PART I – GENERAL PROVISIONS
1. Introduction
1.1 These terms and conditions (the "Terms") govern access to and use of the Platform and the purchase of Goods through the Platform.
1.2 By registering an Account, accessing the Platform or submitting an Order, the User accepts these Terms, which constitute a binding agreement between the User and Taqqsit.
1.3 These Terms apply together with the Customer Agreement. In the event of any conflict between these Terms and the Customer Agreement in relation to any installment purchase, the Customer Agreement shall prevail.
1.4 Any User who does not accept these Terms shall refrain from accessing or using the Platform.
2. Definitions
In these Terms, the following terms shall have the meanings set out below:
- "Account" means the personal account created by a User on the Platform;
- "Customer" means any User whose Order has been accepted by Taqqsit and who has executed a Customer Agreement;
- "Customer Agreement" means the Taqqsit Customer Program Agreement executed between Taqqsit and the Customer, together with any promissory note or other document executed pursuant to it;
- "Goods" means any mobile handset, smartphone, tablet, laptop, electronic device, accessory, appliance, service or any other product or service offered by Taqqsit through the Platform, whether present or future;
- "Order" means an offer submitted by a User to purchase Goods through the Platform;
- "Platform" means the Taqqsit mobile application, website and any other digital channel operated by Taqqsit;
- "Taqqsit" means InMobiles SAL, a Lebanese joint stock company registered with the Commercial Register of Baabda under number /2007438/, operating under the trade name "Taqqsit", or any entity to which its rights are assigned or transferred; and
- "User" means any person who accesses or uses the Platform.
3. Eligibility and Account Registration
3.1 The Platform is available only to natural persons who are at least eighteen (18) years of age and who hold full legal capacity and who are legally capable of entering into binding agreement.
3.2 The User shall provide accurate, complete and up-to-date information upon registration and shall promptly update such information whenever it changes.
3.3 Each Customer may hold one (1) Account only. Taqqsit may close any duplicate Account.
3.4 The User is solely responsible for maintaining the confidentiality of the Account credentials and for all activity carried out through the Account, and shall notify Taqqsit immediately of any unauthorised use.
3.5 Taqqsit may accept or refuse any registration at its sole discretion.
3.6 Taqqsit may request any additional information or documentation it reasonably considers necessary to verify the User's identity, eligibility, commercial profile, compliance with its internal policies or any other matter relevant to the acceptance of an Order.
4. Use of the Platform
4.1 The User shall use the Platform solely for lawful and personal purposes and in accordance with these Terms.
4.2 The User shall not:
- submit false, misleading or incomplete information, or impersonate any person;
- use the Platform for any fraudulent or unlawful purpose;
- interfere with the operation or security of the Platform, or circumvent any technical or protective measure;
- copy, decompile, reverse engineer or otherwise misuse the Platform or any part thereof;
- attempt to access another User's Account; or
- use any automated software, robot, crawler or similar technology to access or interact with the Platform.
4.3 Any fraud, attempted fraud or misrepresentation by the User shall entitle Taqqsit to suspend or close the Account, cancel any Order and pursue any available legal remedy without prejudice to any criminal or civil remedies available under applicable law.
4.4 Taqqsit may suspend or restrict access to the Platform, in whole or in part, where it suspects a breach of these Terms or where required for security, legal or operational reasons.
PART II – PURCHASE OF GOODS
5. Goods Offered by Taqqsit
5.1 Taqqsit offers the Goods for sale through the Platform exclusively in accordance with these Terms and the Customer Agreement. All Goods are offered subject to availability, and the display of Goods on the Platform does not constitute a binding offer.
5.2 Taqqsit reserves the right, at any time and without notice, to:
- add, withdraw, modify or discontinue any Goods;
- limit the quantities available for purchase;
- substitute any accessory with an equivalent item; and
- refuse any sale.
6. Orders
6.1 A User may submit an Order through the Platform in accordance with the process indicated therein.
6.2 Each Order is subject to verification by Taqqsit, including identity, eligibility, compliance and any internal assessment deemed appropriate by Taqqsit.
6.3 An Order shall be binding on Taqqsit only upon its express acceptance and the issuance of an order confirmation through the Platform. Acceptance of an Order shall not constitute a waiver of Taqqsit's right to cancel the Order where it subsequently discovers fraud, material inaccuracies, legal restrictions or any circumstance preventing completion of the transaction.
6.4 Taqqsit may reject any Order at its sole discretion, including where:
- the eligibility criteria are not met;
- the documents or information provided are incomplete;
- the Goods are unavailable;
- fraud is suspected;
- the User fails Taqqsit's internal assessment;
- the User is in default under any agreement concluded with Taqqsit; or
- any legal or compliance concern exists.
6.5 The User may cancel an Order at any time before its acceptance by Taqqsit.
7. Prices
7.1 Prices are displayed on the Platform in United States Dollars and/or Lebanese Pounds, as indicated on the Platform.
7.2 Taqqsit may change the prices displayed on the Platform at any time before the acceptance of an Order. The price applicable to an Order is the price confirmed by Taqqsit upon acceptance.
7.3 Prices are inclusive of applicable taxes unless otherwise indicated.
7.4 Promotions and discounts apply subject to their own conditions and may be amended or withdrawn by Taqqsit at any time.
7.5 Where a price displayed on the Platform is manifestly erroneous, Taqqsit may correct the error and cancel any affected Order, whether before or after acceptance, subject only to refunding any amount already paid in respect of the cancelled Order.
8. Delivery and Collection
8.1 Goods are delivered to the address indicated in the Order or collected from the location designated by Taqqsit.
8.2 Delivery dates communicated to the Customer are estimates only and do not constitute binding deadlines.
8.3 Where delivery fails for a reason attributable to the Customer, including absence, an incorrect address or refusal to take delivery, Taqqsit may charge the costs of redelivery or cancel the Order.
8.4 The Customer shall inspect the Goods upon delivery and shall record any apparent defect or missing item at that time.
8.5 Delivery transfers possession of the Goods, and the risk of loss of or damage to the Goods passes to the Customer upon delivery. Ownership of the Goods transfers exclusively in accordance with the Customer Agreement.
9. Manufacturer Warranty and After-Sales Services
9.1 The Goods benefit, where applicable, from the manufacturer's warranty in accordance with the terms of the manufacturer or its authorised distributor.
9.2 Taqqsit does not manufacture the Goods and, except where required by mandatory provisions of Lebanese law, disclaims all express or implied warranties not expressly provided by the manufacturer, including any warranty in respect of the quality, performance or fitness of the Goods for any particular purpose.
9.3 Warranty claims and after-sales services shall be pursued in accordance with the applicable warranty policy, directly with the manufacturer or its authorised service centre. The existence of a warranty claim does not suspend or reduce the Customer's payment obligations under the Customer Agreement.
PART III – INSTALLMENT PURCHASES
10. Installment Purchase
10.1 Every purchase of Goods through the Platform is made exclusively under a Customer Agreement.
10.2 The execution of the Customer Agreement, together with any document required under it, is mandatory for every purchase.
10.3 No Goods shall be delivered before the Customer Agreement is duly executed and all conditions required by Taqqsit have been satisfied.
10.4 The execution of the Customer Agreement does not oblige Taqqsit to approve or complete the transaction until all internal approval requirements have been satisfied.
11. Customer Agreement
11.1 The Customer Agreement forms an integral part of these Terms.
11.2 The Customer Agreement exclusively governs the Customer's payment obligations, the retention of ownership, events of default and their consequences, technical and device management measures, remedies, fees and all other matters relating to installment purchases.
11.3 The Customer undertakes to comply with the Customer Agreement at all times.
12. Ownership and Possession
12.1 Possession of the Goods transfers to the Customer upon delivery.
12.2 Ownership of the Goods transfers only in accordance with the Customer Agreement.
PART IV – GENERAL LEGAL PROVISIONS
13. Fraud Prevention and Compliance
13.1 Taqqsit may carry out identity verification, screening and any other checks it deems necessary before or after accepting any Order.
13.2 Taqqsit may refuse any Order, suspend any Account or withhold delivery pending the completion of such checks.
13.3 Taqqsit applies anti-money laundering and compliance procedures in accordance with applicable laws and may make any report or disclosure required thereunder.
13.4 Taqqsit may conduct internal investigations into any suspected fraud or misuse of the Platform, and the Customer shall cooperate with any such investigation.
13.5 Taqqsit may use internal scoring and assessment tools, obtain information from third-party sources, and verify any document submitted or any device enrolled, without being required to disclose its assessment criteria or methodology.
14. Intellectual Property
14.1 The Platform, its software, source code, design, databases and content, and the "Taqqsit" name, logo and trademarks are the exclusive property of Taqqsit or its licensors. The User shall not use the "Taqqsit" name, logo, trademark or branding without Taqqsit's prior written consent.
14.2 The User is granted a limited, personal, revocable and non-transferable right to use the Platform in accordance with these Terms. No other right or licence is granted.
14.3 The User shall not copy, modify, distribute, or create derivative works from the Platform or any of its components.
15. Privacy
15.1 Personal data is processed in accordance with Taqqsit's Privacy Policy, which is available on the Platform and forms an integral part of these Terms.
15.2 By using the Platform, the User acknowledges having read the Privacy Policy.
16. Third-Party Services
16.1 The Platform operates with the support of third parties, including payment processors, delivery companies, identity verification providers and hosting providers. The use of any third-party service may also be subject to that third party's own terms and conditions and privacy policy.
16.2 Such third parties provide their services independently and under their own terms, and Taqqsit shall not be liable for their acts, omissions or failures.
16.3 Taqqsit does not guarantee the continued availability of any third-party service.
17. Disclaimer of Warranties
17.1 The Platform is provided on an "as is" and "as available" basis. Taqqsit does not warrant that the Platform will be uninterrupted, error-free, secure, free of bugs or compatible with the User's device or software.
17.2 Taqqsit may suspend the Platform, in whole or in part, for maintenance, upgrades or technical reasons, without incurring any liability.
17.3 Taqqsit shall not be liable for any interruption of or delay in the availability of the Platform resulting from maintenance, internet or network failures, software incompatibility, cyberattacks or any other technical event.
18. Limitation of Liability
18.1 To the fullest extent permitted under Lebanese law, Taqqsit shall not be liable for:
- any indirect or consequential loss;
- any loss of profit, revenue or opportunity;
- any loss, deletion or corruption of data;
- any failure or interruption of telecommunications or network services;
- any loss of business or replacement costs;
- any loss resulting from the inability to use the Goods;
- any manufacturer recall and any defect in the Goods covered by, remedied under, or falling within the scope of, the manufacturer's warranty;
- any loss resulting from incorrect or incomplete information supplied by the Customer;
- any misuse of the Goods or of the Platform by the Customer; or
- any act, omission or failure of any third party.
18.2 To the maximum extent permitted by Lebanese law, the aggregate liability of Taqqsit towards the User arising out of or in connection with these Terms, regardless of the cause of such liability or the number of claims, shall not exceed USD 300 (three hundred United States Dollars).
18.3 Nothing in these Terms excludes or limits any liability that cannot be excluded or limited under mandatory provisions of Lebanese law, including liability arising from fraud or gross negligence.
19. Indemnity
19.1 The Customer shall indemnify and hold Taqqsit harmless from and against any claim, loss, damage, fine, cost or expense, including reasonable legal fees, arising out of:
- the Customer's breach of these Terms or of the Customer Agreement;
- the Customer's misuse of the Platform or of the Goods;
- the Customer's violation of any applicable law or of any third-party right;
- any third-party claim relating to the Customer's use of the Platform or of the Goods;
- any regulatory fine or sanction imposed on Taqqsit as a result of the Customer's misconduct; and
- any misuse of identity documents by the Customer.
20. Force Majeure
20.1 Taqqsit shall not be liable for any delay or failure in the performance of its obligations resulting from events beyond its reasonable control, including war, civil unrest, natural disasters, power or telecommunications outages, acts of public authorities and import restrictions. The affected obligations shall be suspended for the duration of the event.
PART V – FINAL PROVISIONS
21. Amendments
21.1 Taqqsit may amend these Terms at any time. Amendments become effective upon their publication on the Platform, and the User's continued use of the Platform constitutes acceptance of the amended Terms.
22. Entire Agreement
22.1 These Terms, together with the Privacy Policy and the Customer Agreement, constitute the entire agreement between Taqqsit and the User with respect to the use of the Platform and supersede all prior communications, representations or arrangements relating thereto.
23. No Waiver
23.1 The failure of Taqqsit to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
24. Survival
24.1 Sections 14 (Intellectual Property), 18 (Limitation of Liability) and 19 (Indemnity), the Customer's payment obligations under the Customer Agreement, and any provision which by its nature is intended to survive, shall survive the termination of these Terms or the closure of the Account.
25. Severability
25.1 If any provision of these Terms is held invalid or unenforceable, the remaining provisions shall remain in full force and effect.
26. Assignment
26.1 Taqqsit may assign or transfer its rights and obligations under these Terms to any third party. The User may not assign any of its rights or obligations without the prior written consent of Taqqsit.
27. Electronic Communications
27.1 The User agrees to receive all communications and notices from Taqqsit by email, SMS, push notification or notice published on the Platform, and any such communication shall be deemed validly delivered.
28. Electronic Acceptance and Signature
28.1 The User's acceptance of these Terms and the execution of any document through the Platform, whether by one-time password (OTP), click acceptance, electronic acceptance or electronic signature, shall be legally binding and enforceable and shall have the same effect as a handwritten signature, in accordance with Law No. 81 dated 10/10/2018 on Electronic Transactions and Personal Data.
29. Headings
29.1 Headings are for convenience only and shall not affect the interpretation of these Terms.
30. Governing Law
30.1 These Terms are governed by and construed in accordance with the laws of the Republic of Lebanon.
31. Dispute Resolution
31.1 Any dispute arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the competent courts of Beirut.
32. Contact Details
32.1 For any inquiry relating to these Terms, the User may contact Taqqsit at: email: support@taqqsit.com, telephone: (+961) 81 300 811.