Terms & Conditions
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PLEASE READ
THESE TERMS OF USE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR
LEGAL RIGHTS, REMEDIES AND OBLIGATIONS.
These terms of use (the “Terms”) set
out the terms which apply to your use of and access to the website (the “Site”),
our Purpl Application (“App”) and the services made available by Purpl
S.A.L and its affiliates through the Site from time to time (the “Services”).
The Site, the App and the Services together
are hereafter referred to as (The “Purpl Platform”).
YOU ACKNOWLEDGE AND AGREE THAT, BY USING THE
SITE OR SERVICES OR BY DOWNLOADING OR POSTING ANY CONTENT FROM OR ON THE SITE
OR THROUGH THE SERVICES, OR BY PARTICIPATING IN THE REVIEW OF THE SERVICES, YOU
ARE INDICATING THAT YOU HAVE READ THESE TERMS, AND THAT YOU UNDERSTAND AND
AGREE TO BE BOUND BY THESE TERMS WHICH CONSTITUTUE A BINDING AGREEMENT BETWEEN
YOU AND PURPL, AND IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT
TO ACCESS OR USE THE SITE OR THE SERVICES. If you accept or agree to these
Terms on behalf of a company or other legal entity, you represent and warrant
that you have the authority to bind that company or other legal entity to these
Terms and, in such event, “you” and “your” will refer and apply to that company
or other legal entity.
1.
INFORMATION ABOUT US AND YOU
The Site and App are operated by PURPL S.A.L and
its respective affiliates (“We” or “Us” or “Our” or “Purpl”).
Purpl SAL is registered in Lebanon before the Commercial Register of Beirut
under number 1027513, with a capital of 50,040,501,000 LBP, and is authorized
by BDL to provide e-wallet services and electronic cross-border transfers (Central Bank of Lebanon Decision No 28/5/23 date 1/2/2023).
If You use the Purpl
Platform as an individual, any references to “You” in these Terms
shall be interpreted accordingly. If You use the Purpl Platform on behalf of,
or in your capacity as an employee or agent of, contractor, a corporate body,
association or partnership, any references to “You” in these terms
shall be interpreted as a reference to such corporate body, association or partnership
and you expressly warrant and represent that you are authorized to bind such corporate
body, association or partnership accordingly.
2.
ACCOUNT REGISTRATION
2.1
In order to be able to benefit from Our Services via the
Site and App, You must register an account (a “Purpl Account”).
2.2
In order to register a Purpl Account, You must i) be aged
eighteen (18) or over at the point of registration and must provide all the
information required on the registration form, including your full name, email,
scan copy of your identity card or passport, and password. The registration
process may require You to verify the email address that You have provided to Us.
ii) have not previously been suspended, removed or deactivated from the Purpl
Platform, iii) if You are 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 your obligations,
and grant the rights and authorizations in these Terms and Conditions. v) agree
to comply with any applicable Law in the relevant jurisdictions. Any request
for registration will be subject to an
e-KYC procedure.
2.3
By registering, You represent and warrant to Us that your
use of the Purpl Platform does not violate any applicable Law applicable. You
may register for the Purpl Platform if it is only legal to do so in your
jurisdiction of residence.
2.4
You are solely responsible for the confidentiality and
use of your password. You must: i) log off from your Purpl Account at the end
of each session on Our Site, and ii) notify Us immediately of any unauthorized
use of your password or any other breach of security.
2.5
We have the right to disable any Purpl Account, at any
time, if in our reasonable opinion You have failed to comply with any of the
provisions of these Terms of any applicable Law and/or if We believe that your Purpl
Account is being used in an unauthorized or fraudulent manner.
2.6
You are required to have an eligible device in order to
use the Service. We, at Our own discretion, shall determine which devices are
eligible to be used with the Service and shall provide You with a list of such
devices or types thereof on request by You in the event you encounter an issue.
Devices that have been unlocked in an unauthorized fashion or otherwise
modified may not be eligible to use the Services. You are responsible for
ensuring you maintain access to all devices and accounts (such as your
registered email account and Your Account) as necessary to receive
communications from Us in relation to the Services.
3.
THE SERVICES
3.1
This Agreement applies to Your use of the Services.
3.2
We
may appoint agents authorized to provide specific services related to your
Purpl Account, such as topping up your account or processing withdrawals. We
may also partner with designated banks to facilitate services such as ATM
withdrawals or account top-ups. The lists of our Appointed Agents and Partner
Banks are available on the Purpl App or our website. We reserve the right to
amend the lists at our discretion.
3.4
Our Services enable users to make Person-to-Person (P2P) Transfers
3.4.1
Purpl
Wallet enables Users to transfer funds:
–
From
one Purpl Wallet to another within the app.
–
From
a Purpl Wallet to any Lebanese mobile number.
3.4.2
P2P
services are available only to registered Purpl Wallet users who meet the app’s
verification requirements
3.4.3
Transfers
to another wallet or a Lebanese number are processed instantly unless
interrupted by network or service disruptions.
3.4.4
Transfers
to a Lebanese number require the recipient to register with Purpl Wallet to
claim the funds; funds that are not claimed within 14 days will automatically
return to the sender.P2P transfers are deemed final once they have been accepted
by the Receiver.
3.5
Our Services enable users to Pay by Link
3.5.1
Pay
by Link enables users to make payments by accessing a secure payment link
provided by merchants or service providers via the Purpl Wallet platform
3.5.2
Users
must ensure that the payment link is from a trusted source. Payment links
expire after a specified period, as determined by the merchant or Purpl
Wallet’s policy.
3.5.3
Payments
made via Pay by Link are processed through the BLF payment gateway. Successful
payment confirmation will be communicated to both the User and the merchant in
real time.
3.6
Our
Services enable users to Top-Up by Card Using Banque Libano-Française (BLF)
Payment Gateway
3.6.1
Users
can top up their Purpl Wallet balance using local or international cards via
the payment gateway provided by Banque Libano-Française (BLF).
3.6.2
Only
Cards issued by recognized financial institutions and compliant with Lebanese
regulations will be accepted.
3.6.3
Top-up
transactions are processed in real time; however, delays may occur depending on
bank or network conditions. The amount will be credited to the wallet once the
payment is confirmed by BLF.
3.6 Evouchers
You may use your Purpl Account to purchase
Evouchers provided by a third-party provider and listed in the Purpl App. We
reserve the right to add or remove Evouchers from this list at any time.
3.7 Merchant Payments
You can use your Purpl Account to pay
merchants, either directly or through intermediaries, via the Purpl App.
Payments can be made online or at physical points of sale by scanning QR codes.
4.
DEFINED TERMS
The following
defined terms appear in this Agreement:
“Account” means the account You open with Purpl for the
use of the Service.
“Application” means internet or mobile-based services and
applications.
“Available
Balance” means the amount labelled
as such on the App reflecting the total amounts transferred to Your Account
within the Recharge Limit, and is the balance of funds you can use from Your
Account in accordance with this Agreement.
“Business Day” means any day other than a Saturday, Sunday,
or public holiday in Lebanon.
“Cash-In” shall refer to the process of receiving USD
funds to the Account.
“Cash-Out” shall refer to the process of withdrawal of USD
funds from the Account.
“Cash-Out Partner” shall refer to any authorized financial
institution or entity that will allow Cash-Out transactions in USD.
“Credentials” means Your password and access keys.
“Current
Balance” means the amount labelled
as such on the App reflecting the sum of Your Available Balance and any other
amounts transferred to your Account exceeding the Recharge Limit.
“Cut Off Time” means the last time for making or receiving
payments under the relevant payment scheme.
“E-voucher” means digital vouchers provided by a third-party
provider and listed in Purpl App, that can be redeemed for specific products,
services, or discounts through Purpl platform.
“Key Facts
Statement” means a
summary document outlining the essential terms, fees, limits, and key features
associated with the services and transactions conducted through the Purpl
Platform.
“Policies” means all applicable policies, notices,
procedures, specifications, guides and guidelines that are provided or made
available to You, appear on the Apps or are referenced in this Agreement.
“Purpl
Materials” means any
software (including without limitation developer tools, sample source code, and
code libraries), data, materials, content and printed and electronic
documentation (including the Specifications and any integration guides)
developed and provided by Us to You for download from the App. Purpl Materials
do not include any software, data or other materials specifically made
available by Us under separate license terms or that were created by a third
party, including without limitation software provided under an open source
license.
“Recharge Limit(s)” means the limits of funds that You can
transfer in a period of time to Your Available Balance, as set by Purpl from
time to time, in Your Account, including but not limited to recharge transfers,
reversals and any other forms of transfers into Your Account.
“Remittance
Partner” means
international regulated entities that will allow for a sender to send funds (in
any supported currencies on said platform) to You to then Cash In in USD
through Purpl and Cash-Out Partner
“Services” means the services We provide under these
terms of Use and as described in Clause 3.
“Supplemental
Account” means a sub-Account that
you may request subject to the availability of the Service.
“Top-up”
means the process of adding funds to the Purpl Wallet balance through approved
payment methods to enable transactions and services on the platform.
“Transaction”:
means the buying of commodities, obtaining of services or cash withdrawing,
returned or reversed transactions.
5.
THE USE OF SERVICES
When You use
the Services, You agree and undertake to comply with the following provisions:
During the use of the Services, all activities
You carry out should comply with the requirements of applicable Laws and
regulations, these terms, and various guidelines of Purpl.
Your use of Services should not violate public
interests, public morals, or the legitimate interests of others, including any
actions that would interfere with, disrupt, negatively affect, or prohibit
other Users from using the Services.
We treat all activities in respect of an
Account to be yours. You must only use the Services to transact on Your own
account and not on behalf of any other person or entity. All activities under a
Supplemental Account shall be considered as activities of the Account.
You must ensure that your information on
record with Purpl is always accurate and up to date and We shall not be liable
for any loss arising out of your failure to do so. We may ask You at any time to confirm the
accuracy of your information or to provide documents or other evidence verifying
such information. You represent and warrant to us that any information provided
or made available by You to Purpl or Our affiliate(s) is at all times accurate
and complete.
We may contact You by e-mail or in any other
ways, with information and notices regarding your use of the Services. It is your
responsibility to regularly check your e-mail account or other methods of
communication that You have registered with Us and to promptly retrieve and
read Our communications relating to your use of the Services. We shall not be
liable for any loss arising out of your failure to do so. You will be liable
for any loss that directly results from any failure to submit, or notify Us of
a change in, your contact details in accordance with these Terms of Use.
6.
PURPL ACCOUNT
6.1
Your Purpl Account will enable You to:
–
receive international transfers via our remittance
partners;
–
carry out Cash-Out transaction at any Cash-Out Partners
available on the app
–
request funds from your contacts;
–
invite your contacts to join Purpl
6.2
You may not use, or attempt to use, Your Purpl Account for
any other purpose.
6.3
Your Purpl Account is an e-money account. You acknowledge
that Your Purpl Account is not a bank account or deposit account nor do the Purpl
Platform offers the features and benefits of a traditional bank account or
deposit account. There is no overdraft facility available on your Purpl Account
and We do not pay interest to You. The funds are held by Us on behalf of You
for your future use.
6.4
You acknowledge and agree that Purpl may establish
general practices and limits concerning the use of the Services without prior
notice to You, including without limitation individual or aggregate transaction
limits on the value or number of transactions during any specified time
period(s) and Recharge Limits. In addition to any applicable account limits and
Recharge Limits, We may restrict transactions to or from your Account or limit
access to your wallet in such amounts and for such time as We reasonably deem
necessary to protect Us or other users if (a) We are subject to financial risk (b)
You have violated any term of this Agreement, (c) any dispute exists involving your
Purpl Account or transaction conducted in connection therewith, or (d) needed
to protect the security of Our systems. We may restrict access to your Purpl
Account while We complete any pending investigation or resolve a pending
dispute. We also may hold the funds in your Purpl Account as required by law or
court order or if otherwise requested by law enforcement or any governmental
entity. For the facilitation of the foregoing, your Purpl Account will show the
Current Balance and the Available Balance. You will only be able to use funds
showing in your Available Balance for payments and transfers from your Purpl Account.
Amounts in your Current Balance exceeding the Available Balance may not be used
for payments and transfers from your Purpl Account and they will automatically
and gradually be transferred to your Available Balance as soon as the Recharge
Limit(s) permit doing so, otherwise, You may request the transfer of the full
Current Balance to a bank account You own upon the closing of your Purpl Account.
Purpl may decline any request to load your Purpl Account while the Recharge
Limits are reached.
6.5
We may refuse to execute any transactions or orders or
other use of the Services if We have reasonable grounds to suspect fraud, a
breach by You of the present Terms of Use or a violation of law. Transactions
may also be delayed due to Our or a third party’s compliance with its
obligations under applicable anti-money laundering legislation, including if We
or the relevant third party suspect the transaction involves fraud. In the
event that We refuse to execute a transaction or order or other use of the Services,
You will be notified and We will provide You with objectively justifiable
reasons for the refusal, unless it is unlawful for Us to do so, or would
compromise reasonable security measures.
6.6
Funding, payments and transfers are displayed in your
Purpl Account and You should check your wallet balance and transaction history
regularly. You should report any irregularities or clarify any questions You
have as soon as possible.
6.7
We will
provide you with monthly electronic statements of your Purpl Account. These
statements will include all transactions, fees, and charges incurred during the
period. You must review each statement carefully and notify us immediately of
any errors.
6.8
The balance of funds held in Your Purpl Account cannot
exceed the Account Limit.
7.
KEEPING YOUR ACCOUNT SAFE
7.1
You
are responsible for ensuring the utmost security and integrity of Your Account
and take all reasonable precautions to prevent unauthorized or fraudulent use
of them. This includes diligently safeguarding your security details associated
with your Account and securing the Device used to access the Account.
7.2
You must take all reasonable steps to keep your Purpl
Account password safe at all times and never disclose it to anyone. Our
representatives will never ask You to provide your password to Us or to a third
party. Any message You receive or website You visit that asks for your
password, should be reported to Us. It is advisable to change your password
regularly in order to reduce the risk of a security breach. We also advise You
not to choose a password that is easily determined from information someone may
know or gather about You.
7.3
You
must take all reasonable care to ensure that your e-mail account(s) are secure
and only accessed by You, as your e-mail address is one of the ways used to
reset passwords or to communicate with You about the security of your Purpl
Account. To the extent the security of the email account used to register for
the Purpl Platform has been compromised, We shall not be liable for any funds
lost, or any unauthorized payments made, as a result of such compromise. If the
e-mail addresses registered with your Purpl Account is compromised, You should
immediately contact Us.
7.4
If You have any indication or suspicion of you Purpl
Account, login details, password, or other security feature being lost, stolen,
misappropriated, used without authorization or otherwise compromised, You must
immediately change your password, and contact Us. Any delay in or failure to
notify Us may not only affect the security of your Purpl Account but may result
in You being able for any losses as a result. You must promptly report to Us
any unauthorized transaction and/or any account issues.
7.5
We
may suspend your Purpl Account or otherwise restrict its functionality, in Our sole
discretion, on grounds relating to the security of the Purpl Account or any of
its security features or if We suspect that an unauthorized or fraudulent use
of your Purpl Account has occurred or that any of its security features have
been compromised. We will lift the suspension and/or the restriction as soon as
practicable after the circumstances for the suspension and/or restriction have
ceased to exist.
7.6
Only
the individual or entities named in Our records and their authorized agents are
authorized to use the Services. You may not appoint or authorize additional
persons or entities to use the Services without Our prior written consent. YOU
ASSUME THE ENTIRE RISK FOR THE FRAUDULENT, UNAUTHORIZED OR OTHERWISE IMPROPER
USE OF YOUR PURPL ACCOUNT AND PASSWORD. WE SHALL BE ENTITLED TO RELY ON THE
GENUINENESS AND AUTHORITY OF ALL INSTRUCTIONS RECEIVED BY US THROUGH YOUR PURPL
ACCOUNT WHEN ACCOMPANIED BY SUCH PASSWORD, AND TO ACT ON SUCH INSTRUCTIONS.
8.
TERMINATION, SUSPENSION, AND ACCOUNT CLOSURE
8.1
Termination
by Purpl
Purpl reserves the right to
terminate or suspend your access to the Purpl Platform or any of its services
at any time, with or without notice, if you are found to be in breach of these Terms,
if suspicious or fraudulent activity is detected, or for any other reason
deemed necessary by Purpl
8.2
Account
Closure by You
As long as there is no pending or in
progress transactions, You may close your Purpl Account at any time by
contacting Us. You may not close your Purpl account to evade a payment
investigation. If You attempt to close your Purpl account while We are
conducting an investigation, We may hold your funds for up to 90 days to
protect Us or a third party against the risk of reversals, claims, fees, fines,
penalties and Purpl Account even after the Purpl Account is closed.
8.3
If your
Purpl Account holds a balance at the time of its closure, We will ask You to
withdraw your funds within a reasonable period of time, during which your Purpl
Account will be accessible for the purpose of withdrawing the remaining balance
only. After the expiry of this period You will not be able to access your Purpl
Account but You may withdraw any remaining funds by contacting Us and
requesting that the funds be sent to You in a manner that is reasonably
acceptable for Us. You may continue to withdraw remaining funds for a period of
90 days, or such later period subject to applicable Law, from the date of
closure of your Purpl Account, but We suggest that You withdraw your remaining
funds as soon as possible. Your obligations with regards to keeping your Purpl Account
safe as set forth in the Keeping your Purpl Account Safe paragraph above shall
continue to apply.
8.4
We
reserve the right to carry out any necessary checks relating to money
laundering, terrorism financing, fraud or other illegal activity before
authorizing any withdrawal of your funds, including in relation to returning
any funds to You after You have closed your Account.
8.5
Once your
Account is closed (whether by Us in accordance with these Terms of Use or by You)
and all funds have been withdrawn or your Purpl Account balance is zero, these
Terms of Use will be automatically terminated.
8.6
Consequences of
Termination or Suspension
Upon termination or suspension of your account, all pending
transactions may be canceled, and access to your account and associated
services will be restricted. Purpl is not liable for any losses or damages
incurred as a result of account termination or suspension.
9. FUNDING AND
RECEIVING PAYMENT
9.1
Funds
paid by You or a third party will be credited to your Purpl Account on the
Business Day they are received. If We receive funds after the Cut Off Time on a
Business Day or on a day that is not a Business Day, funds will be deemed to
have been received on the next Business Day, apart from transfers from other
Purpl wallet accounts, other partner wallets and remittances done via
remittance partner platforms where funds are credited instantly. We shall not
be responsible for the funds until they are received by Us.
9.2
In
the event that the funds are subject to a reversal, We will deduct such
reversed transaction from the balance of your Purpl Account. If your Account
balance is insufficient to cover the reversal, We reserve the right to require
repayment from You.
9.3
You
should regularly reconcile incoming payments with your own records. You should
be aware that the crediting of funds to your Purpl Account does not mean that
these transactions cannot be reversed. We reserve the right to reverse a
payment where the payer or the payer’s bank or payment service provider has
reversed (or is reasonably likely to reverse) a payment to your Purpl Account.
9.4
All
payments to Us from third party sources (such as banks) must be ascribed a
clear and complete reference so that We can credit the funds into your Purpl Account.
The App will state your unique reference that should be used to ensure the
funds are promptly credited to your Purpl Account.
9.5
It is
your responsibility to ensure that accurate, complete and correct references
are ascribed for each incoming payment so that We can credit the funds into your
Purpl Account. If no reference or an incorrect reference or any required
information is missing or incorrect in relation to the payment transaction,
then We may: (i) attempt to identify the destination account through other
means available to Us; or (ii) reject the payment transaction and not credit your
Purpl Account; or (iii) seek to obtain the missing or corrected information
from the payer’s payment service provider before crediting your Purpl Account;
or (iv) on a risk-sensitive approach, request the required information from the
payer’s payment service provider after crediting your Purpl Account. In such
cases, We will not be liable for any loss You incur, although We will use
reasonable efforts to investigate and credit or return incorrect and
inaccurately referenced payments into or from your Purpl Account.
9.6
We
will provide You, after the execution of a payment credited to You, with the
following information upon request: (i) a reference to enable You to identify
the payment transaction and where appropriate the payer and any information
transferred with the payment transaction; (ii) the amount of the payment
transaction in the currency in which the funds are at your disposal; (iii) the
amount of fees or charges for the payment transaction payable by You; (iv) the
exchange rate used in the payment transaction by Us; and (v) the date on which
the payment transaction was credited to your Purpl Account.
10. CASH IN AND
CASH OUT
10.1
You
may Cash-In USD value into your Account through (a) transfer from Remittance Partner
instructed by your sender.
10.2
You
may Cash-Out in USD through any Cash-Out Partners, based on minimum and maximum
cash-out amounts as may be imposed by Purpl or by the Cash-Out Partners.
10.3
All
transactions and services performed through the Purpl Platform are subject to
specific limits, including daily and/or monthly transaction caps. These limits
are determined by Us based on regulatory requirements and account verification
status and are outlined in the relevant Key Facts Statement provided to You.
10.4
You
can find our Cash-Out Partners (and their location) on the Purpl App.
10.5
You
acknowledge that each Cash-Out Partner is subject to their owns terms and
conditions of engagement and We will not be liable for any breach that You
committed of such terms and conditions. You also acknowledge that in some
Cash-Out Partners You might not be able to Cash-Out from the Account and We
invite You to select another Cash-Out Partner in order to Cash-Out the cash. In
case You are unable to Cash-Out the cash from the Account, Our sole liability
will be to return the funds to the Remittance Partner and sender should You not
be able to Cash-Out in time.
11.
FEES, CHARGES, AND COMMISSIONS
11.1
Applicable
Fees
11.1.1
You
agree to pay any fees, charges, and commissions associated with the services
and transactions conducted through the Purpl Platform. These fees are outlined
in the relevant Key Facts Statement provided to you in the Application.
11.1.2
Any
applicable fees for P2P transfers and Pay by Link transactions will be
transparently communicated to you before completing the transfer or confirming
the payment, respectively.
11.1.3
Processing
fees may apply to top-up transactions. Any applicable fees will be displayed
before you confirm the transaction.
11.2
Amendments
to Fees
Purpl reserves the right to amend
the fees, charges, and commissions applicable to your Purpl Account and
services at any time. Any changes will be communicated to You via the Purpl
Platform or through other appropriate channels.
11.3
Deduction
of Fees
All applicable fees, charges, and
commissions will be automatically deducted from your Purpl Account balance. It
is your responsibility to ensure sufficient funds are available in your account
to cover these charges.
12.
RETURNS
AND REFUNDS
Once
a payment is made through the Purpl Platform to a merchant, Evoucher provider,
or any third party, Purpl is not responsible for any returns, refunds,
exchanges, or credits. These matters must be resolved directly between You and
the merchant or the Evoucher provider. You are responsible for carefully
reviewing and assessing all transactions before completing them. Purpl is not
liable for any disputes arising from transactions with merchants, Evoucher
provider, or other third parties.
This
return and refund policy applies to all products and services purchased from
third parties through the Purpl Platform.
Top-up
transactions are non-refundable, except in cases of a technical error caused by
Purpl Wallet or the BLF payment gateway.
13.
INTELLECTUAL PROPERTY
Purpl and all related logos,
products and Services described in our Site and App are either trademarks or
registered trademarks of Purpl or its licensors. You may not copy, imitate,
modify or use them without Our prior written consent. In addition, all page
headers, custom graphics, button icons, and scripts are service marks,
trademarks, and/or trade dress of Purpl. You may not copy, imitate,
modify or use them without Our prior written consent.
Subject to the terms and
conditions of these Terms and Conditions, including payment of all fees, We
hereby grants You a personal, limited, non-exclusive, nontransferable license
to access and use the software that enables the Services, together with any
updates, bug fixes, help content, and other related materials that We provide
to You during the term of these Terms of Use.
14. CHANGES TO THESE TERMS AND SERVICES.
Purpl reserves the right, at its
sole discretion, to modify these Terms, at any time and without prior notice.
If We modify these Terms, We will post the modification on the Purpl Platform
or provide You with notice of the modification. By continuing to access or use
the Site and Services after We have modified the Terms, You are indicating that
You agree to be bound by the modified Terms. If the modified Terms are not
acceptable to You, your only recourse is to cease using the Site and Services.
We encourage You to periodically review the Terms to stay informed of Our
updates.
15.
DISCLAIMER
OF LIABILITY
GENERAL
DISCLAIMER
We shall not be
liable for damages, liability or losses of any kind, including but not limited
to, any direct or indirect, incidental, special, exemplary, punitive or
consequential damages, lost profits, lost data, or property damage related to,
in connection with, or otherwise resulting from, even if We have been advised
of the possibility of such damages: (a) Your use or inability to access or use the Purpl Platform;
or (b) any delay or failure in performance resulting from causes beyond Purpl’s
reasonable control including but not limited to acts of nature and power,
internet, and email discontinuity, (c) disclosure of, unauthorized access to or
alteration of your content; (d) any harm to You caused in whole or part by a
third party, including but not limited to another user of Our Platform; (e)
refusal of any cash out partners and the like to allow, accept or honor any
request for cash withdrawal or in case the transaction is not authorized for
any reason whatsoever.
We make no
warranty, express or implied, regarding the Service. The Service is offered on
an “AS IS”, “AS AVAILABLE” basis without warranties of any kind, other than
warranties that are incapable of exclusion, waiver or limitation under the laws
applicable to this Agreement.
Purpl does not
assume responsibility for any products, services, content, websites,
advertisements, offers, or information provided by third parties and made
available to You through the Purpl Platform. If You choose to engage with third-party
products or services, You do so at your own risk, and Purpl holds no liability
for any issues arising from such engagements.
The Purpl
Platform may contain links to third-party websites for your convenience. Purpl
does not control these websites and is not responsible for their content,
policies, or practices. Your use of third-party websites is subject to the
terms and conditions of those sites, and Purpl is not liable for any damage or
loss caused by your use of or reliance on third-party websites.
As for the Pay
by Link service, Purpl’s liability is limited to processing the payment based
on the details provided by the User and the Merchant.
Purpl shall not
be liable for errors resulting from incorrect recipient information provided by
the User. The User is responsible for verifying recipient details before initiating
the transfer.
You understand
and accept the risks associated with using electronic means to communicate
sensitive financial information, including the potential for interception,
monitoring, or alteration by unauthorized parties. Purpl is not responsible for
losses resulting from such risks.
16.
INDEMNIFICATION
You agree to
indemnify and hold harmless Purpl operators, their affiliates, contractors,
licensors, and their respective directors, officers, employees and agents from
and against any claims, actions, proceedings, investigations, demands, suits,
costs, expenses and damages arising out of or related to (i) your use of, or
conduct in connection with the Services, (ii) your breach or Our enforcement of
these Terms, or (iii) your violation of any applicable law, regulation, or
rights of any third party during your use of the Services. If You are obligated
to indemnify Us, Our affiliates, contractors, licensors, and Our respective
directors, officers, employees or agents pursuant to these Terms of Use, We will
have the right, in Our sole discretion, to control any action or proceeding and
to determine whether We wish to settle, and if so, on what terms.
17.
FEEDBACK, QUERIES, AND COMPLAINTS
If You have any feedback, questions or complaints,
contact Us. If You would like to make a complaint, please clearly indicate that
You wish to make a complaint. This helps us to distinguish a complaint from a
typical query. We may send an acknowledgement of your complaint or request
additional information from You regarding your complaint.
18.
ENTIRE AGREEMENT
These
Terms of Use constitute the entire agreement between You and Us relating to your use of
Our Site and supersede all prior agreements, understandings or arrangements (both oral and written), in relation to our Site and Services.
19.
WAIVER
Any failure on Our part to exercise any of Our
right, power, privilege, or remedy under this Terms shall not constitute a
waiver of such rights, unless We made such waiver specifically in writing.
20.
SEVERABILITY
In the event that any of the provisions, or
portions or applications thereof, of this Terms are held to be unenforceable or
invalid by any court or arbitration panel of competent jurisdiction, it shall
be enforced with a view towards effecting the purpose of this Terms and the
validity and enforceability of the remaining provisions, or portions or
applications thereof, shall not be affected thereby.
21.
FORCE MAJEURE
For the purposes of this Terms, the term “Force
Majeure Event” shall mean any event or circumstance beyond Our reasonable
control, including but not limited to fire or other casualty, earthquake,
flood, inclement weather, explosion, pandemic, acts of God or the public enemy,
any action, inaction, delay or interference by governmental authorities (including,
without limitation, delays in reopening campuses, limitations in methods of
delivery of instruction or other impediments imposed by global pandemic e.g.,
COVID-19), war, invasion, insurrection, rebellion, terrorism, riots, strikes or
lockouts, acts or omissions of contractors or any other occurrences beyond our
reasonable affecting Our normal operations and related services.
In the case of a Force Majeure Event, We will
not be held liable for any delay or failure to perform our obligations under
this Terms.
22.
GOVERNING LAW JURISDICTION
AND DISPUTE RESOLUTION
22.1
These
Terms shall be governed by, construed and take effect in accordance with the laws of Lebanon.
22.2
Any dispute
regarding transactions or account balances must be reported to Us within 15
days from the statement date. Failure to do so will result in the statement
being considered correct and accepted by You.
22.3
Any dispute related to the goods and services purchased through
the use of Pay by Link service should be addressed directly with the merchant.
22.4
All disputes arising in connection
with these Terms of Use shall be finally settled under the Rules of
Conciliation and Arbitration at the Beirut Chamber of Commerce and Industry by
one arbitrator appointed in accordance with the said rules. The contracting
parties declare accepting the provisions of the said rules and undertake to
abide by them. The seat of the arbitration shall be
in Beirut, Lebanon, and the language of the arbitration shall be English.
23.
CONTACT
US
Purpl welcomes your questions or comments regarding the Terms:
E-mail: info@purplme.com
in Lebanon