1.1. These Terms and Conditions (“Terms”, “Terms and Conditions”) govern your use of the Service, as defined hereinafter, and, together with Privacy Policy, and any other terms and conditions referred to in these Terms and Conditions or the Privacy Policy, constitute an entire agreement between you and us. Privacy Policy can be found on the Website.
“Service” means electronic facility (digital wallet) which enables You to deposit and withdraw funds, make electronic funds transfers to the third party digital wallet or to the accounts held by You or third party with another financial services provider, and related services. The Service is provided via a website located at liberalitas.uk (hereinafter the “Website”) and operated by Us. For clarity, if You use any of the services available on the Website, you accept that these Terms and Conditions apply to you.
“We”, “Us” or “Liberalitas” mean Liberalitas FZE, registration number 4418885, place of business at: Business Centre, Sharjah Publishing City Free Zone, Sharjah, United Arab Emirates, which operates the Website and makes the Service available subject to these Terms and Conditions.
“You”, “Your” mean you, the natural person in whose name the eWallet is opened and maintained.
“eWallet” means the digital wallet account created with Liberalitas when you register for the Service. eWallet is not a bank account and the fuds held on your eWallet will not earn any interest.
1.2. You acknowledge your unconditional acceptance of these Terms and Conditions as may be amended by Us from time to time. If you do not accept these Terms and Conditions, please do not continue with the registration process or the use of Service and Website in any other way.
1.3. No person other than You and Us shall have any rights under these Terms and Conditions. Your eWallet is personal to You and You may not assign or otherwise transfer any rights under these Terms and Conditions to any third party, without our prior consent in writing.
2.1. We may charge Fees in connection with the Service. Transaction related fees can be viewed in the Service interface when You intent to make a transaction. The amount of the transaction fee will comprise the fee charged by the third party financial institutions. For clarity, the Fees displayed in the Service interface form part of these Terms and Conditions and may be changed at any time by us in accordance with these Terms and Conditions.
2.2 Your transactions may be subject to currency conversions. If You make a payment from Your eWallet denominated in one currency to a third party eWallet or bank account denominated in another currency, You will be offered the option of making the payment in the currency of Your eWallet or in another currency. Any currency exchange fees shall be borne by You.
2.3 For every currency conversion, We will use a source as made known to You plus a foreign exchange fee, which is displayed in the Service interface. The foreign exchange fee is payable in addition to the transaction fee.
2.4 You agree that any Fees and other amounts due and payable to Us under these Terms and Conditions may be deducted from your eWallet without notice. Such deductions may be made at any time, and without Us notifying You, but these will be reflected in the information on Your eWallet. Transaction fees will be charged when the transaction is executed. If Your eWallet balance is insufficient to cover the fees, We may refuse to execute the payment. Reversal or chargeback fees will be deducted when incurred.
2.5 If the deduction of fees results in a negative eWallet balance, you will be required to repay such negative balance by uploading sufficient funds into your eWallet. Failure to do so is a breach of these Terms and Conditions. Repayment of the negative balance is due immediately without notice. However, We reserve the right at any time to send You reminders that you need to upload funds or to take other debt collection measures including but not limited to debiting any accounts/ cards that are linked to your eWallet, instructing a debt collection agency or lawyers or to pursue the claim in court. We reserve the right to charge you expenses We have reasonably incurred in connection with any debt collection or enforcement efforts. In addition, where any request, transaction, disputed transaction, arbitration or reversed transaction involves third party costs You remain liable for these and they will be deducted from Your e-Wallet or otherwise charged to You.
2.6 Notwithstanding Section 2.5, You hereby authorize Us to debit any payment method linked to Your eWallet at any time, without requiring any prior written notice, in order to replenish any negative balance withheld on your eWallet.
3.1. In order to use the Service You must first open an eWallet by registering your details on the Website. As part of the signup process you will need to accept these Terms and Conditions and Privacy Policy and you must have legal capacity to accept the same.
3.2 All information you provide during the signup process must be accurate and truthful and up to date. We shall not be held liable for any loss caused by Your failure to do so.
3.3. You may only open an eWallet if it is legal to do so in Your country of residence. By opening a eWallet You represent and warrant to us that Your opening of a eWallet does not violate any laws or regulations applicable to You. You shall indemnify us against any losses we may incur in connection with Your breach of this section.
3.4. Your eWallet may be subject to upload, payment and withdrawal limits, depending on your country of residence and other factors used by Us to determine such limits from time to time at Our sole discretion.
3.5. Your eWallet is denominated in a currency or more currencies of your choice, as selected by you from the currencies We make available from time to time. Your eWallet is provided with the Multi-currency facility, which offers the possibility to keep funds in several currencies at the same time.
3.6. In the end of the registration process and as a result of it You will obtain a login and a password being a unique authentication data needed to log on the Website and get access to the Service and eWallet.
4.1 You must ensure that the information recorded on Your eWallet 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. Any amendments to Your contact details should be communicated to Us immediately, by sending the relevant documentation to Customer Support.
4.2 We may contact you by e-mail or in other ways with information or notices regarding Your eWallet.
4.3 Fund uploads, payments received, payments sent and fund withdrawals are displayed in your online transactions history together with the date of receipt or transmission (the debit value date), the fees charged and, where applicable, any exchange rate used. You should check your eWallet balance and transaction history regularly and report any irregularities or clarify any questions You have as soon as possible by contacting Customer Support.
4.4. You should use Your login and password every time you wish to get access to the Service and Your eWallet. You must take all reasonable steps to keep Your eWallet password safe at all times and never disclose it to anyone. We will never ask You to provide your password to Us or to a third party. It is advisable to change Your password regularly in order to reduce the risk of a security breach in relation to Your eWallet. You must comply with the security procedures we tell you about from time to time.
4.5 If you believe or suspect Your eWallet, login details, password or other security feature is lost, stolen or used without authorisation or is compromised, You should change your password. You must contact Customer Support without undue delay on becoming aware of any loss, theft or unauthorised use or compromise of Your eWallet, login details, password or other security features. Any undue delay in notifying Us may not only affect the security of Your eWallet but may result in You being liable for any losses as a result where Your failure to notify Us is intentional or grossly negligent.
4.6 We may suspend Your eWallet or otherwise restrict its functionality on reasonable grounds relating to the security of the eWallet or any of its security features or if We reasonably suspect that an unauthorised or fraudulent use of Your eWallet has occurred or that any of its security features have been compromised. We will notify You of any suspension or restriction and of the reasons for such suspension or restriction in advance or, where We are unable to do so, immediately after the suspension or restriction has been imposed, unless notifying You would be unlawful or compromise our reasonable security interests. We will lift the suspension and/or the restriction as soon as practicable after the reasons for the suspension and/or restriction have ceased to exist.
5.1 You may close Your eWallet at any time by contacting Customer Support.
5.2 If Your eWallet 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 eWallet 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 eWallet but You may withdraw any remaining funds by contacting Customer Support and requesting that the funds are sent to You. If You want to access Your transaction history after the closure of Your eWallet, You will need to contact Customer Support and request the information, You may do so for a period of six years from the date of closure of Your eWallet.
5.3 We reserve the right to carry out any necessary money laundering, terrorism financing, fraud or other illegal activity checks before authorising any withdrawal of Your funds, including in relation to returning any funds to You after You have closed Your eWallet.
6.1 It is strictly forbidden to use the Service for any illegal purposes including but not limited to fraud and money laundering and terrorist financing. We will report any suspicious activity to the relevant law enforcement agency. You are prohibited from using the Service in an attempt to abuse, exploit or circumvent the usage restrictions imposed.
6.2 It is strictly forbidden to send payments in connection with the following prohibited categories: for the sale or supply of: tobacco products, prescription drugs, weapons, satellite and cable TV descramblers, pornography, adult material, material which incites violence, hatred, racism or which is considered obscene, government IDs and licences including replicas and novelty items and any counterfeit products, items which encourage or facilitate illegal activities, prepaid debit cards or other stored value cards that are not associated with a particular merchant and are not limited to purchases of particular products or services, third party processing or payment aggregation products or services, pyramid selling or ponzi schemes, matrix programmes or other “get rich quick” schemes or high yield investment programmes, goods or services that infringe the intellectual property rights of a third party, un-coded/miscoded gaming, timeshares or property reservation payments (On and Off Plan). This list is not exhaustive and it is Your responsibility to ensure that You do not use the Services for transactions that may be considered illegal in Your jurisdiction. We reserve the right, in Our sole discretion, to add categories of prohibited transactions by adding such categories either to these Terms and Conditions or an acceptable use policy published on the Website.
6.3. If You conduct or attempt to conduct any transaction in violation of the prohibitions contained in this Section, in violation of applicable laws We reserve the right to: reverse the transaction; close or suspend Your eWallet; report the transaction to the relevant law enforcement agency; and/or claim damages from you; and charge you an administration fee of up to 1,000.00 USD per transaction if We apply any of the above. We also reserve the right to suspend or terminate Your eWallet at any time if We reasonably believe to be required to do so by law or in order to comply with recommendations issued by a relevant government authority or other authorised body. To the extent necessary (or required by law), We may freeze any funds in Your Ewallet until investigations conclude that no breach has occurred or until such time as required pursuant to applicable laws or upon instructions of a relevant government authority or other authorised body.
6.4. It is Your and not Our responsibility to ensure that you only send payments from and to persons or entities for the sale or supply of goods and services that you may receive in compliance with any applicable laws and regulations. The mere fact that we process a payment via Your eWallet is not an indication of the legality of the supply or provision of their goods and services. If You are in doubt as to the legality of a supply or purchase, You should not continue with Your payment.
7.1. Funds uploading.
You can upload/reload funds by visiting the Website, logging into Your eWallet and following the
relevant upload/reload instructions. You may be presented with a different upload/reload methods,
depending on which payment methods are available in Your country of residence. Upload/reload payment
methods may be payment services provided by Us or a third party financial institutions (for example, the
issuer of the payment card You use to upload funds or third party direct banking service providers) and
are not part of our service. We may make changes to or discontinue the acceptance of any particular
upload/reload method at any time. Your eWallet will not be loaded/reloaded until cleared funds are
received by Us and the necessary procedures and relevant checks have been carried out to Our
satisfaction.
You are obliged to reload Your eWallet with no delay when it has a negative balance as a result of a
reversal of loading transaction or any other reason by uploading sufficient funds into Your eWallet.
Failure to do so is a breach of these Terms and Conditions. Repayment of the negative balance is due
immediately without notice. We reserve the right, at any time, to send you reminders or to take other
debt collection measures including but not limited to mandating a debt collection agency or solicitors
or to pursue the claim in court. We reserve the right to charge you the expenses we reasonably incur in
connection with any debt collection or enforcement efforts.
If You choose to upload/reload funds using a payment method that may be subject to a right to claim
funds back (a “Chargeback”) such as (but not limited to) credit or debit card or direct debit, You
declare that You will not exercise such Chargeback other than for unauthorised use of the payment method
or for a breach by Us of these Terms and Conditions which would result in You having a right to a refund
of the uploaded amount. Otherwise, You may not Chargeback any upload transaction or allow Chargeback of
any upload transaction for reasons for which We are not responsible including (but not limited to)
disputes with merchants for non- delivery of goods or services or insufficient balance on the payment
method account. We reserve the right to charge You fees and expenses We incur in connection with such
Chargeback and any action undertaken to challenge the same.
Uploaded funds will be credited to Your eWallet after the funds have been received by Us.
You should be aware that loadings/reloadings may be subject to loading/reloading limits due to security
and legal requirements. You can view these limits at any time in the relevant Section of Your eWallet
profile.
7.2. Funds transfers and payments. To send a payment You are required to provide full details of the payment and authorise the payment with Your login details and password and any other authentication methods. We retain the right at all times to validate the purpose of the transfer and require any necessary Know Your Customer (KYC) information or documentation in accordance with our anti-money laundering policies. Payments are subject to payment limits due to security and legal requirements. You can view these limits at any time in Your eWallet profile. We may, at any time, withhold a (reasonable) part of any funds available in your eWallet as reserve to cover any financial risk or Chargeback risk. We will notify You thereof.
7.3. Receiving funds. If You receive funds into Your eWallet, We will display the payment as a receive-money transaction in Your transactions history, together with the date of receipt, the fees charged and, where applicable, any exchange rate used. Each transaction will be shown in the transaction history. We will not alter or amend information displayed in Your online transaction history. You should regularly reconcile incoming payments with Your own records.
7.4. Withdrawing funds. You can request a withdrawal of all or part of the funds held in Your eWallet at any time. To do this You must log into Your eWallet and select a withdrawal method and enter the amount to be withdrawn. Withdrawal methods are payment services provided, at least in part, by third party financial institutions (for example, the bank where you hold a bank account). We do not guarantee the availability of any particular withdrawal method and may make changes to or discontinue a particular withdrawal method at any time. Where the withdrawal payment is received by You through the involvement of a payment service provider (such as the bank where You hold a bank account), We shall not be responsible for the withdrawal payment once the withdrawn funds are received by Your payment service provider.
8.1. You represent and warrant that: (a) You are of sound mind, legal age and legal competence; and, (b) the funds on the eWallet are Your own funds and are legitimately acquired and have not been derived directly or indirectly from any act or omission that may constitute an offence or as a result of or in connection with any criminal conduct and no person other than You has or will have an interest in Your eWallet; and, (c) regardless of any subsequent determination to the contrary, You are suitable to enter into this Terms of Use , and, (d) all the information provided in the information portion of the eWallet opening process is true, correct and complete as of the date hereof and you will notify the Company promptly of any changes in such information.
8.2. You hereby confirms and acknowledges Your express consent to eliminate the confidential nature of all communications regarding without limitation any disputes, legal proceeding, public statements between the parties hereto or its results including courts or other dispute resolution schemes decision on the matter. You agree that We may disclose on our sole discretion the contents of such communication where and when We deem it necessary.
9.1. In case of an unauthorised transaction or a transaction that was incorrectly executed due to an error by Us, We shall at Your request refund the payment amount including all fees deducted therefrom. This shall not apply:
9.2. Subject to the foregoing, We shall not be liable for any disruption or impairment of our service or for disruptions or impairments of intermediary services on which we rely for the performance of our obligations hereunder, provided that such disruption or impairment is due to abnormal and unforeseeable circumstances beyond our reasonable control or the control of the intermediary affected.
9.3. Without prejudice to any other terms of this Terms of Use relating to the limitation of liability and provision of indemnities, the following shall apply in particular to provision of the Services under these Terms: System errors: We shall have no liability to You for any partial or non-performance of its obligations hereunder by reason of any cause beyond its reasonable control, for damage which Liberalitas may suffer as a result of malfunction or failure of transmission, communication or computer facilities, or any transmission errors, technical faults, malfunctions, illegal intervention in network equipment, network overloads, malicious blocking of access by third parties, internet malfunctions, interruptions, the failure by the relevant intermediate service provider or agent to perform its obligations or other deficiencies on the part any internet services provided to Us. You acknowledges that Service may be limited or unavailable due to such system errors, and that We reserve the right upon notice to suspend access to the Service for this reason. Delays: Neither Liberalitas nor any of its affiliates and/or third party providers and/or suppliers accept any liability in respect of any delays, inaccuracies, errors or omissions in any data provided to You in connection with the Service using. Viruses: We shall have no liability to You (whether in contract or in tort, including negligence) in the event that any viruses, worms, software bombs or similar malicious code items are introduced into Your information system via the Service, provided that We have taken reasonable steps to prevent any such introduction. Unauthorised use: Liberalitas shall not be liable for any loss, liability or cost whatsoever arising from any unauthorised use of the Service. Markets: Liberalitas shall not be liable for any act taken by or on the instruction of a clearing house of any relevant market or regulatory or self-regulatory body or failure by such clearing house or regulatory or self-regulatory organisation, for any reason, their perform its obligations.
9.4. Liberalitas shall not be liable for non-performance of its obligations hereunder due to any event beyond its reasonable control, including without limitation any industrial action, act of terrorism, act of God, acts and regulations of any governmental or supra national bodies or authorities or the failure by the relevant intermediate agent, agent or principal of our custodian, sub-custodian, dealer, clearing house or regulatory or self-regulatory organisation, for any reason, to perform its obligations.
9.5. We shall not be liable for any indirect or consequential losses including but not limited to loss of profit, loss of business and loss of reputation. We shall not be liable for any losses arising from our compliance with legal and regulatory requirements.
9.6. We shall not be liable for the assessment or payment of any taxes, duties or other charges that arise from the underlying transaction between you and another Company’s customer.
10.1. You agree to indemnify and hold Liberalitas, its affiliates, employees, agents, successors and assigns harmless from and against any and all liabilities, losses, damages, costs and expenses, including attorney's fees, incurred by Us arising out of Your failure to fully and timely perform Your obligations herein or should any of the representations and warranties fail to be true and correct. You also agree to pay promptly to Us all damages, costs and expenses, including attorney's fees, incurred by Us in the enforcement of any of the provisions of this Terms and any other agreements between You and Us.
10.2. You agree to defend, reimburse or compensate us and hold Us and our other companies in our corporate group harmless from any claim, demand, expenses or costs (including legal fees, fines or penalties) that we incur or suffer due to or arising out of Your breach of these Terms, breach of any applicable law or regulation and/or use of the Service.
10.3 The provision of this section shall survive termination of the relationship between You and us.
11.1 We usually contact you via email. Any communication or notice sent by email will be deemed received by you on the same day if it is received in your email inbox before 4.30 pm (UTC+4) on a business day. If it is received in your email inbox after 4:30pm on a business day or at any other time, it will be deemed received on the next business day. By a business day we mean any day other than a Saturday or a Sunday or a public or bank holiday in the UAE.
11.2. Any complaints about Us or the Service we provide should be addressed to Us in the first instance by contacting Customer Support at the following email address support@liberalitas.uk, indicating that You wish to make a complaint.
11.3 We endeavour to provide You with an answer or resolution to Your complaint within 30 (thirty) days as of the date of receipt. Should this not be possible due to unforeseen circumstances or lack of information, We will contact You.
12.1. This Terms shall continue in effect until termination, and may be terminated by You at any time when You have no liabilities held by or owed to Liberalitas upon the actual receipt by Us of written notice of termination via registered e-mail, or at any time whatsoever by Us upon the transmittal of written notice of termination to You; provided, that such termination shall not affect any transactions previously entered into and shall not relieve either party of any obligations set out in these Terms nor shall it relieve You of any obligations arising out of prior transactions entered into in connection with these Terms.
12.2. We may at any time suspend or terminate Your eWallet without notice in case:
a. You breach any condition of theseTerms;
b. You violate or we have reason to believe that You are in violation of any law or regulation that is
applicable to Your use of the Service; or
c. We have reason to believe that You are in any way involved in any fraudulent activity, money
laundering,
terrorism financing or other criminal activity.
We may suspend your eWallet at any time if:
a.We reasonably believe that Your eWallet has been compromised or for other security reasons;or
b.We reasonably suspect Your eWallet to have been used or is being used without Your authorisation or
fraudulently;
and we shall notify You either prior to the suspension or, if prior notification is not possible under
the
circumstances, promptly after the suspension unless we are prohibited by law to notify You.
13.1 These Terms and Conditions may be subject to change. Changes will be implemented with prior notice from Us as set forth in this Section.
13.2 We shall give notice to You of any proposed change by sending an email to the primary email address registered with Your eWallet.
13.3 The proposed change shall come into effect five (5) days after the date of the change notice, unless You have given Us notice that You object to the proposed changes before the changes come into effect.
13.4. Changes to exchange rates shall come into effect immediately without notice and You shall not have the right to object to such a change.
13.5. These Terms and Conditions are also subject to change on demand by regulator and/or regulated financial entity/issuer(s) with proper notification.
13.6 If You object to the changes, they will not apply to You. However, any such objection shall constitute a notice by You to terminate and close Your eWallet. Your eWallet will be closed in accordance with the provisions these Terms and Conditions.