Online Transfers Terms & Conditions
The following Terms & Conditions (“T&C”) govern the Money Applications Services offered by Lulu International Exchange L.L.C (Lulu, Lulu Exchange, we, us, our, ours, including all grammatical variations) through its authorized Partners in the territory of United Arab Emirates for residents of the country.
1. Definitions
Account:
Means the Money Application Account created by the Customer on the Money Application app in order to avail the Money Application Services.
Alerts:
Means the customized alert messages Lulu/Partner sent to Customer Device provided to Partner/Lulu and appearing on Lulu and Partner’s records.
Business Day:
Means a day on which Lulu/Partner is open for business in United Arab Emirates.
Customer
Including all grammatical variations means an individual who maintains an Account and is authorized to conduct Transactions via Money Application Services.
Instruction(s):
Means the electronic instructions Customer initiated remotely and electronically transmitted via Customer Device to Lulu Exchange.
Lulu/Lulu
Exchange:
Means Lulu International Exchange L.L.C and its branches, successors and legal assigns.
Money
Application
Services:
Means the money remittance services available online on Money Application
Money
Application:
Means indirectly through Lulu’s partners/third parties website, online portals and mobile applications made available on iOS app store and Android play store to be downloaded for the provision of Lulu Exchange’s Services, transactions details, initiating funds transfer instructions and other services as may be made available to Customer by Lulu Exchange and its partners or/and its third parties from time to time in each case through Customer owned Device.
One Time
Password:
Means the 6-digit number sent to Customer Device for security purposes in order to register and continue using Money Application.
Partner
Means a partner or third Party who is authorized by Lulu Exchange to provide Money Applications Services offered by Lulu Exchange in the territory of United Arab Emirates for residents of the country.
Payment
Gateway
Means a service provided by an e-commerce application/ payment service provider that authorizes credit and/or debit card or direct payments processing for electronic businesses. Money Application utilizes the services of, but not limited to, Central Bank Payment Gateway, Etisalat Payment Gateway and Mastercard Payment Gateway.
Push
Notifications:
Means the customized messages Lulu/Partner sends due to specific events and/or transactions relating to Customer Account such as push notifications, notices, products, updates, general greetings.
Remittances:
Means fund transfers from Customer bank account to any beneficiary account maintained with another Bank.
Security
Codes:
Means all passwords, activation keys and other codes as may be prescribed by Lulu Exchange from time to time.
Security
Tools:
Means Customer User ID, Password, One Time Pin, face id and any other means of security Lulu Exchange accredited from time to time to allow Customer to get access to the Money Application Services.
Service
Provider
Means Lulu Exchange and Partner
Transaction(s):
Means any instructions initiated by Customer, using Customer Account on Money Application.
Website:
Means Lulu Exchange’s website, www.luluexchange.com and www.lulumoney.com/
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2. Interpretation
a. Words and text not defined in the Money Application Terms and Conditions shall have the meaning as defined under the General T&C’s.
3. Scope
a. The Money Application Services will only be available for a Device running either on Apple or Android operating systems and data connections which meet the required specifications and configurations. Customer agree to procure and maintain a Device and data connection which meets these requirements at Customer own expense.
b. The guidance on the operation of the Money Application Services will be made available to Customer. Customer must follow all relevant guidance whenever Customer operate the Money Application Services. In case there are changes to the way Customer should operate the Money Application Services; Customer will be notified about such changes.
c. Service Provider may post alerts on its Website and it is Customer responsibility to check any updates or changes. Customer accept that in the future, Service Provider may send Push Notifications from time to time, add, delete, and/or modify the Push Notifications based on Customer requests.
d. The Money Application Services will be available 7 days a week, 24 hours a day but there is no warranty that the same will be available at all times and shall be subject to any downtime due to unforeseen circumstances and scheduled maintenance.
e. Instructions received after Service Provider’s normal working hours will be processed on the next Business Day. Customer agree that Service Provider shall be entitled at any time, at its sole discretion and without prior notice, to temporarily suspend the operation of the Money Application Services for updates, maintenance and upgrading purposes without any liability from its end.
4. Acceptance
a. By registering on, accessing, browsing, downloading, creating the Account or using the Money Application for any general purpose or for the specific purpose of availing any Money Application Services: (i) Customer automatically and immediately agree to all the T&Cs to be bound by these terms and conditions set forth below or as amended from time to time as well as by the service-specific terms and conditions applicable to each Money Application Services (hereinafter collectively, the T&Cs). (ii) If at any time Customer do not accept or agree with any of the T&Cs or do not wish to be bound by the T&Cs, Customer may not access, browse or use the Money Application and immediately terminate Customer availing the Money Application Services by deleting or deactivating the Account. b. Customer acknowledge that accepting or agreeing to the T&Cs constitute a legal contract (hereinafter Agreement) between Customer, a 21 years of age individual user of the Money Application and Service Provider. c. All services are rendered by Service Provider through the Money Application under the brand name “Lulu International Exchange” (or any derivatives or variations thereof).
d. Consequently, all the rights, benefits, liabilities and obligations under the T&Cs shall, as the case may be, accrue to the benefit of, or incurred by, Service Providers, regarding Customer use of Service Provider’s Money Application Services, digital services (which includes but may not be limited to money remittance services), any services which may be added on the Money Application and which will henceforth be a Money Application
Service, from time to time. The Money Application Services shall be used by Customer subject to Customer adherence with the T&Cs.
e. On condition that Customer accept and comply with these T&Cs, Service Provider grants Customer a personal, non-exclusive, non-transferable, limited, revocable privilege to enter and use the Money Application and/or avail the Money Application Services.
5. Eligibility
a. To be eligible to render Money Application Services Customer should not:
i. Be a person under the age of 21 years
ii. Impersonate any person or falsely state or otherwise misrepresent Customer identity, age, source of fund or affiliation with any person or entity.
iii. Render the service on behalf of a third party nor use other person or entity funds iv. A person previously suspended or removed by Service Provider from availing the Lulu Exchange Services or accessing Money Application.
v. Corporates, business houses or any other entity other than a natural person.
vi. Use the service for the purposes of routing any corporate or business transactions. b. By accepting the T&Cs or by otherwise using the Money Application Services on the Money Application Mobile App, Customer represent that Customer do not fall under the mentioned in 5(a) above and that Customer is a
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natural person intending to use the Money Application solely in capacity as a natural person and on Customer own behalf.
c. In addition, Customer represent and warrant that Customer has the right, authority and capacity to enter into an agreement and to abide by all the T&Cs as part of Customer agreement with Lulu Exchange. d. In the event of any violation of the T&Cs, Service Provider reserves the right to suspend or permanently prevent Customer from availing Money Application Services or using the Money Application Mobile App.
6. Security and Access Procedures
a. Service Provider will issue the Security Codes for Customer to access Money Application and Money Application Services. Service Providers may also issue separate requirements, restrictions, instructions, activation and access procedures, or any additional conditions pertaining to the access and use of the Money Application Services, Money Application, the Security Codes or for performance of the Transactions (“Procedures”). Customer agrees and undertakes to be bound by and to comply with all of the Procedures that Service Provider may issue from time to time.
b. Customer must secure Money Application installed on Customer Device with a password. All such passwords and the Security Codes must be kept strictly confidential and must not be disclosed to anyone else. c. Customer must not permit any person to access Customer Device in such a manner that such person may access Money Application, Security Codes or the Money Application Service.
d. In the event that Customer loses possession or control of Customer Device in which Money Application and/or the Security Codes are installed, Customer must immediately notify and instruct Service Provider in order to restrict the Money Application Services on Customer’s lost device.
e. Until and unless Customer notify Service Provider, all Instructions received by Service Provider which are associated with Customer Security Code shall be deemed correct, valid and issued by Customer. Service Provider shall be entitled to rely on such Instructions, whether they actually originated from Customer or purportedly originated from Customer. Customer accept that all erroneous or inadvertent messages received and processed are Customer’s responsibility.
f. Customer agree to indemnify Service Provider against any and all liabilities, losses, claims and damages arising as a result of Customer’s negligence, breach or non-compliance with the provisions of these T&C’s or as a result of Customer losing his Device and/or Security Codes.
g. Customer will receive a SMS message that will confirm the receipt of the funds.
7. Use of Money Application
Customer shall always comply with the following and hereby agree:
a. Not to use Money Application for any purpose other than to access Customer own Account, perform Transactions using the Money Application Services.
b. Not to permit or enable any person to access Money Application or leave Customer Device unattended in such a manner as to enable others to access Money Application.
c. Not to reproduce, modify or reverse engineer, modify, decompile Money Application or permit any other person to do so.
d. Not to permit any person to access the Security Codes.
e. Acknowledge that the Money Application Services and all associated software are either owned, proprietary or licensed to Service Provider.
8. Prohibited Conduct
By accessing or using Money Application or by availing Money Application Services, Customer agree not to: a. violate the T&Cs;
b. impersonate any person or entity, falsely claim or otherwise misrepresent Customer affiliation with any person or entity, or access the accounts of others with or without permission, perform any fraudulent activity or otherwise avail Money Application Services with what we reasonably believe to be potentially fraudulent funds;
c. use or access Money Application or any Money Application Service, to facilitate or support any act or omission by any party, that violates these T&Cs or any laws in any jurisdiction, including but not limited to rules and regulations relating to Anti-Money Laundering, Notice 2922/2008, Federal law no (20) of 1972 , The Standards for the Regulations Regarding licensing and Monitoring of Exchange business and any subsequent amendments thereto, illegal gambling activities, fraud, or funding of terrorist organizations, etc.
d. infringe our or any third party’s intellectual property rights, rights of publicity or privacy; e. intentionally interfere with or damage operation of the Money Application Services or Money Application or any
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other Customer’s enjoyment of it, by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code or file with contaminating or destructive features; f. provide false, inaccurate or misleading information including Customer identity, age and source of fund g. avail Money Application Services with what Service Provider reasonably believes to be potentially fraudulent funds;
h. use the Money Application Services in a manner that results in or may result in complaints, disputes, reversals, chargebacks, fees, fines, penalties and other liability to Service Provider, a third party or Customer; i. use the Money Application Services in a manner that Service Provider or any payment card network reasonably believe to be an abuse of the payment card system or a violation of payment card network rules;
9. Transfer Fee
a. Unless applicable law in the destination country requires otherwise, Customer will bear all fees for the money transfer. In certain cases, payment of a money transfer may be subject to local taxes and service charges. The beneficiary may incur additional fees for receiving funds sent by Customer. Transfers should be sent to a local (beneficiary) bank account, otherwise the receiving institution may convert the funds at its own exchange rate or reject the Transaction. The beneficiary’s agreement with its account provider/bank governs the account and determines their rights, liability, fees, funds availability and account limitations. In the event of an inconsistency between the account number (including mobile phone numbers for mobile accounts) and name of the beneficiary, the transfer will be credited to the account number provided by Customer. Service Provider accepts no responsibility towards Customer nor to any account holder for any fees, exchange rates used for conversion to non-local currency, acts or omissions of the destination or intermediary financial service providers.
b. Money transfer payments will normally be made in the currency of the origin country. All currency is converted at Service Provider’s then current rate of exchange. Service Provider calculates its rate of exchange based on commercially available interbank rates plus a margin, which may be adjusted several times daily in line with the relevant closing rate of financial markets globally.
10. Liability
a. The availability and proper functioning of the Money Application Services are dependent on many variable circumstances, including location, mobile network availability, Payment Gateway and signal strength, proper functioning of hardware, software and the Device, and Service Provider shall not be liable for any loss or damage that may result directly or indirectly from any unavailability or improper functioning of the Money Application
Service for any reason.
b. Lulu Exchange assume no liability whatsoever for any monetary or other damage suffered by the Customer on account of:
∙ The delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Payment Gateway or services in connection thereto; and/ or
∙ Any interruption or errors in the operation of the Payment Gateway.
c. Customer agree to indemnify and compensate Service Provider for any damages, losses, expenses or liabilities Lulu Exchange incurred as a result of Customers breach of these T&C’s, in particular the above instance specified under Clause 10.
d. Customer understand that in the event of loss of Customer Device and/or SIM Card or when others get possession of it, it can be misused, as a result, Customer agree to indemnify Service Provider for any such misuse arising out of the same. Customer shall not hold Service Provider responsible for any losses he may incur arising from it.
e. If Customer open additional Accounts or subscribe to any of Service Provider’s or its affiliates’ products, services and Service Provider extends the Money Application Services to such Accounts, products or services and Customer opt to apply for the services, then the T&C’s of respective product or services shall automatically apply to such further use of the Money Application Services.
f. Lulu Exchange abides to the requirements under Anti-Money Laundering and Counter-Terrorism Financing regulations currently in force. In meeting these requirements, Lulu would provide details of Customer Transactions to the regulatory authorities as per the guidelines. For this purpose and the business requirements of Service Providers, Customer agree to provide true, accurate, complete and current information and documents. Customer shall indemnify Service Providers for any loss caused to Service Provider due to Customer provision 4
of such untrue, inaccurate, incomplete or not current information and Service Provider will not be responsible for any damages, losses or claims made against them.
g. Other Services. Other products & services made available from time to time in the Money Application may be accessed by Customer based on subscription.
h. Customer accept that there are risks when using internet as a reliable means of communication and should Customer decide to communicate and use any of Money Application Services through Money Application, Customer should do that entirely at Customer’s own risk and without any liability on Service Provider.
i. The accuracy and correctness of all information and details transmitted through Service Provider’s services are Customer’s responsibility and Customer accept that all Transactions and Instructions requested will be processed without the need of any further reference, written notice or verification from Service Provider’s side.
j. Once Customer submit and confirm an Instruction or a Transaction, Service Provider shall be under no obligation to accept any amendment or cancellation afterwards.
k. Customer can add a beneficiary for Transactions or payment through the Money Application’s services and Customer accept that Service Provider will not be liable for any delay or non-payment if it was caused by an error on the details of the beneficiary or failure to identify the beneficiary or delay or failure to act by the receiving party.
l. Service Provider does not represent or warrant that the Money Application will be (a) available to meet the requirements; (b) uninterrupted and no delays; (c) free from failures, errors or omissions or loss of transmitted information; or (d) free from viruses or other contaminating or destructive properties that can damage Customer’s phone operating system.
m. Customer accept that Lulu will not be liable to Customer or any other person for any negligence, breach, misrepresentation, claim, delay, expenses, damages or any other liability including legal costs, any loss however caused and irrespective of whether any claim is based on law of torts, the loss of profit, business revenue, investment, goodwill, interruption of business or anticipated savings or loss of data which arises from:
i. Lulu acting or failing to act upon any of Customer Instructions;
ii. Any error contained in the information Customer have provided through Money Application Services; iii. Access or use of Money Application Services in the manner or purpose not authorized by Service Provider or from Customer part;
iv. Malfunction or breakdown of access to Money Application Services; and
v. Any events outside Service Provider’s control.
n. Customer agree to treat access rights; documentation and any information related to Customer Money Application Services strictly private and Confidential and Customer shall not copy or reproduce them in any form either in whole or in part.
o. Alerts. If Customer subscribe, Service Provider will provide Customer with alerts or confirmation to Customer nominated contact number or e-mail address every time Transaction is performed using the Money Application services.
p. Fees and Charges. Customer accept that Service Provider may impose charges on the Money Application services and if applicable, Service Provider will deduct the charges from Customer Account or may charge additionally. If Customer use a Credit Card to make money transfer Transaction, Customer accept that it will be subject to cash advance fees except if it pertains to payments to utility companies.
q. In no event, Lulu Exchange or its contractors, agents, licensors, partners or suppliers will be liable to Customer for any special, indirect, incidental, consequential, punitive, reliance, or exemplary damages (including without limitation lost business opportunities, lost revenues, or loss of anticipated profits or any other pecuniary or non pecuniary loss or damage of any nature whatsoever) arising out of or relating to: (i) this Agreement or the T&Cs; (ii) the Lulu Exchange Services, (iii) Money Application or any reference site/app/platform/service; or (iv) Customer use or inability to use the Money Application Services, Money Application (including any and all materials) or any reference sites/app/platform/service, even if Service Provider or a Service Provider authorized representative has been advised of the possibility of such damages.
r. Customer acknowledge and agree that Service Provider has offered its products and services, set its prices, and entered into this Agreement in reliance upon the warranty disclaimers and the limitations of liability set forth herein, that the warranty disclaimers and the limitations of liability set forth herein reflect a reasonable and fair allocation of risk between Customer and Service Provider, and that the warranty disclaimers and the limitations of liability set forth herein form an essential basis of the bargain between Customer and Service Provider. Service Provider would not be able to provide the services to Customer on an economically reasonable basis without these limitations. Applicable law may not completely allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitations or exclusions will apply to Customer subject to applicable law.
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In such cases, Service Provider’s liability will be limited to the fullest extent permitted by applicable law. This paragraph shall survive the termination of this Agreement.
11. Indemnity
Customer agree to indemnify, save, and hold Lulu Exchange, its affiliates, Partners, contractors, sub-contractors, employees, officers, principals, directors, agents, licensors, and partners harmless from any and all claims, losses, damages, and liabilities, costs and expenses, including without limitation legal fees and expenses, arising out of or related to: (i) Customer use or misuse of the Money Application; (ii) any violation by Customer of this Agreement; or (iii) any breach of the representations, warranties, and covenants made by Customer herein. Service Provider reserves the right, at Customer expense, to assume the exclusive defense and control of any matter for which Customer are required to indemnify Service Provider, including rights to settle, and Customer agree to cooperate with Service Provider’s defense and settlement of these claims. Service Provide will use reasonable efforts to notify Customer of any claim, action, or proceeding brought by a third party that is subject to the foregoing indemnification upon becoming aware of it. This paragraph shall survive termination of this Agreement.
12. Debit/Credit Card, Bank Account Details
a. The debit/credit card details provided by Customer for use of the aforesaid Money Application Service(s) must be correct and accurate and that Customer shall not use a debit/ credit card, that is not lawfully owned or the use of which is not authorized by the lawful owner thereof. Customer further agree and undertake to provide correct and valid debit/credit card details.
b. Customer warrant, agree and confirm that when Customer initiate a payment Transaction and/or issue an online payment Instruction and provide Customer’s card /bank details:
∙ The Customer is fully and lawfully entitled to use such credit/debit card, bank account for such Transactions;
∙ The Customer is responsible to ensure that the card/ bank account details provided by him/ her are accurate;
∙ The Customer is authorizing debit of the nominated card/ bank account for the payment of fees selected by such Customer along with the applicable Fees.
∙ The Customer is responsible to ensure sufficient credit is available on the nominated card/ bank account at the time of making the payment to permit the payment of the dues payable or the bill(s) selected by the Customer inclusive of the applicable Fee.
13. Payment Gateway Disclaimer
The service is provided in order to facilitate access to view and pay Fees online. Service Provider and/or the Payment Gateway do not make any representation of any kind, express or implied, as to the operation of the Payment Gateway. By accepting/ agreeing to these T&C’s, the Customer expressly agrees that his/ her use of the aforesaid online payment service is entirely at own risk and responsibility of the Customer.
14. Cancellation Policy
Once the Customer has registered and paid the fee through online Payment Gateway, He/She will not be able to cancel the Transaction in any circumstances, however, payment refund to the Customer can be considered only under the Refund policy mentioned in Clause 15.
15. Refund Policy for Payment Gateway Payments
a. Refund for Charge Back Transaction: In the event there is any claim for/of charge back by the Customer for any reason whatsoever, such Customer shall immediately approach Service Provider with his/ her claim details and claim refund from Lulu Exchange alone. Such refund (if any) shall be effected only by Lulu Exchange via Payment Gateway or any other means as Lulu Exchange deems appropriate. No claims for refund/ charge back shall be made by any Customer to the payment service provider(s) and in the event such claim is made it shall not be entertained.
b. Refund for fraudulent/duplicate transaction(s): The Customer shall directly contact Service Provider for any fraudulent Transactions on account of misuse of Card/ Bank details by a fraudulent individual/party and such issues shall be suitably addressed by Lulu Exchange alone in line with their policies and rules.
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16. Disclaimer; No Warranty
To the fullest extent permissible pursuant to applicable law, Lulu Exchange and its third-party partners, licensors and suppliers disclaim all warranties or guarantees – whether statutory, express or implied – including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights. No advice or information, whether oral or written, obtained by Customer from Service Provider
or through the Money Application will create any warranty or guarantee other than those expressly stated herein. For the purposes of this Disclaimer, Customer expressly acknowledge that as used in this section, the term “Lulu Exchange” includes Lulu Exchange’s officers, directors, employees, shareholders, agents, licensors, contractors, subcontractors and affiliates. Customer acknowledge that Service Provider is a facilitator of money remittance services and is not liable for any third party (banks etc.) obligations due to fluctuation in currency exchange rates, delay in remittance to Beneficiary bank account and all other instances, whether to any such banks’ account holder or otherwise. Customer expressly agree that use of the Money Application is at Customer’s sole risk. It is Customer’s responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, services, merchandise and other information provided through the Money Application or on the Internet generally. Service Provider does not warrant that the Money Application will be uninterrupted or error-free or that defects in the site will be corrected. The Money Application and any data, information, third party software, reference sites, services, or software made available in conjunction with or through the services and the site are provided on an “AS IS”, “AS AVAILABLE” and “WITH ALL FAULTS” basis and without warranties or representations of any kind either express or implied. Service Provider, and its third-party suppliers, licensors, and partners do not warrant that the data, Service Provider’s software, functions, or any other information offered on or through the Money Application or any reference sites/s/apps/services will be uninterrupted, or free of errors, viruses or other harmful components and do not warrant that any of the foregoing will be corrected. SERVICE PROVIDER AND ITS THIRD-PARTY SUPPLIERS, LICENSORS, AND PARTNERS DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MONEY APPLICATION OR ANY REFERENCE SITES/PLATFORMS/APPS/SERVICES IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. CUSTOMER UNDERSTAND AND AGREE THAT CUSTOMERR USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN INFORMATION, MATERIALS, OR DATA THROUGH THE MONEY APPLICATION OR ANY REFERENCE SITES/PLATFORMS/APPS/SERVICES AT CUSTOMERR OWN DISCRETION AND RISK AND THAT CUSTOMER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO CUSTOMERR PROPERTY (INCLUDING CUSTOMERR COMPUTER SYSTEM AND MOBILE DEVICE OR ANY OTHER EQUIPMENT) OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF SUCH MATERIAL OR DATA. WE DO NOT AUTHORIZE ANYONE TO MAKE ANY WARRANTY ON OUR BEHALF AND CUSTOMER SHOULD NOT RELY ON ANY SUCH STATEMENT. THIS PARAGRAPH SHALL SURVIVE TERMINATION OF THIS AGREEMENT. IN NO EVENT WILL LULU EXCHANGE BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS INFORMATION AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE MONEY APPLICATION.
17. Security Tools
a. Customer will be given the Security Tools which Customer should be safeguarded at all times. The Security Tools are considered Customer’s identification and authentication when access to Money Application services is made. Once completely and successfully entered, Customer agree that any Instruction(s) received or Transactions processed shall be deemed to have been authorized and to have originated from Customer without the need to obtain any further written or other confirmation even if those Instructions are not authorized by Customer or performed by another person.
b. Customer agree that any person who uses the Security Tools to access Customer’s Account through the Money Application services will be given access and Service Provider is not obliged to further check the identity of such person or the validity of any Transactions made on Customer’s behalf.
c. Customer should immediately notify Service Provider in case Customer’s mobile device is lost, stolen or damaged.
d. From time to time, Service Provider will require Customer to change Customer’s/her MPIN &/or Password for security purpose. Customer’s MPIN &/or Password may be re-activated and if Service Provider allows, Customer are given additional 5 attempts to log-in.
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e. In case Customer request for a new MPIN/ Password, Service Provider will respond only after and upon completion of the authentication process. In case Service Provider approves Customer’s request, Service Provider will reset and issue a new MPIN/ Password which Service Provider will deliver to Customer’s registered mobile.
f. In the event of any misuse, Customer accept that Service Provider have the right to disable the access to Money Application’s services.
18. Data Security
a. At Lulu International Exchange, we take Customer privacy and data security very seriously. We protect and secure Customer’s financial and personal data using proven technologies. Certified and accredited by third party privacy organizations, Lulu International Exchange is regulated by the U.A.E government agencies.
b. 24/7 Built-in Transaction Monitoring Protection: We continually monitor our platform to protect our customers from fraudulent activity and unusual transactions. For the safety and security of Customer’s Account, we may occasionally place a temporary hold or block a transfer until we can validate the activity. This is not done to intentionally slow down a transfer but to ensure the swift and accurate transfer of funds from Customer’s account to Customer’s intended recipient. When these transaction holds do occur, we will always attempt to contact Customer via email and phone for an additional security clearance and verification, particularly when Customer’s transaction is large or out of pattern.
c. Regulated: Lulu Exchange is fully regulated and registered as a certified money transmitter and operates across UAE, Oman, Kuwait, Bahrain, Qatar, India, Philippines, Hong Kong, Malaysia, and Singapore. d. World-Class Compliance: We use a sophisticated, multi-point technique to ensure all transactions are subject to the appropriate levels of “Know Your Customer” and other regulatory checks.
e. Customer expressly and impliedly provide Customer’s free and unconditional consent for the following: (a) for transferring Lulu Exchange’s rights and obligations under this Agreement and the T&Cs in favour of any affiliate or third party; (b) for using the Money Application and availing the Lulu Exchange Services by Customer subject to any specific terms and conditions imposed by any affiliate of Lulu Exchange; (c) for receiving communications, notices and information from any Lulu Exchange or any affiliate of Lulu Exchange; (d) for sharing of business information (including data analytics and any information relating to Customer or the services being availed by Customer) between Lulu Exchange and any affiliate, insofar as such sharing of business information is necessary or required for the following limited purposes: (i) provision of better services to Lulu Exchange’s customers (including Customer); (ii) provision of better services by Lulu Exchange’s vendors; (iii) to prevent any breach of a binding agreement between Lulu Exchange and any affiliate, or to give effect to any such agreement; (iv) for ensuring compliance with the applicable law or legally compelled disclosures by Lulu Exchange or by any affiliate of Lulu Exchange; or (v) for preventing fraud and money laundering and for enhancement of risk mitigation systems and processes in relation to the activities of Lulu Exchange or any affiliate; or (vi) Lulu Exchange retaining any and all information relating to Customer till such time as may be required under applicable laws or internal policies. Lulu Exchange’s privacy policy applies to use of the Money Application, and its terms are made a part of these T&Cs by this reference. Additionally, by using the Money Application, Customer acknowledge and agree that Internet transmissions are never completely private or secure. Customer understand that any message or information Customer send to the Money Application may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.
19. Intellectual Property
The Money Application Services and the Money Application are owned and operated by the Service Provider. The visual interfaces, graphics, design, compilation, information, computer code (including source code and object code), products, software, services, and all other elements of the Money Application provided by Service Provider (hereafter Materials) are protected by the Federal Law No. (7) of the Year 2002, Concerning Copyrights and Neighboring Rights, patent (Federal Law No. 31 of 2006), trade dress, and trademark laws (Federal Law No. 37 of 1992 on Trademarks (as amended by Law No. 19 of 2000 and Law No. 8 of 2002)), international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. As between Customer and Service Provider, all Materials, trademarks, service marks, and trade names contained on the Money Application are the property of Service Provider and/or third-party licensors or suppliers. Customer agree not to remove, obscure, or alter Service Provider or any third party’s copyright, patent, trademark, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through the Money Application. Except as expressly authorized by Service Provider, Customer agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials. Service Provider reserves all rights not expressly granted in
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this Agreement. If Customer have comments regarding the Money Application or ideas on how to improve it, please contact customer service. Please note that by doing so, Customer hereby irrevocably assign to Service Provider, and shall assign to Service Provider, all rights, title and interests in and to all ideas and suggestions and any and all worldwide intellectual property rights associated therewith. Customer agree to perform such acts and execute such documents as may be reasonably necessary to perfect the foregoing rights.
20. General
a. Service Provider’s records maintained through the mobile network or otherwise, unless proven to be wrong, shall be accepted as conclusive and legally binding evidence of Customer’s Transactions using the Service Provider’s services.
b. Customer shall be responsible to ensure strict adherence to the security guidelines for the use of Service Provider’s services. This includes ensuring that any other security alerts that are posted on Service Provider’s Website and/or Service Provider’s advised to Customer through e-mail are observed and complied at all times.
c. In case of signing or accepting the General Terms & Conditions for the in-branch services (Branch Services) (“General T&C’s”) and/or the Lulu Exchange read and accepted at Branch outlet as part of registration process (“Other Terms & Conditions”) , such Other Terms & Conditions will continue to be applicable except only where such Other Terms & Conditions are in conflict with these Terms & Conditions (“T&Cs”), in which case this T&C shall prevail.
d. Customer may request to terminate the access to Service Provider’s services at any time by giving Service Provider a prior written notice of three (3) Business Days.
e. Service Provider may from time to time and at its sole discretion with prior notice to Customer, change and amend any of these (Terms and Conditions). The changes will apply on the (effective date) specified in the notice. f. These (Terms and Conditions) shall be construed in accordance with the laws of United Arab Emirates and the rules, regulations and directives of the Central Bank of United Arab Emirates. In the event of any dispute arising as a result of the breach of the T&C, the courts of Dubai shall have jurisdiction, provided that Service Provider may, if it deems appropriate, initiate proceedings in any other jurisdiction.
g. If any of the terms of this T&C’s is found by a Court or any other competent authorities to be void or unenforceable, such term(s) shall be deemed to be deleted from this T&C’s and the remaining terms of this T&C’s shall continue in full force and effect.
h. The T&C’s are made in bi-lingual Arabic and English texts however, if there is any contradiction between the Arabic and English text, the English text shall prevail.
By applying for and using the Money Application Services, Customer acknowledge and accepts these T&C’s and any supplementary terms and conditions that may from time to time be in force.