Contents1. Introduction2. Information about us and how to contact us3. Defined Terms4. Registration5. Account6. Prohibited Payments7. Funding and Receiving Payment8. Sending Payments9. Payment Terms10. Term and Termination11. Privacy; User Information12. Warranties13. Liability14. Indemnity15. General Provisions
- The Agreement: These Services – Terms and Conditions (including all Annexes and Policies) (the "Agreement"), each as may be modified from time to time as described in Clause 17.2, apply when You register for an Account or opt for using the Services with Mamo which enables You to make payments for purchasing products and/or services, make remittances and receive certain payments. In these Terms, “You”, “Your” and “Their” refer to the user of the Services and “We,” “Us,” “Our,” or “Mamo” refer to the provider of the Services. Further information regarding Mamo is set out in Clause 2.
- Why You should read them. These terms tell You who We are, how We will provide the Services to You, how You and We may change or end this Agreement, what to do if there is a problem and other important information.
- Eligibility. You may not use the Services and may not accept the Agreement if:
3.1 You are not of legal age to form a binding contract with Us and operate the Services; or
3.2 You are a person barred from receiving the Services under any applicable laws.
- Acceptance of the Agreement
4.1 A copy of the Agreement, as amended from time to time, is available to You on the App. In order to use the Services, You must first accept the Agreement. This Agreement forms a legally binding agreement between You and Mamo. You can accept the Agreement by clicking to agree to the Agreement through the App.
4.2 Throughout the duration of the Agreement, You may request to be provided with the Agreement, and a link to the Agreement will be sent to Your email address free of charge.
- The Services. This Agreement applies to Your use of the Services. Our Services enable users to use a digital wallet to pay for goods and services, withdraw / redeem funds in Your wallet and transfer funds within United Arab Emirates.
- Device eligibility. You are required to have an eligible device in order to use the Service. We, at Our own discretion, shall determine which devices are eligible to be used with the Service and shall provide you with a list of such devices or types thereof on request by You in the event you encounter an issue. Devices that have been unlocked in an unauthorised fashion or otherwise modified may not be eligible to use the Services. You are responsible for ensuring you maintain access to all devices and accounts (such as your registered email account and Your Account) as necessary to receive communications from us in relation to the Services.
- Client Classification. We will treat you as a Retail Client as defined by the DFSA’s Rules.
2. Information about us and how to contact us
- We are Mamo Limited (trading as Mamo) a company registered in Dubai International Financial Centre, whose registered office is at Unit GA-00-SZ-L1-RT-196, Level 1, Gate Avenue - South Zone, Dubai International Financial Centre, Dubai, United Arab Emirates. Mamo Limited is a subsidiary of Mamo Ltd., a holding company incorporated in the Cayman Islands, having its address at Walkers Corporate Limited, Cayman Corporate Centre, 27 Hospital Road, George Town, Grand Cayman KY1-9008, Cayman islands.
- We are authorised by the DFSA to carry out money services including money transmission, providing or operating a payment account, issuing payment instruments and issuing stored value.
- Client Money
3.1 We may hold Client Money (as defined in the DFSA Rules) on your behalf.
3.2 Client Money held on your behalf is subject to the DFSA’s Client Money Provisions, as a result: (a) all Client Money is held separate from money belonging to Mamo; and (b) in the event of insolvency, winding up or other Distribution Event (as defined in the DFSA Rules), the Client Money will be subject to the DFSA’s Client Money Distribution Rules;
3.3 We will not pay interest on any Client Money held on your behalf.
3.4 We may hold Client Money in a jurisdiction outside of the DIFC. The market practices, insolvency and legal regime applicable in that jurisdiction may differ from the regime applicable in the DIFC.
3.5 Please see Clause 11 (Payment Terms) for further details as to when Mamo may realise Client Money held on your behalf to settle your obligations to us, in particular clause 11.3 relating to Deductions.
- Conflicts of Interest
4.1 There may be occasions where Mamo, or another customer of Mamo may have a conflict of interest with services or transactions provided to you.
4.2 Should Mamo not be able to manage a conflict of interest, we will disclose the nature of the conflict to you prior to completing a service or transaction.
- You can contact Us by writing to Us by email at firstname.lastname@example.org or through the support facility within the App.
- If We have to contact You We will do so by telephone, email, App-chat facility, chat bots or other method in Our discretion.
3. Defined Terms
The following defined terms appear in this Agreement:
"Account" means the account You open with Mamo for the use of the Service.
"Account Limit" means AED 18,000, being the equivalent of USD $4,900 at current exchange rates.
"App" means Mamo Personal App.
"Application" means internet or mobile-based services and applications.
"Available Balance" means the amount labelled as such on the App reflecting the total amounts transferred to Your Account within the Recharge Limit, and is the balance of funds you can use from Your Account in accordance with this Agreement.
"Business Day" means any day other than a Saturday or Sunday or a public holiday in the United Arab Emirates.
"Credentials" means Your password and access keys.
"Current Balance" means the amount labelled as such on the App reflecting the sum of Your Available Balance and any other amounts transferred to Your Account exceeding the Recharge Limit.
"Cut Off Time" means 4:00pm on a Business Day or any time during a non-Business Day.
"Daily Limit" means AED 3,500, being the equivalent of USD $952.90 at current exchange rates.
"DFSA" means the Dubai Financial Services Authority.
"Mamo Materials" means any software (including without limitation developer tools, sample source code, and code libraries), data, materials, content and printed and electronic documentation (including the Specifications and any integration guides) developed and provided by Us to You for download from the App. Mamo Materials do not include any software, data or other materials specifically made available by Us under separate license terms or that were created by a third party, including without limitation software provided under an open source license. the Dubai Financial Services Authority.
"Policies" means all applicable policies, notices, procedures, specifications, guides and guidelines that are provided or made available to You, appear on the Apps or are referenced in this Agreement.
"Recharge Limit(s)" means the limits of funds that You can transfer in a period of time to Your Available Balance, as set by Mamo from time to time, in Your Account, including but not limited to recharge transfers, reversals and any other forms of transfers into Your Account. Currently, the recharge limit is AED 10,000 per month.
"Services" means the wallet and payments services We provide under this Agreement and as described in Clause 1.5.
"Supplemental Account" means a sub-Account that you may request subject to the availability of the service.
"Transaction Limit" means AED 3,500, being the equivalent of USD $952.90 at current exchange rates.
- To use the Services, You must complete all required information elements on the Mamo registration process and open up an Account with Us.
- You must be at least 18 years old to open an Account for the use of the Services. Mamo may open a Supplemental Account at Your request for the use of your dependents under the age of 18. You will be fully responsible for the use of any Supplemental Account which Mamo will treat as forming part of Your Account.
- You must provide current, complete and accurate information and maintain it as current and accurate during Your use of the Services. You agree to provide any information that We may require or that may be required by law or Our financial institutions to provide the Services. You will promptly give Us all documents and other evidence that We reasonably ask for at any stage of using the Services. We may require You to provide additional information to verify Your identity as a condition of providing the Service to You or before We permit You to make payments or receive or redeem funds from Your Account. You agree to provide such information as Mamo may require in this regard, including information necessary to validate Your identity or confirm the authenticity of any funding instrument that You register for use with Mamo.
- We may make, directly or through any third party, any inquiries We consider necessary to validate information that You provide to Us, including without limitation checking commercial databases or credit reports. While We will take steps to verify the identity of Our users, We cannot and do not guarantee any user identity.
- If You do not meet Our eligibility requirements, You may not be able to register and open an Account with Us or Your use of the Service will be limited.
- We treat all activities in respect of an Account to be Yours. You must only use the Services to transact on Your own account and not on behalf of any other person or entity. All activities under a Supplemental Account shall be considered as activities of the Account.
- You must update registration information promptly upon any change so that it is at all times complete and accurate. We reserve the right to refuse to provide or discontinue the Service to any person or entity at any time for any reason.
- You may be prompted to answer several security questions or select other issued security access keys or credentials that may be used to enable access to the Service and authorize transactions. You are responsible for maintaining the secrecy and security of Your Credentials. You should not disclose Your Credentials to any third party. If any of Your Credentials is compromised, You must notify Us immediately by using the methods specified in Clause 2.5 so that We can suspend use of Your Account with Our Service in order to avoid unauthorized transactions. You must also notify Us through the method described in Clause 2.5 if You wish to request Us to unblock Your Account. You will not be financially responsible for any use of Your Account by an unauthorized person or for fraudulent transactions occurring before or after You properly notify Us of the loss or compromise, unless You act fraudulently or You acted negligently and did not take reasonable steps to keep Your Credentials safe and secure.
- Your Account will enable You to:
1.1 transfer funds from Your bank account, debit card or credit card to Your Account;
1.2 transfer funds from Your Available Balance to bank accounts held in your name;
1.3 make wallet to wallet transfers.
You may not use, or attempt to use, Your account for any other purpose.
- Your Account is an e-money account. You acknowledge that Your Account is not a bank account. There is no overdraft facility available on Your Account and we do not pay interest to you.
- Mamo is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that Mamo may make new services available to You. We will notify You of any amendments to the Agreement resulting from the introduction of new services by email or by providing a link to the updated Agreement at least thirty (30) days prior to the new service becoming available and the terms of Clause 15.2 will apply.
- You acknowledge and agree that Mamo may stop providing the Services to You as provided in the Agreement. You may stop using the Services at any time. You do not need to inform Mamo when You stop using the services.
- You acknowledge and agree that Mamo may establish general practices and limits concerning the use of the Services without prior notice to You, including without limitation individual or aggregate transaction limits on the value or number of transactions during any specified time period(s) and Recharge Limits. In addition to any applicable account limits and Recharge Limits, We may restrict transactions to or from Your Account or limit access to Your wallet in such amounts and for such time as We reasonably deem necessary to protect Us or other users if (a) We are subject to financial risk, (b) You have violated any term of this Agreement, (c) any dispute exists involving Your Account or transaction conducted in connection therewith, or (d) needed to protect the security of Our systems. We may restrict access to Your Account while We complete any pending investigation or resolve a pending dispute. We also may hold the funds in Your Account as required by law or court order or if otherwise requested by law enforcement or any governmental entity. For the facilitation of the foregoing, Your Account will show the Current Balance and the Available Balance. You will only be able to use funds showing in your Available Balance for payments and transfers from Your Account. Amounts in Your Current Balance exceeding the Available Balance may not be used for payments and transfers from Your Account and they will automatically and gradually be transferred to Your Available Balance as soon as the Recharge Limit(s) permit doing so, otherwise, You may request the transfer of the full Current Balance to a bank account You own upon the closing of Your Account. Mamo may decline any request to load Your Account while the Recharge Limits are reached.
- Mamo may refuse to execute any transactions or orders or other use of the services if Mamo has reasonable grounds to suspect fraud, a breach of the applicable Agreement by You or a violation of law. Transactions may also be delayed due to Mamo's or a third party's compliance with its obligations under applicable anti-money laundering legislation, including if Mamo or the relevant third party suspects the transaction involves fraud. In the event that Mamo refuses to execute a transaction or order or other use of the services, You will be notified and We will provide You with objectively justifiable reasons for the refusal, unless it is unlawful for Mamo to do so, or would compromise reasonable security measures.
- Funding, payments and transfers are displayed in Your Account and You should check Your wallet balance and transaction history regularly. You should report any irregularities or clarify any questions You have as soon as possible using the methods specified in Clause 2.5.
- We will provide You with a history of the transactions that You make under this Agreement free of charge, including details of the amounts, the fees, charges and commissions, the dates and times of execution and the reference numbers for each transaction. This history is available on the App for you to view at any time. If you wish to request additional account history in a downloadable format, please contact us at email@example.com.
- The balance of funds held in Your Account cannot exceed the Account Limit (calculated on the prevailing exchange rate of UAE Dirhams to United States Dollars).
- No single transaction relating to funds in Your Account (including receiving funds) can exceed the Transaction Limit (calculated on the prevailing exchange rate of UAE Dirhams to United States Dollars).
- On any given day, You may not send payments which, in aggregate, exceed the Daily Limit (regardless of the currency in which payments are sent; we will apply exchange rates at the prevailing rate when determining whether the Daily Limit has been exceeded). We will not process any transaction which will cause You to exceed the Daily Limit.
6. Prohibited Payments
- We reserve the right to impose acceptable use terms in relation to the operation of Your Account and the provision of any Services including the prohibition of certain categories of transactions for example payments in relation to gaming, cryptocurrencies such as Bitcoin and all other virtual currencies by specifying these on the App. We will notify You in the event that We impose such terms in relation to Your Account at least thirty (30) days before the terms are implemented.
- You must not use Your Account for any illegal purposes including without limitation fraud and money laundering. If You conduct or attempt to conduct any transaction in violation of the prohibitions Mamo reserves the right to reverse the transaction, and/or close or suspend Your Account and/or report the transaction to the relevant law enforcement agency and/or claim damages from You.
7. Funding and Receiving Payment
- Funds paid by You or a third party will be credited to Your Account on the Business Day they are received. If We receive funds after the Cut Off Time on a Business Day or on a day that is not a Business Day, funds will be deemed to have been received on the next Business Day, apart from transfers from other Mamo Personal wallet accounts where funds are credited instantly. We shall not be responsible for the funds until they are received by Us.
- In the event that the funds are subject to a reversal, We will deduct such reversed transaction from the balance of Your Account. If Your Account balance is insufficient to cover the reversal, We reserve the right to require repayment from You.
- You should regularly reconcile incoming payments with Your own records. You should be aware that the crediting of funds to Your Account does not mean that these transactions cannot be reversed. We reserve the right to reverse a payment where the payer or the payer’s bank or payment service provider has reversed (or is reasonably likely to reverse) a payment to Your Account.
- All payments to Us from third party sources (such as banks) must be ascribed a clear and complete reference so that We can credit the funds into Your Account. The App will state your unique reference that should be used to ensure the funds are promptly credited to Your Account.
- It is Your responsibility to ensure that accurate, complete and correct references are ascribed for each incoming payment so that We can credit the funds into Your Account. If no reference or an incorrect reference or any required information is missing or incorrect in relation to the payment transaction, then We may: (i) attempt to identify the destination account through other means available to us; or (ii) reject the payment transaction and not credit Your Account; or (iii) seek to obtain the missing or corrected information from the payer’s payment service provider before crediting Your Account; or (iv) on a risk-sensitive approach, request the required information from the payer’s payment service provider after crediting Your Account. In such cases, We will not be liable for any loss You incur, although We will use reasonable efforts to investigate and credit or return incorrect and inaccurately referenced payments into or from Your Account.
- We will provide You, after the execution of a payment credited to You, with the following information upon request: (i) a reference to enable You to identify the payment transaction and where appropriate the payer and any information transferred with the payment transaction; (ii) the amount of the payment transaction in the currency in which the funds are at Your disposal; (iii) the amount of fees or charges for the payment transaction payable by You; (iv) the exchange rate used in the payment transaction by Us; and (v) the date on which the payment transaction was credited to Your account.
8. Sending Payments
- We will consider any instruction for a payment transaction to have been authorised by You once You have given Us consent to carry it out. You consent to making a payment by following the on-screen prompts when using the App and using one of the tools We make available for You to confirm payments.
- For the purposes of this Agreement, sending payments from Your Account means making payments from Your Account to third party beneficiaries or instructing funds in Your Account to be transferred to another account in Your name with a third party.
- We will send payments in accordance with Your instructions to third party beneficiaries or another account held in Your name that You specify to Us in accordance with Your instructions. When making payments to yourself and not to a third party beneficiary, We will only make a payment to a bank account or to debit or credit card where You are the named holder of such account.
- All payment instructions must be made through the App. It is Your responsibility to ensure that accurate, complete and correct payment instructions for the beneficiary of a payment (including payments to yourself) are provided to Us through the App.
- This includes but is not limited to providing Us with correct details for the beneficiary to which You would like the payment sent. If You provide incorrect beneficiary details We will not be liable for any loss You incur, although We will use reasonable efforts to assist You in the recovery of Your payment. If We are unable to recover the funds on Your behalf, We will, on receipt of a written request from You, provide to You all available relevant information in order for You to claim repayment of the funds at no extra cost.
- You are required to provide Us with any additional information that We request with regard to a payment within two (2) Business Days of Our request. You consent to Us including Your full name, address and account number (and any other details as are required to enable Us to comply with Our anti money laundering procedures) on the payment details to be sent to the beneficiary's bank or payment service provider to comply with anti-money laundering regulations.
- If Mamo receives a payment instruction by the Cut Off Time on a Business Day, Your payment instruction will be deemed to have been received by Us on that Business Day. If Your payment instruction is received after the Cut Off Time or on a day that is not a Business Day, Your payment instruction will be deemed to have been received on the next Business Day.
- After the receipt of a payment instruction, We will provide You with: (i) a confirmation of the successful or unsuccessful initiation and execution of the payment instruction; (ii) (a) the date and amount of the payment instruction; and (b) information relating to the payee; (iii) the amount of the payment instruction, any related fees or charges, including the actual currency and conversion rates used, and withdrawal charges, where applicable; and (iv) the date on which We received the payment instruction.
- You must notify Us in writing as soon as is reasonably practicable after You become aware of any unauthorised or incorrectly executed payments. In order to claim a refund for an unauthorised or incorrectly executed payment transaction on Your Account You must notify Us without undue delay after becoming aware of the unauthorised or incorrect transaction and, at the latest, You must notify us within six months. Mamo will not be liable for incorrectly executed payments where You have failed to provide prompt notice of such matters and You will have no redress with respect to such transactions if You do not notify Mamo within six months of the transaction date. We will use reasonable efforts to recover the funds from the incorrect recipient of the funds and the recipient’s payment service provider (but without accepting liability for any losses You have incurred as a result of providing incorrect information in connection with a payment).
- Mamo may refuse Your payment instruction because for example You are in material breach of this Agreement or We reasonably believe the payment to be unlawful. In these circumstances We shall notify You using Your supplied contact details, stating wherever possible the reasons for Our refusal, and the procedure for rectifying any payment detail errors that led to the refusal. We are not obliged to notify You of Our refusal to execute the proposed transaction where We reasonably believe that such a notification would be unlawful.
- We may block any payment instruction if our systems detect, or we have other reason to believe, that the instruction may be fraudulent. We do not accept any liability to You with respect to any payment instruction where You have acted fraudulently. You will always be liable in full, with respect to Mamo’s costs, losses, and damages and any of the same suffered by You or a third party as a result of You acting fraudulently or with gross negligence.
9. Payment Terms
- You agree to pay all applicable fees whenever You use Our Service. Our fees are detailed here: https://support.mamopay.com/hc/en-us/articles/6378184550941-Are-there-any-fees-to-use-the-Mamo-pay-app-. Mamo will notify You of the applicable fees from time to time but prior to You authorising a payment transaction. All fees are within Mamo's discretion. All Fees are stated exclusive of any applicable sales taxes or similar (such as VAT) which Mamo may be required to collect from You. You agree to pay all such applicable taxes to Mamo.
- Mamo reserves the right to change Our Fees at any time. Fees are assessed against the amount of the transactions, including all applicable charges (e.g., shipping, taxes, etc.). We will notify You of any changes to the Fees at least thirty (30) days in advance of such changes coming into effect. If You do not agree to these changes, You can elect not to use the Services at Your convenience, and You may terminate this Agreement without cost to You provided You tell us You wish to terminate before the end of the period which is thirty (30) days from the date We notify You of the change to the Fees.
- To the extent permitted by law, We may set off against Your balance in Your Account or debit Your funding instrument for any obligation You owe Us under this Agreement, including without limitation any Fees and applicable taxes (“Deductions”). All Deductions are charged at the time We process a transaction and are deducted first from the transferred or collected funds and thereafter from Your Balance. If You owe Us an amount that exceeds Your balance in Your Account, We may charge or debit the funding instrument or You will pay Us the full amount of the outstanding Deductions upon receipt of Our invoice. You will be liable for and pay Us upon invoice all costs associated with collection in addition to the amount collected, including without limitation attorneys’ fees, court costs, collection agency fees, and any applicable penalty.
- In the event there is an error in the processing of any transaction, You authorize Us to initiate debit or credit entries to Your Account to correct such error, provided that any such correction is made in accordance with applicable laws and regulations.
- You are responsible for determining any and all taxes and duties, including without limitation, sales, use, transfer, value added, withholding, and other taxes and/or duties assessed, incurred, or required to be collected, paid, or withheld for any reason in connection with any request for or performance or use of the Service, Your use of the App, the sale or purchase of any products or services, or otherwise in connection with any action, inaction, or omission by You or any affiliate of yours, or any of Your or Their respective employees, agents, contractors, or representatives (“Taxes”). You also are responsible for collecting, withholding, reporting, and remitting correct Taxes to the appropriate tax authority. We are not obliged to determine whether Taxes apply and are not responsible for calculating, collecting, reporting, or remitting any Taxes to any tax authority arising from any transaction.
10. Term and Termination
- This Agreement commences on the date that You register for an Account with Us on the App. The Agreement will continue unless and until terminated in accordance with the provisions of this Clause 10.
- Unless otherwise agreed in writing by You, You may terminate this Agreement at any time by sending a request to firstname.lastname@example.org. Upon closure of Your Account, any pending transactions will be cancelled.
- Except as otherwise agreed in writing, We may terminate the Service and this Agreement, for any reason at any time by providing prior written notice to You. Without limiting the foregoing, We may suspend the Service and block access to Your Account (including without limitation the funds in Your Account) if (a) You have violated the terms of this Agreement, (b) We determine that You pose an unacceptable credit or fraud risk to Us, (c) You provide or have provided false, incomplete, inaccurate, or misleading information (including without limitation any registration information) or otherwise engage in fraudulent or illegal conduct, (d) We have security concerns regarding Your Account, including Your Credentials, or (e) We suspect unauthorized or fraudulent use of Your Account or any payment information in Your Account. In such cases We will inform You of the suspension of Your Account and the reasons for it, where possible, before the suspension and at the latest immediately thereafter, unless We determine giving such information would compromise security concerns or is prohibited by applicable law. We will reactivate Your Account or Credentials, or replace it or them, as applicable, once We have resolved the reasons for suspension. You must notify Us through the methods specified in Clause 2.5 if You wish to request Us to reactivate Your Account.
- We will not be liable to You for compensation, reimbursement, or damages of any kind, direct or indirect, including damages on account of the loss of prospective profits, anticipated sales, goodwill, or on account of expenditures, investments, or commitments in connection with Your use of the Service, or in connection with any termination or suspension of the Service. Upon termination of this Agreement for any reason: (a) You will remain liable for all fees, charges and other payment obligations that have been incurred through the date of termination with respect to the Service; and (d) Your access to the App will be terminated. In addition to any payment obligations under this Agreement, and any other terms which by Their nature will survive the termination or expiration of this Agreement, the following Clauses of this Agreement survive and remain in effect in accordance with Their terms upon the termination of this Agreement.
- If after termination of the Agreement there are funds in Your Account, upon Your request, Mamo will redeem the full amount of the outstanding e-money. You may request redemption of Your funds to be provided by transfer to Your bank account (in which case You will need to provide Us with Your bank account details). We will process redemption request within one (1) month of receipt of Your request. Mamo will do its best to provide redemption of the funds on Your Account by the method You have chosen, but retains a discretion to determine the method to be used based on the amount of funds that You hold.
11. Privacy; User Information
- You represent and warrant to Us that: (a) You are eligible to register and use the Service and have the right, power, and ability to enter into and perform under this Agreement and grant the rights, licenses and authorizations You grant under this Agreement; (b) the name identified by You when You registered is Your name or the business name under which You sell products and services; (c) any sales transaction submitted by You will represent a bona fide sale by You as described on Your web-App or Application; (d) You will only use the Service to transact on Your own account and not on behalf of any other person or entity; (e) You and all transactions initiated by You will comply with all laws, rules, and regulations applicable to Your business, including any applicable tax laws and regulations; (f) You will not use the Service, directly or indirectly, for any fraudulent undertaking or in any manner so as to interfere with the use of the Service; (g) You are not subject to sanctions or otherwise designated on any list of prohibited or restricted parties or owned or controlled by such a party, including but not limited to the lists maintained by the United Nations Security Council, the US Government (e.g., the US Department of Treasury’s Specially Designated Nationals list and Foreign Sanctions Evaders list and the US Department of Commerce’s Entity List), the European Union or its member states, or other applicable government authority.
- We (and our licensors) make no express warranties or representations with respect to the provision of the Services.
- In particular, we (and our licensors) do not represent or warrant to You that:
3.1 Your use of the Services will meet Your requirements;
3.2 Your use of the Services will be uninterrupted, timely, secure or free from error; and
3.3 any information obtained by You as a result of Your use of the Services will be accurate or reliable.
- No conditions, warranties or other terms (including any implied terms as to satisfactory quality, fitness for purpose or conformance with description) apply to the Services except to the extent that they are expressly set out in the Agreement.
- Nothing in the Agreement will exclude or limit Our liability for losses which may not be lawfully excluded or limited by applicable law.
- Subject to Clause 13.1, we (and our licensors), will not be liable to You for any, loss of profit; loss of goodwill or reputation; loss of business; loss of revenue; loss of data; or any indirect or consequential losses.
- Subject to Clause 13.1, we (and our licensors), will not be liable to You for any loss or damage which may be incurred by You as a result of:
3.1 any reliance placed by You on the completeness, accuracy or existence of any advertising, or as a result of any relationship or transaction between You and any advertiser or sponsor whose advertising appears on the App;
3.2 any change which We may make to the Services, or any permanent or temporary cessation in the provision of the Services (or any features within the Services);
3.3 malfunction of the Services;
3.4 the deletion of, corruption of or failure to store any communications data maintained or transmitted by or through Your use of the Services;
3.5 Your failure to provide Us with accurate account information; or
3.6 subject to Clause 4.8, any fraudulent use of the Services by You.
- You will indemnify, defend and hold harmless Us (and our respective employees, directors, agents and representatives) from and against any and all claims, costs, actions, suits, or demands and any related losses, damages, liabilities, judgments, tax assessments, penalties, interest, and expenses (including without limitation reasonable attorneys’ fees) arising out of any claim, action, audit, investigation, inquiry, or other proceeding instituted by a person or entity that arises out of or relates to: (a) any actual or alleged breach of Your representations, warranties, or obligations set forth in this Agreement, including without limitation any violation of Our Policies; (b) any actual or alleged infringement, misappropriation or violation of any third-party rights or applicable law by Your trademarks used in connection with the Service or Your webApp or Application using the Service; (c) Your use of the Service; or (d) any transaction submitted by You through the Service.
15. General Provisions
- We may provide all communications and information related to the Service and Your Account, including without limitation agreements related to the Service, amendments or changes to such agreements or any Policies, disclosures, notices, transaction information, statements, responses to claims and other customer communications that We may be required to provide to You by law (collectively, “Communications”) in electronic format. Communications may be posted to the App or sent by e-mail to the e-mail address We have on file for You, and all such Communications will be deemed to be in “writing” and received by and properly given to You. Communications will be in the English language and any other language required by law. You are responsible for printing, storing and maintaining Your own records of Communications, including copies of this Agreement. This condition does not affect Your statutory rights, including the right to request a copy of this Agreement.
- We may modify the terms of this Agreement, the Specifications, any Policy, or the features of the Service at any time however We will provide You with at least thirty (30) days notice before We implement any such changes. We will notify You of any updated Agreement or Policy by posting it to the App. If You do not agree to any change to this Agreement, the Specifications, any Policy or feature of the Service, You may terminate this Agreement and close Your account without charge to You for such termination. You will be deemed to accept the changes to Policies, the Specifications, this Agreement, or the features of the Service (as applicable) if You do not terminate this Agreement by the date which is thirty (30) days from the date that We notified You of the change. You are at all times responsible for reading and understanding each version of this Agreement and Our Policies.
- Nothing in this Agreement is intended to or creates any type of joint venture, employee-employer, escrow, partnership, or any fiduciary relationship between You and Us. Further, neither party shall be deemed to be an agent or representative of the other by virtue of this Agreement. Neither party is authorized to, and will attempt to, create or assume any obligation or liability, express or implied, in the name of or otherwise on behalf of the other party. Without limiting the generality of the foregoing, neither party will enter into any contract, agreement or other commitment, make any warranty or guaranty, or incur any obligation or liability in the name or otherwise on behalf of the other party.
- You may not assign or transfer any rights, obligations, or privileges that You have under this Agreement without Our prior written consent. Subject to the foregoing, this Agreement will be binding on each party’s successors and permitted assigns. Any assignment or transfer in violation of this Clause 15.4 will be deemed null and void.
- To be effective, any waiver by a party of any of its rights or the other party’s obligations under this Agreement must be made in a writing signed by the waiving party. No failure or forbearance by either party to insist upon or enforce performance of any of the provisions of this Agreement or to exercise any rights or remedies under this Agreement or otherwise constitutes a waiver or relinquishment to any extent of such party’s right to assert or rely upon any such provision, right, or remedy in that or any other instance; rather, the same will be and remain in full force and effect.
- If any portion of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, the remaining portions of this Agreement will remain in full force and effect and, upon Our request, the court will construe any invalid or unenforceable portions in a manner that most closely reflects the effect and intent of the original language. If such construction is not possible, the provision will be severed from this Agreement and the rest of the Agreement remains in full force and effect.
- This Agreement and any non-contractual obligations arising out of or in connection with this Agreement shall be governed and interpreted in accordance with the laws of the Dubai International Financial Centre. Any disputes arising from or related to this Agreement shall be determined in accordance with the dispute resolution procedures established by DFSA from time to time or, if no such dispute resolution procedure exists, shall be subject to the exclusive jurisdiction of the Courts of the Dubai International Financial Centre.
- If You wish to make a complaint about the Service, You can make a complaint by sending an email to email@example.com. We will ensure that all complaints are handled and addressed in a fair and timely manner. We will communicate with You regarding Your complaint within a period of seven (7) days from the date of receipt (unless You notify Us that the complaint has been resolved). We will respond to You with a decision regarding Your complaint within fifteen (15) working days from the date We receive the complaint. Our complaint handling policy is available free of charge and upon request.
- This Agreement, including without limitation the Policies, constitutes the entire agreement of the parties with respect to the subject matter of this Agreement, and supersedes and cancels all prior and contemporaneous agreements, claims, representations, and understandings of the parties in connection with the subject matter of this Agreement. Except as expressly provided above, no modification or amendment of this Agreement will be binding on Us unless set forth in writing and signed by Us.