.

  1. Limitation of Liability

In no event, OMT, its processors, suppliers, advisors, service and technology providers, developers, banks and financial institutions and/or licensors (or OMT or their respective affiliates, agents, directors, shareholders, advisers, suppliers and employees) shall be liable for any direct, indirect, punitive, incidental, special, consequential, or exemplary damages, including without limitation, damages for loss of profits, loss of opportunity, goodwill, use, data, or other intangible losses, that result from the use of, inability to use, or unavailability of the Platform and/or the Services (including services related OMT Card and OMT Wallet), including User’s accessibility to the Platform and usage of the Services (including services related OMT Card and OMT Wallet). Under no circumstances will OMT be responsible for any damage, loss, or injury resulting from hacking, tampering, or other unauthorized access of the Platform and/or use of the Services (including services related OMT Card and OMT Wallet).

OMT, its processors, suppliers, advisors, service and technology providers, developers, banks and financial institutions and/or licensors (and OMT and their respective affiliates, agents, directors, shareholders, advisers and employees) assume no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from the User’s access to or use of the Platform and/or the Services (including services related OMT Card and OMT Wallet) (iii) any unauthorized access to or use of OMT’s secure servers and/or any and all personal information stored therein; (iv) any interruption or cessation of transmission to or from the Platform; (v) any bugs, viruses, trojan horses, or the like that may be transmitted to or through the Platform by any third party; (vi) any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the Platform; and/or (vii) user content or the defamatory, offensive, or illegal conduct of any third party. In no event shall OMT, its processors, suppliers, advisors, service and technology providers, developers, banks and financial institutions and/or licensors (or our or their respective affiliates, agents, directors, shareholders, advisers and employees) be liable to the User for any claims, proceedings, liabilities, obligations, damages, losses or costs whatsoever.

This limitation of liability section applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if OMT has been advised of the possibility of such damage. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED.

  1. Indemnity

The User shall indemnify, defend, and hold OMT harmless (and OMT’s employees, shareholders, directors, agents, advisers, service and technology providers, affiliates, processors, suppliers, service and technology providers, developers, banks and financial institutions and/or licensors and representatives) from and against any and all claims, costs, losses, damages, judgments, tax assessments, penalties, interest, and expenses (including attorneys’ fees) arising out of any claim, action, audit, investigation, inquiry, or other proceeding instituted by a person or entity that arises out of or relates to: (i) any actual or alleged breach of the User’s representations, warranties, or obligations set forth in these Terms and Conditions, including any violation of OMT’s policies; (ii) the User’s wrongful or improper use of the Platform and/or the Services (including services related OMT Card and OMT Wallet), including misconduct or fraud; (iii) the User’s violation of any third-party right, including without limitation any right of privacy, publicity rights or Intellectual Property Rights; (iv) the User’s violation of any law, rule or regulation; and/or (v) any other party’s access or use of the Platform and/or the Services (including services related OMT Card and OMT Wallet) with the User’s PIN, biometric authentication or other appropriate security code.

  1. Fees

The User will be informed from time to time by electronically communicated instructions though the Platform or otherwise about the fees that OMT, any banking/financial institution, and/or any service provider will or may charge to benefit from the Services and its payment modalities. These instructions are considered to be legally binding on the User and shall be considered as an integral part of these Terms and Conditions.

  1. Duration

Each User acknowledges and agrees that the Platform and the User’s right to access and use the Platform and benefit from the Services shall remain active for as long as the Platform is valid and active and the Services are available.

  1. Applicable Laws and Jurisdiction

These Terms and Conditions shall be governed by and construed in accordance with the laws of the Republic of Lebanon. Any Dispute arising out of or in connection with these Terms and Conditions shall be finally settled under the Rules of Arbitration of the Beirut Chamber of Commerce and Industry by one arbitrator appointed in accordance with the said Rules. The seat or place of arbitration shall be Beirut – Lebanon and the language of the arbitration shall be English. The arbitral award shall not be subject to any appeal. This clause is for the benefit of OMT only. As such, OMT may take (i) proceedings in any other forums and courts (including civil and criminal courts) and (ii) concurrent proceedings in any number of jurisdictions.

By using the Platform and the Services, you acknowledge that you have read and agreed to these Terms and Conditions. Failure to comply with these Terms and Conditions may result in suspension or termination of your access to the Platform and the Services (including services related OMT Card and OMT Wallet). These Terms and Conditions represent the entire agreement between the User and OMT regarding Platform and the Services (including services related OMT Card and OMT Wallet).