Terms of Use
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 maak Application (“App”) and the services made available by maak 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 “maak 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 wich constitutue a binding agreement between you and maak, 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 Oliv FinHub SAL known, as maak, and its respective affiliates (“We” or “Us” or “Our” or “maak”), a Lebanese licensed financial institution, registered in Lebanon before the Trade Registry of Beirut, under registration number 1025644, having its registered address at Beirut.
All financial services provided by the Platform, the Website or the Application are offered to and can be used by Individuals Users or Corporate Users, after completing a full registration and onboarding process through the Website or Application, and having their profile approved by maak.
Individuals Users and Corporate Users will be hereafter referred to as the “User”, “You”, “Your”, or “Yourself”.
2. SCOPE
2.1 These terms and conditions, the Privacy Policy, and any other terms and conditions that apply to the Account, collectively constitute a legally binding agreement between maak and the Account Holder (“Agreement”) and shall govern the use of the Account.
2.2 Any products or services mentioned on Our Website and provided through our mobile application ‘maak’ are subject to, and governed by, their own separate terms and conditions and contracts and Your eligibility for such products and services is subject to final determination and acceptance by Us. These Terms and Conditions do not override any such products and services terms and conditions and contracts
2.3 By using the Account and the Corporate Account Portal, accessing maak‘s website, and downloading any content on or through the website or the Corporate Account Portal, the Account Holder explicitly acknowledges that they have read, understood, and agreed to be bound by the Agreement. If the Account Holder disagrees with any terms of the Agreement, they should refrain from accessing or using the Account, the website, or the Corporate Account Portal.
3. ACCOUNT REGISTRATION
3.1 In order to be able to benefit from Our Services via the Site and App, You must register an account (a “maak Account”).
3.2 If you are an individual user: You must i) be aged eighteen (18) or above 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 maak 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;
3.3 If you are a Corporate User, You should notify Us, from time to time, with the names of Your Authorized Representative(s). By designating such Authorized Representative(s) you certify to Us that they have the powers to access your Account and make Transactions through the Services. maak shall consider that the Authorized Representative(s) are aware of the content of these Terms and Conditions and will abide by them. In case of death, termination or change of the appointment of the Authorized Representative, You should immediately (i) notify Us in writing of such incident, (ii) provide Us with the required legal documents relating to the new appointment of an Authorized Representative, (iii) undertake all required amendments on the Platform/Application/Website for replacing the Authorized Representative and (iv) take all necessary measures to preclude any Authorized Representative which appointment is terminated, from accessing Your Account (this include inter alias the change of the Your Access credentials,…etc).
3.4 Any request for registration will be subject to an e-KYC procedure;
3.5 By registering, You represent and warrant to Us that your use of the maak Platform does not violate any applicable Law applicable. You may register for the maak Platform if it is only legal to do so in your jurisdiction of residence;
3.6 You are solely responsible for the confidentiality and use of your password. You must: i) log of from your maak 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;
3.7 We have the right to disable any maak 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 maak Account is being used in an unauthorized or fraudulent manner;
4. THE SERVICES
This Agreement applies to Your use of the Services. Our Services enable users to cash out remittances sent to their maak account and via cash out partners. Transactions undertaken on Your Digital Wallet Account are subject to certain ceilings set out by maak in compliance with the competent banking authorities and applicable laws.
5. THE USE OF SERVICES
When You use the Services, You agree and undertake to comply with the following provisions:
5.1 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 maak.
5.2 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.
5.3 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.
5.4 You must ensure that your information on record with maak 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 maak or Our affiliate(s) is at all times accurate and complete.
5.5 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. USER ACKNOWLEDGMENTS
6.1 Your maak Account is an e-money account. You acknowledge that Your maak Account is not a bank account or deposit account nor do the maak Platform offers the features and benefits of a traditional bank account or deposit account. The funds are held by Us to You for your future use.
6.2 You acknowledge and agree that maak 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 maak Account or transaction conducted in connection therewith, or (d) needed to protect the security of Our systems. We may restrict access to your maak Account while We complete any pending investigation or resolve a pending dispute. We also may hold the funds in your maak 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 maak 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 maak Account. Amounts in your Current Balance exceeding the Available Balance may not be used for payments and transfers from your maak 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 maak Account. maak may decline any request to load your maak Account while the Recharge Limits are reached.
6.3 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.
6.4 Funding, payments and transfers are displayed in your maak 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.
6.5 The balance of funds held in Your maak Account cannot exceed the Account Limit.
7. ELECTRONIC SIGNATURE
The Password, the Username, the PIN, the Biometric Authentication, and the One-time Password sent via SMS to the validate phone number and any other means of identification and authentication We may introduce or apply to the Platform or to any Service (including without limitation Your signature to log in and use the Application/Website, to perform any Transaction, to declare source of funds, to submit/update KYC, and/or to submit any document, as the case may be,) acts as a signature. You agree that all Transactions carried out through the Services are validated, as the case may be, by these means in lieu of signature, said means shall be considered as a substitute for your signature and legally binding to you.
8. CLOSING YOUR MAAK ACCOUNT
8.1 As long as there is no pending or in progress transactions, You may close your maak Account at any time by contacting Us. You may not close your maak account to evade a payment investigation. If You attempt to close your maak 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 maak Account even after the maak Account is closed.
8.2 If your maak 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 maak 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 maak 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 maak Account, but We suggest that You withdraw your remaining funds as soon as possible. Your obligations with regards to keeping your maak Account safe as set forth in the Keeping your maak Account Safe paragraph above shall continue to apply.
8.3 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.
8.4 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 maak Account balance is zero, these Terms of Use will be automatically terminated.
9. FUNDING AND RECEIVING PAYMENT
9.1 Once You use Our Digital Wallet based offerings, You will be able to:
i. feed Your Digital Wallet Account with various funding methods that are allowed by maak in compliance with the competent banking authorities and applicable laws, among which:, , cash settlement through Partner-Network Agents, along with a possibility to receive foreign remittances in the future.
ii. pay for personal purchases and make payments at local merchant shops, who are part of the maak Merchant Network.
iii. send or receive funds, who must have been subject to a registration and onboarding process at maak’s Platform. Such payments are called Peer-to-Peer Transfers.
iv. You can invite friends and family to join the maak Platform, by registering and onboarding at maak Platform, and therefore be able to make and receive payments from them accordingly. Such payments will be subject to Your approval and the second-party’s approval.
v. cash out the funds available in Your maak Digital Wallet Account, through maak cash settlement via a Network-Partner Agent.
9.2 A notification is sent immediately to the You on the (Your mobile number) whenever You undertake a Transaction on Your Digital Wallet Account.
9.3 Transactions undertaken on Your Digital Wallet Account are subject to certain ceilings set out by maak in compliance with the competent banking authorities and applicable laws.
10. INTELLECTUAL PROPERTY
10.1 maak and all related logos, products and Services described in our Site and App are either trademarks or registered trademarks of maak 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 maak. You may not copy, imitate, modify or use them without Our prior written consent.
10.2 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.
11. CHANGES TO THESE TERMS AND SERVICES
maak 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 maak 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.
12. LIMITATION ON LIABILITY
12.1 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 maak Platform; or (b) any delay or failure in performance resulting from causes beyond maak’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.
12.2 You acknowledge that the Internet (particularly) and the electronic services (generally), are inherently insecure and that all data transfer, including electronic mail, occur openly and potentially can be monitored and read by others particularly by services providers.
12.3 We cannot and do not warrant that all data transfers utilizing the internet Services, or e-mail transmitted to and from Us, will not be monitored or read by others.
12.4 maak shall not be liable for any loss, claim, damage, liability or expense caused directly or indirectly by government, regulatory restrictions or regulations, service dealers, services providers, Partner Network Agent, suspension of facilities, war, strikes, equipment malfunction or other conditions or events (whether similar or dissimilar to the above) beyond Our control. maak shall not be obliged to take or refrain from taking any action which it becomes beyond its power.
13. INDEMNIFICATION
You hereby acknowledge and agree to indemnify, defend and hold harmless maak, and maak’s its employees, officers, directors, consultants, service providers, Partner Network agents, agents, affiliates, contractors, licensors, and partners from and against any and all third party claims, actions, liability, damages loss, charges, expenses, and/or costs (including, but not limited to, attorneys fees) whether or not arising from, directly or indirectly, or in connection with and including but not limited to the following: (a) Your access or use of the Services, (b) Our reliance on the information, instruction, license and/or authorization provided by You under or pursuant hereto, (c) Your infringement of the Accounts of any other User, (d) Your violation of any intellectual property or other right of any person or entity, (e) the unauthorized, fraudulent use of the Platform by You, and/or (f) Your breach and violation of these Terms and Conditions.
14. FEES AND CHARGES
14.1 We publish our fees and charges on Our Website and Application, and We encourage You to continuously keep checking them, as we may amend the fees and charges schedule without prior notice. You are responsible to remain informed of the fees and charges, and You acknowledge that no refund is accepted.
14.2 You acknowledge and agree to the fees and charges that are applicable to each type of Transaction, according to the list of fees and charges published on the Website and Application and applied by maak from time to time.
14.3 You undertake to pay Us (i) any taxes, duties and stamp duty due on these Terms and Conditions and the Transactions and (ii) any fees and charges that we charge for Your access or use of the Services or for Transactions or for optional services.
14.4 We may charge such fees as we may not. We may introduce new fees or change the fees that We charge for using the Services.
14.5 The service fees for any of the Services may be waived or discounted at the discretion of maak then reinstated. Such waiver or discount shall give You no vested rights.
15. INTELLECTUAL PROPERTY AND OWNERSHIP RIGHTS
15.1 The Website, Application, Platform, and all their content, without limitation, the text, graphics, links, products, services, material, information, algorithm, designs, logos, script and sounds; are intellectual property rights of maak and may not be downloaded, copied, reproduced, transmitted, stored, sold, published or redistributed in any way without the explicit prior written consent of maak. The Website, Application, Platform, and all their content are protected by copyright, and registered trademark, patent, trade secrets, and no permission or license is granted to use any such trademarks and service marks of maak.
15.2 By registering, onboarding and agreeing to the Terms and Conditions, maak grants its Users the right to access and use its Platform for personal but non-exclusive use, without any possibility to transfer the access to the Platform to any other person, during Our relationship with the User.
16. YOUR PERSONAL INFORMATION AND OUR PRIVACY POLICY
16.1 We collect Personal Information from You to be able to complete Your registration and onboarding process, and therefore be able to complete Transactions that You authorize. We are compliant with applicable requirements for ensuring the safeguard of Your Personal Information. Our privacy policy details how We collect, use and store Your data.
16.2 If You continue using and browsing our Website or Application, or if You register and onboard on Our Platform, You hereby acknowledge and agree to the privacy policy which is available on our Website and Application. We also encourage You to continuously check our Privacy Policy for any updates at any given time, without prior notice.
17. ENTIRE AGREEMENT
17.1 The Terms and Conditions constitute the entire Agreement between You and maak regarding their subject matter. The entire Agreement, or Terms and Conditions, do not constitute or create in any way a partnership, a joint venture or a co-ownership relationship between You and maak.
17.2 If maak fails or delays the exercise or the enforcement of any of its rights or provisions as stated in these Terms and Conditions, or any other right under applicable law shall in no way be considered or constitute a waiver of any of maak’s rights or provision.
18. AMENDMENT OF THESE TERMS AND CONDITIONS
18.1 We may at any time, and on a continuous basis, amend any or all these Terms and Conditions, and/or add, remove, otherwise change, end or suspend any of the Services available or the mode of operation or requirements or limits of the Services (the “Amendments”) without notifying you, at Our own and sole discretion.
18.2 Amendments will be effective immediately after We make them. All Amendments will be published on Our Website or Application. You acknowledge and agree to always be aware of any Amendment or update that eventually occur to Our Terms and Conditions, by continuously checking our Website or Application.
18.3 You may choose not to accept the Amendments by notifying us with a notice of termination of these Terms and Conditions, or You discontinue accessing or using the Services. Your use of the Services after the effective date of the Amendment will be evidence of Your acceptance of the Amendments.
19. GOVERNING LAW AND JURISDICTION
These Terms and Conditions shall be governed and construed in accordance with the laws of Lebanon. Any dispute or disagreement or complaint arising out of or in connection to the present Terms and Conditions that cannot be resolved amicably, shall be exclusively settled by the Courts of Beirut, except for the right of maak to initiate procedure before other courts in Lebanon or abroad.
20. CONTACT US
For any questions and inquiries, you may contact us at: +96181981039 or hello@maakapp.me