I (the ďUserĒ) acknowledge that I have read the terms and conditions of this agreement (the ďAgreementĒ), that I understand that these terms and conditions shall govern the CMO Service offered by CSCBank SAL and/or CSCFinance SAL (hereafter collectively referred to as the ďBankĒ), and I hereby explicitly agree to be bound by such terms and conditions, in addition to the terms and conditions of the Applications and to the general terms of the Bank governing the CMO Nominated Account. 1. Definitions - "CMO Service": shall mean the payment platform offered by the Bank that allows the User to use the mobile number as provided by the User to the Bank (the ďMobile NumberĒ) to carry out one of the following types of transactions (the "CMO Transaction"): (i) purchase goods and service at a Merchant, (ii) withdraw cash from an Automated Teller Machine ("ATM"), (iii) transfer funds to another CMO user, (iv) receive funds from another CMO user, (v) deposit cash through an ATM, (vi) any other type of transaction that the Bank shall allow the User to benefit from. - "CMO Nominated Account": Shall mean the account of the User at the Bank which the User has nominated to be used by the Bank for the posting of all debit and credit transactions pertaining to the Userís adherence and/or use of the CMO Service. This account can be (i) the Userís current account at the Bank or (ii) the Userís account at the Bank that is either linked to a revolving credit limit provided by the Bank to the User or linked to an amount prepaid by the User to the Bank. Only one (1) account shall be nominated for each User irrespective of the number of accounts held by the User with the Bank. - "Merchant": shall mean an establishment that is willing and authorized to accept CMO as a means of payment in exchange for the purchase of goods and services by a User, whether such purchase takes place in a face to face environment or in a non-face to face environment. - "OTP": Shall mean the one time password generated by the Bank and sent to the Userís Mobile Number, and that will be used by a Merchant to validate a CMO Transaction. Certain OTPs will be valid for use by the User at any participating Merchant, whilst other OTPs shall in certain cases be restricted for use by the User at a particular Merchant. - ďCardless CodeĒ: shall mean a code sent to the Userís Mobile Number and that will allow the User to withdraw cash from an ATM or deposit cash through an ATM. 2. Terms and Conditions: 2.1 The User hereby agrees and undertakes to provide true, accurate and complete information as requested by the Bank and the Bank may, at its sole discretion and without having to justify its measures, reject the Userís application to adhere to the CMO Service. 2.2 The User hereby agrees and acknowledges at the Userís full risk and liability, that he/she is personally the legal owner or is authorized by the legal owner of the Mobile Number to use the Mobile Number for the CMO Service, and the User hereby instructs the Bank to use the Mobile Number for all aspects of the CMO Service pertaining to the User. 2.3 The User authorizes the Bank, at the Userís full risk and liability, to use the CMO Nominated Account designated herein for the debit or credit of all CMO Transactions debited or credited to the Mobile Number, and to further debit the CMO Nominated Account for all charges and fees pertaining to the Userís enrolment and/or use of the CMO Service. The User may change the CMO Nominated Account by sending the Bank a written request to such effect, noting that the approval of such change shall be completely at the Bankís discretion. 2.4 Once the Userís registration to the CMO Service is completed by the Bank, subject to the Bank considering that the User has fulfilled all the Bankís conditions including the submission of the necessary documents and required information, the Bank shall provide the User with a password (the ďPasswordĒ) by means of a Short Message System ("SMS") sent to the Mobile Number, which Password shall permit the User to access the CMO mobile software application (the ďAppĒ) and/or the CMO website located at https://www.paycmo.com (the ďSiteĒ). Together the App and the Site are referred to herein as the ďApplicationsĒ. The User may be required to change the Password once the User successfully logs on to the Applications for the first time. 2.5 a- The User will be required to provide a valid OTP in order to successfully complete any CMO Transaction. Each OTP shall be valid for one CMO Transaction only and shall have a validity period to be determined solely by the Bank, which validity period shall be transmitted to the User along with the OTP. The User can request an OTP using the Applications, where such OTP will be valid for any CMO Transaction and at any Merchant; however, for certain types of Merchants and/or CMO Transaction amounts, the OTP shall be requested automatically by the CMO systems placed at the Merchant where such OTP will be valid at that Merchant only and for a specific CMO Transaction amount. The Bank shall send the OTP to the Userís Mobile Number by SMS. Only one (1) OTP shall be valid for the Mobile Number at any given time. b- The User will be required to provide a valid Cardless Code in order to successfully complete any withdrawal from or deposit through an ATM. Each Cardless Code shall be valid for one CMO Transaction only and shall have a validity period to be determined solely by the Bank, which validity period shall be transmitted to the User along with the Cardless Code. The User can request a Cardless Code using the Applications, and the Bank shall send the Cardless Code to the Userís Mobile Number by SMS. 2.6 a- The User is responsible to protect and safeguard his/her Password and shall exercise all possible care to ensure the safety of the Mobile Number, the OTP, and the Cardless Code and to prevent their misuse. b- The User shall be directly and personally responsible for each CMO Transaction undertaken by him/her including without limitation those entered on the Mobile Number by any third party. The User is solely responsible to safeguard at all times access to any device that has access to the CMO Service using the Mobile Number, and the User agrees to honour every CMO Transaction carried out on the Mobile Number or using an OTP sent by the Bank to the Mobile Number. c- All CMO Transactions made using a Cardless Code, whether by or with the consent of the User or not, are final and cannot be reversed. The User will be liable for any CMO Transaction carried out using a Cardless Code and the Bank has no responsibility whatsoever for any unauthorized use of a Cardless Code sent by the Bank to the Mobile Number. 2.7 The User understands that the Password and the OTP are used to give instructions to the Bank pertaining to the CMO Service in the name of the User and further understands and agrees that such Password and/or OTP shall be considered as a substitute for the Userís signature and shall be deemed valid and binding on the User noting that the OTP shall be sufficient confirmation of the authenticity of the instruction given. The User hereby instructs and authorizes the Bank to comply with any instructions given to the Bank through the use of the Mobile Number and/or an OTP. Any CMO Transaction carried out using the Mobile Number and/or the OTP sent to the Mobile Number shall be charged to the CMO Nominated Account and the User shall be liable for all such transactions including any related fees. Furthermore, each CMO Transaction correctly processed using a valid OTP shall be considered final and cannot be revoked or contested. 2.8 The User agrees not to write down or record the Password or OTP in an unsecure place in order to avoid any third party coming across same, and the User shall hold the Bank harmless for any CMO Transaction unauthorized by the User and made on the Mobile Number using a valid OTP. The User shall further exempt the Bank from any form of liability whatsoever for complying with any instruction given by means of the Userís Mobile Number and/or an OTP sent to the Userís Mobile Number where the Userís mobile device, or any other device, used to access the Mobile Number and/or the Applications was in the possession of any third party and/or the OTP becomes known to such third party and the Mobile Number was used to carry out a CMO Transaction. 2.9 Should the User dispute any CMO Transaction made on the Userís Mobile Number, then the User should follow the dispute procedure adopted by the Bank as communicated to the User at the time of dispute. The User understands and acknowledges that a dispute period of 15 days from the date of posting of the CMO Transaction on the Userís CMO Nominated Account is available to the User to initiate any dispute. Any dispute initiated after the permitted time period cannot be taken into consideration by the Bank nor accepted for processing. Should the dispute be initiated during the permitted time period, the Bank shall use its best effort to dispute and claim such CMO Transaction on behalf of the User. 2.10 The User hereby acknowledges and accepts that the CMO Service will allow other CMO users to transfer funds to the User, and the User hereby irrevocably authorizes the Bank to credit the Userís CMO Nominated Account with any transfer initiated through the CMO Service by another CMO user and where the User is designated as the beneficiary of the transfer, noting that the User shall receive a notification of such transfer from the Bank by SMS and/or by email. Should the User wish to dispute a transfer received on the Userís CMO Nominated Account, then the User shall be responsible to inform the Bank of such in writing and to request that the transfer be returned to the initiating CMO user. Any transfer credited to the Userís CMO Nominated Account that is not disputed by the User within 72 hours from the date the transfer is carried out by the Bank shall be considered as irrefutably accepted by the User. Furthermore, the User irrevocably authorizes the Bank to reverse any previous transfer of funds erroneously credited by the Bank to the Userís CMO Nominated Account by debiting the Userís CMO Nominated Account for the related amount. 2.11 Should the User wish to change the Mobile Number, then the User shall be responsible to inform the Bank in writing of his/her desire to do so, and the User shall provide the Bank with any form and document requested by the Bank to enable the Bank to carry out the necessary changes to the Userís profile on the CMO systems, noting that the User shall remain liable for any CMO Transaction that takes place on the Mobile Number that is defined on the CMO systems to the User at the time, including all CMO Transactions that take place on a Mobile Number that the User has requested be changed and until such time that a such change if implemented by the Bank. 2.12 If the User wishes the Bank to stop the CMO Service on the Mobile Number, for any reason, then the User shall be responsible to request the cancelation of the CMO Service from the Bank, and shall confirm such request in writing, noting that the User shall be liable for any CMO Transactions carried out using the Mobile Number until the Bank has received the deactivation request and has implemented the deactivation of the CMO Service on the Mobile Number. 2.13 The User acknowledges that the Bank reserves the right, unilaterally and with immediate effect at any time and from time to time, temporarily or permanently, in whole or in part, and without having to justify its measures, to: modify, suspend or discontinue the CMO Service; charge fees in connection with the use of the CMO Service; modify and/or waive any fees charged in connection with the CMO Service; and/or offer opportunities to some or all users of the CMO Service. The User agrees that neither the Bank nor any of its affiliates shall be liable to the User or to any third party for any modification, suspension or discontinuance of the CMO Service, in whole or in part, or of any service, content or feature offered through the CMO Service. 2.14 The Bank may, at its sole discretion, set maximum amounts to certain CMO Transactions, depending on the type of CMO Transaction and/or Merchant and/or User, and may set maximum daily or periodical amounts per User. 2.15 Under no circumstances will the Bank be liable for any damages, including without limitation direct or indirect, special, incidental or consequential damages, losses or expenses arising in connection with the CMO Service or use thereof or inability to use by any party, or in connection with any failure of performance, error, omission, interruption, defect, delay in operation, transmission, computer or mobile virus or line or system failure, even if the Bank or its representatives thereof are advised of the possibility of such damages, losses. The Bank hereby specifically any liability with regard to the goods or services purchased through the CMO Service. 2.16 The Bank makes no warranty that: a- The CMO Service will meet the User requirements; b- The CMO Service will be uninterrupted, timely, secure, or error-free; and c- The quality of any products, information or other material purchased or obtained by the User through the CMO Service will meet the Userís expectations. 2.17 The User hereby acknowledges that the CMO Service availability may be subject to: a- Availability of a mobile device capable to make voice calls and send SMS; b- Availability of a suitable network infrastructure at the time when the CMO Service is requested or delivered; c- Geographic and technical capability of the mobile networks and delivery systems of the respective mobile service providers at the time and location when the CMO Service is requested or delivered; and d- Any terms and conditions imposed by the respective mobile service providers. 3. Additional terms pertaining to the Applications: 3.1 The Applications (including any content made available through the Applications) are the property of the Bank (or its licensors) and are protected by applicable intellectual property laws. The App is licensed, not sold, to the User. The User may utilize the Applications only as permitted by this Agreement. The User may not, and will not permit any other party to: (1) modify, adapt, alter, translate or create derivative works of the Applications; (2) use or merge the Applications, or any component or element thereof, with other software, databases or services not provided by the Bank; (3) sublicense, distribute, sell or otherwise transfer the Applications to any third party; (4) use the App as a service bureau, or lease, rent or loan the App to any third party; (5) reverse engineer, decompile, disassemble or otherwise attempt to derive the source code or structure of the Applications; (6) interfere in any manner with the operation of the Applications; (7) circumvent, or attempt to circumvent, any electronic protection measures in place to regulate or control access to the Applications; (8) create a database by systematically downloading and storing the Applications; (9) use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, "scrape," "data mine" or in any way gather the Applications or reproduce or circumvent the navigational structure or presentation of the Applications without the Bankís (and its licensors) express prior written consent; or (10) use the Applications for any commercial purposes. The User agrees not to develop, distribute or sell any software or other functionality capable of launching, being launched from or otherwise integrated with the Applications. The User may not remove, alter or obscure any copyright notice or any other proprietary notice that appears on or in the Applications. 3.2 The User agrees and acknowledges that the Bank is relieved of any liability in regards to breach of duty of secrecy arising out of the Userís inability to scrupulously observe and implement the provisions of these terms of use, and/or instances of breach of such duty by hackers and other unauthorized access to the Userís CMO Nominated Account via the CMO Service. 3.3 The User agrees and acknowledges that the Bank shall not be responsible for any electronic virus or viruses that the User may encounter in course of making use of the Applications. 3.4 Any material downloaded or otherwise obtained through the use of the CMO Service is done at the Userís own discretion and risk and the Bank is not responsible for any damage to the Userís mobile phone system or to any device that has access to the CMO Service using the Mobile Number or for any loss of data that results from the download of any such material. No advice or information, whether oral or written, obtained by the User from the Bank or through or from the CMO Service will create any warranty not expressly stated in these terms. 3.5 The User acknowledges full awareness of, accepts, and bears the consequences of the risks resulting from the use of the CMO Service on the Internet. Accordingly, the Bank shall bear no responsibility either from misuse or as a result of fraudulent use of the CMO Service. 4. General Terms 4.1 The Bank shall not be considered an agent or other legal representative of the User for any purpose by reason of this Agreement. The Bank and the User shall be independent contractors, and nothing contained in this Agreement shall be deemed to create any association, partnership, joint venture between the parties. 4.2 This Agreement is personal to the User and the User may not assign it to anyone. 4.3 The Bank does not grant or transfer to the User any intellectual property rights pertaining to the CMO Service. The User acknowledges and agrees that the Bank (or its licensors) owns all rights to the CMO Service and that the User is only permitted to use the CMO Service as expressly authorized by the Bank. 4.4 The present Agreement shall be governed by the laws of the Republic of Lebanon. The courts of Beirut shall have exclusive jurisdiction over all disputes which might arise between the Bank and the User from the validity, execution or interpretation of any clauses of the present Agreement even in the event of disputes concerning obligations incurred or contracted abroad. The User undertakes not to use the CMO Service for illegal purposes or for purchasing goods and/or service prohibited by local laws applicable in the Userís jurisdiction. 4.5 The Bank has the right to transfer or assign to any third party with whom the Bank has a signed agreement to this effect, totally or partially, the amount due or that will be due to it by the User, in principal, interests, commissions and charges, therefore the User renounces since now irrevocably, to his right to Banking Secrecy towards the Bank for the above mentioned purposes, as well as to his right to be notified of such transfer or assignment as per the stipulations of article 283 of the Lebanese Code of Obligations and Contracts. 4.6 The User hereby acknowledges and accepts that he/she shall be automatically enrolled in the Bankís SMS alert service and that he/she will receive SMS alerts on the Mobile Number relating to the CMO Service, and the User hereby irrevocably waives his/her right to invoke the Banking Secrecy as set forth in law of 1956 against the Bank. The User further authorizes the Bank to disclose any User information to any party the Bank may deem appropriate, regarding matters related to the CMO Service and/or any transaction executed or to be executed through the CMO Service and/or in case of fraudulent use of the CMO Service. 4.7 The User hereby acknowledges that he is being made aware of the contents of decision #7548 issued by the Central Bank of Lebanon (ďBDLĒ) on 30/03/2000 regarding electronic financial and banking transactions, which requires the Bank to send by e-mail to the User within 24 hours as of the execution of the transaction a confirmation of each cash withdrawal transaction performed by e-signature, followed by an ordinary mail within one week. The User explicitly instructs the Bank to keep with it all such correspondence and to refrain from sending any confirmation by e-mail or ordinary mail. 4.8 This Agreement signed by the User, confirmed by a statement of account issued by the Bank showing the unpaid balances due, shall be deemed an official document enforceable through the competent execution bureau in accordance with article 847 of the Lebanese Code of Civil Procedure and in accordance with the applicable rules for enforcing such procedures without the need to obtain a judgment confirming these balances. 4.9 The User acknowledges and agrees that the Bankís records and statements and any records of the transactions made, performed, processed or effected through the CMO Service by the User or by any person purporting to be the User, shall be binding and conclusive on the User for all purposes whatsoever and shall be conclusive evidence of the Transactions and the Userís liability to the Bank. The User hereby agrees that all such records and statements are admissible in evidence and that he/she shall not challenge or dispute the admissibility, reliability, accuracy or the authenticity of contents. 4.10 In case of death of the User, the Userís heirs shall be jointly and severally liable to assume the commitments taken by the User in full compliance with the present conditions of the Agreement. 4.11 The Bank reserves the right to amend these terms and conditions at any time. The User shall be notified accordingly of these amendments. Continued use of the CMO Service constitutes acceptance by the User of such amendments. The User hereby acknowledges that from time to time and as the laws change, certain additional information will be required by the Bank to remain in compliance and be able to perform properly its duties in its relationship with the User. As such, the User hereby undertakes to sign any requested document as required by the Bank in order to complete or update its files or otherwise comply with its legal obligations as per the applicable rules and regulations.