“Account” means either
(a) an electronic account on Alephpay’s web platform in your name (or the name of the corporation that you act on its behalf) in order to provide payment management services for one or more Cards according to these Terms and Conditions (a “Subscription Account”); OR
(b) a non-deposit non-interest bearing pre-paid electronic account with the Alephpay App associated with one Card and maintained for the sole purpose of managing money transferring (an “App Account”).
“App” is a mobile application available at Apple App Store ®, Google Play or other mobile or web application platforms or storefronts that allows access to certain services provided by Alephpay for the holders of App Accounts.
"Card" means the prepaid payment card that is issued to You, or, at Your request, to any App user authorized by you, by an Issuer. Each Card is linked to either your Subscription Account or your App Account.
“Issuer” means a third party that is licensed to provide financial services, issue and acquire payment cards, prepaid cards, credit cards, Internet acquiring or other payment services, that issues the Card pursuant to its engagement with Alephpay.
“Platform” is a web platform that allows access to certain services provided by Alephpay for the holders of Subscription Accounts.
“Services” means the App and the Platform.
In order to sign up to the Platform or the App, you need to create an account with us.
Alephpay reserves the right to deny your access to the Services if we reasonably believe you are in breach of these Terms for any reason whatsoever in our sole discretion
Types of Accounts
The Platform enables the holder of a Subscription Account to manage the allocation of funds to Cards associated with the Subscription Account subject to the terms and conditions of the respective Issuer.
You may register for an App Account if you are using a Card issued by an Issuer, and provided to you by an Alephpay business client under a valid engagement with Alephpay. The business client may instruct Alephpay via e-mail or via the Platform to allocate funds to a prepaid card activated in accordance with the foregoing.
Creating an Account
We, in our sole discretion, have the right to terminate or suspend your access to the Services immediately and with or without cause.
Subject to these Terms and our policies (including policies made available to you within the Services), we grant you a limited non-exclusive, non-transferable, non-sublicensable, revocable license to either:
(i) download, install and use a copy of our App on a mobile device or computer that you own or control and to run such copy of the App, solely for your own personal purposes, and to access and use our Services; or
(ii) use our Platform on a mobile device or computer that you own or control, solely for your own personal or internal business purposes, and to access and use our Services.
Using our Services does not give you ownership of any intellectual property rights in our Services or the content you access.
Your Account with our Services is not a bank account or a money account. You cannot store monies directly in an Account with Alephpay, but instead, the Alephpay Account may be used to manage the transfer of funds to Cards that were issued in accordance with these Terms. Any use of a Card, including transactions with third parties using the Card as payment means, dispute of transactions, loss or theft, is solely and exclusively subject to the respective Issuer’s terms and conditions.
The content on the Services, including without limitation, text, descriptions, products, software, graphics, all page headers, button icons, scripts, photos, interactive features, services, and any other content on the Services ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to us.
Content in the Services is provided to you “AS IS” for your information and personal use only and may not be used, copied, distributed, transmitted, broadcast, displayed, sold, licensed, de-compiled, or otherwise exploited for any other purposes whatsoever without our prior written consent. We reserve all rights not expressly granted in and to the Services. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security-related features of the Services or features that prevent or restrict use or copying of any Content or that enforce limitations on use of the Services.
“Alephpay”, the Alephpay logo, and other Marks are trademarks of Alephpay or our affiliate's Marks. All other trademarks, service marks, and logos used on our Services are the trademarks, service marks, or logos of their respective owners.
This section shall survive any termination of these Terms.
You will and you agree to:
You agree NOT to:
In connection with your use of the Services, we may send you service announcements, administrative messages, and other information. You may opt out of some of those communications.
We offer a range of subscription plans to our Services. Each such plan includes various fees for each Card under the Subscription Account, comprised of the following:
The Activation Fee, the Monthly Fee and the Deposit Fee will be collectively referred to as the “Fees”.
Payment obligations are noncancelable and fees paid are non-refundable.
Unless the Fees are paid by Customer (as defined in the respective Subscription Agreement that pursuant to which your Card was issued), You will pay the Fees as follows:
We reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to:
Alephpay expressly disclaims any liability that may arise out of disputes between you and the Issuer. Alephpay provides the Services but is not a payment service provider, and the relationship between you and the Issuer is solely subject to the Issuer’s terms and conditions.
As Alephpay is not involved in the actual contract between you and the Issuer or in the completion of a transaction, in the event that of a dispute with the Issuer, you release Alephpay and its affiliates (and their respective officers, directors, agents, investors, subsidiaries, and employees) from any and all claims, demands, or damages (actual or consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
Alephpay does not warrant, endorse, guarantee or assume responsibility for any service advertised or offered by a third party through the Platform or any hyperlinked website or featured in any banner or other advertising and Alephpay will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services, other than as provided herein.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE, OUR AFFILIATES AND OUR AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, LICENSORS, ASSIGNS AND AGENTS SPECIFICALLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.
WHILE WE MAKE REASONABLE EFFORTS TO ENSURE THAT THE SERVICES WILL FUNCTION AS CLAIMED, WE, OUR AFFILIATES AND OUR AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, LICENSORS, ASSIGNS AND AGENTS DO NOT GUARANTEE THAT THE SERVICES WILL BE FREE OF BUGS, SECURITY BREACHES, VIRUS ATTACKS AND THE LIKE, OR THAT IT WILL ALWAYS BE AVAILABLE. IN ADDITION, YOU AGREE THAT WE WILL NOT BE HELD RESPONSIBLE FOR ANY CONSEQUENCES TO USERS THAT MAY RESULT FROM TECHNICAL PROBLEMS OF THE INTERNET, SLOW CONNECTIONS, TRAFFIC CONGESTION OR OVERLOAD OF OUR OR OTHER SERVERS, ETC.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE, OUR AFFILIATES AND OUR AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, LICENSORS, ASSIGNS AND AGENTS SHALL NOT BE LIABLE FOR ANY LOSS OF MONEY, GOODWILL, REPUTATION, DATA, INTANGIBLE LOSSES, SPECIAL, INDIRECT, DIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, THAT RESULT FROM (I) THE USE OF, OR THE INABILITY TO USE, THE SERVICES; (II) ANY CONDUCT OF ANY THIRD PARTY ON THE SERVICES; OR (III) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS; EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES.
TO THE FULLEST EXTENT PERMITTED BY LAW, WE DO NOT ASSUME ANY LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN.
IN ANY EVENT AND WITHOUT LIMITING THE GENERALITY OF THIS SECTION TO THE EXTENT PERMITTED BY LAW YOU AGREE THAT OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES AND LOSSES SHALL NOT IN ANY CIRCUMSTANCES EXCEED THE GREATER OF (A) THE AGGREGATE OF THE AMOUNT (IF ANY) PAID BY YOU IN THE 12 MONTHS IMMEDIATELY PRECEDING BRINGING OF A CLAIM AGAINST US OR OUR AFFILIATES, OR (B) $100.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction or notification to you.
You agree to defend, indemnify and hold harmless us, our affiliates, and our and their respective owners, officers, directors, employees, agents, and/or licensors, from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including but not limited to attorney's fees) arising from: (i) your use of the Services; (ii) your violation of these Terms; (iii) your violation of any third party right, including without limitation any copyright, property, publicity or privacy right.
This defense, hold harmless and indemnification obligation will survive any termination of these Terms and your use of the Services.
You may terminate your use of our Services at any time by deleting your Account. However, if you have a Subscription Account, the deletion of your Account will not affect the validity of the agreement you have entered with us.
If you are the holder of an App Account, the deletion of your Account will not affect the use of the Card outside of our Services, but it may hinder the allocation of funds to your Card by the respective business client that has provided you with the Card. Your use of our Services will be terminated following the expiry date written on the Card, unless otherwise agreed with the Issuer or the respective business client that has provided you with the Card.
The following additional terms and conditions apply to you if you download the App from either the Apple App Store ®, Google Play or other mobile or web application platforms or storefronts authorized by us (each, a “Third Party Store”). To the extent that the other terms and conditions of these Terms are less restrictive than, or otherwise conflict with, the terms and conditions of this Section, the more restrictive or conflicting terms and conditions in this Section will apply, but solely with respect to the App and the Third Party Store. You acknowledge and agree that:
These Terms shall be governed and construed by the laws of the State of Israel, without respect to its conflict of laws principles. You agree to submit to the personal and exclusive jurisdiction of the courts located in Tel Aviv-Jaffa, Israel, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.
SOME JURISDICTIONS MAY NOT ALLOW OR LIMIT SOME OF THE PROVISIONS OF THESE TERMS, SO THAT SUCH PROVISIONS MAY NOT APPLY TO YOU.
Sections 5 to 13 shall survive any termination of these Terms and your use of the Services, including, without limitation, ownership provisions, warranty disclaimers, limitations of liability, indemnities and legal provisions.