Terms of Service

Acceptance of Terms

The www.wainapp.com and www.wainplatform.com (“Websites”) and WainApp mobile application are  innovative marketing platform that allows retailers to advertise, promote to consumers in real time via mobile smartphone portal (“WainApp”) owned and operated by Double U Marketing & Technologies LLC (“Double U”), a company incorporated under the laws of United Arab Emirates.

wain.ae                       wainapp.com               wainmanage.com
wainplatform.com       wainpulse.com            wainapp.net
wainapp.co                  wainapp.ru                  wainapp.it
wainapp.fr                   wainapp.co.uk             wainapp.uk
wainapp.sa.com          wain.sa.com                wainapp.in
wainapp.qa                 wain.qa

‘WainApp©’ is a registered trademark of Double U Marketing & Technologies LLC.

These term and conditions are the agreement between you, “Merchant” (“Client”, “you”, “your” or the “Customer”) and Double U LLC (“DOUBLE U” or “we” or “our” or “us”).

This Terms of Service (“TOS”) sets out the terms and conditions on which Double U shall provide the services to you through the Website and/or through WainApp. In addition to this TOS and depending on the services opted for by you, you shall be required to read and accept such other TOS for such services, which may be updated or modified by Double U from time to time.

This TOS is effective for all existing and future Double U user accounts including but without limitation to users having access to ‘business page’ to manage their claimed business listings. In order for you to use our Service, you must agree to

In order for you to use our Service, you must agree to these TOS. We reserve the right to update this TOS from time to time without notice to you.

Definitions

(1) “Content” Posts and any other data, images and other material associated with a Post. “Content” will include Posts and (but is not limited to) images, photos, location data, nearby places, and all other forms of information or data. “Your content” or “User Content” means content that you upload, share or transmit to, through or in connection with the Service, such as likes, ratings, reviews, images, photos, messages, profile information, and any other materials that you publicly display or already displayed in your advertisement. “Wain” means content that Double U creates and make available in connection with the Service including, but not limited to, visual interfaces, interactive features, graphics, design, compilation, computer code, products, software, aggregate ratings, reports and other usage-related data in connection with activities associated with your account and all other elements and components of the Service excluding Your Content and third party content. “Third Party Content” means content that comes from parties other than Double U or its users and is available on the Service.

(2) “Merchant Account” is a secure online portal that enables Merchants to manage WainApp advertisement and other business information.

(3) “Post” refers to the placement of an advertisement on the Website and/or the WainApp.

(3) “Push Notification” an instant message sent to mobile devices with WainApp installed and “opted-in” by the Merchant to Push Notifications. Push Notifications are triggered by the adding of a combination of Retailer, Store Location and/or Category to a user’s favorites list.

(4) “Refresh” refers to the repost of an existing promotion/ advertisement which is already existing on the WainApp by the Merchant currently live.

(5) “Registration Data” is the information that is collected during the process of “Registration” e.g. business registered name, website, store name, location co-ordinates, contact name, phone number etc.

(6) “Registration” is the process of registering a WainApp Merchant Account.

(7) “Service” is the act of creating of in-store promotions and other offers on the WainApp Application platform via a Merchant Account.

(8) “Sites” means any venue, store, property or location that is owned or operated by the Merchant or by one of Merchant’s subsidiary companies or its Affiliates.

(9) “Platform”, means the WainApp Digital Service platform that consists of the website(s) www.wainapp.com  and www.wainplatform.com & mobile application.Merchant Registration Obligations

Merchant Registration Obligations

You represent that you are of legal age to form a binding contract and are fully able and competent to understand and agree the terms, conditions, obligations, affirmations, representations, and warranties set forth in this TOS. By using the Website and Service or clicking the “I Accept” button, you hereby warrant, represent, covenant and certify the following:

– All information that you provide to Double U is true and accurate;

– You will not use the Website, Service or the Accessed Activities in violation of any law, rule, ordinance or governmental regulation you are subject to. Notwithstanding the foregoing, Double U is not responsible for your access or use of the Services;

– You shall maintain and promptly update the Registration Data to keep it true and accurate. If you provide any information that is untrue or inaccurate or DOUBLE U has reasonable grounds to suspect that such information is untrue or inaccurate, DOUBLE U has the right to suspend or terminate your account with immediate effect and shall refuse any and all current or future use of the Service;

– You will only use the Website and Service for lawful purposes;

– You will properly follow all instructions and documentation provided by Double U to you on the Website; and

– You will not allow any other person to access the Service.Merchant Account and Security

Merchant Account and Security

In order to use the Service, you must register. This allows your Sites to be properly located, phone numbers to be made available and DOUBLE U to confirm your details as provided during the registration are correct.

We reserve the right to decline a new Registration or to cancel an existing Registration at any time and at our sole discretion.

During the Registration process you are required to choose a username and password. You must keep the password confidential and immediately notify DOUBLE U in case there is an apprehension that any third party becomes aware of that password or if there is any unauthorized use of your email address or any breach of security.

You agree that any person to whom your username or password is disclosed by you is authorized to act as your agent for the purposes of using the Service. Please note that you are entirely responsible if you do not maintain the confidentiality of your password and in no way Double U can be held responsible.

DOUBLE U cannot and will not be liable for any loss or damage arising from your failure to comply with this section.

Merchant Conduct

You agree to not use the Service to:
– Make available any content to direct users to websites or online resources as opposed to physical retail locations. The Website and/or the WainApp are designed for the communication of in-store promotions, and not for the provision of advertising websites.

– Make available any content that is unlawful, harmful, threatening, abusive, harassing, tortuous, indecent, defamatory, discriminatory, vulgar, profane, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable or encouraging money laundering or gambling.

– Harm minors in any way.

– Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.

– Make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party.

– Make available content that you do not have a right to make available under any law or under any contractual or fiduciary relationships.

– Interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service.

– Intentionally or unintentionally violate any applicable local, state, national or international law or regulation (for example, by disclosing or trading on inside information in violation of securities law).

– To cause annoyance, inconvenience or anxiety.

– For a purpose other than which we have designed them or intended them to be used.

– For any fraudulent purpose.

– That contains material that violates the standards of the Service.

– Constitutes a form of deceptive advertisement or causes, or is a result of, a conflict of interest.

– Distributes computer viruses or other code, files, or programs that interrupt, destroy, or limit the functionality of any computer software or hardware or electronic communications equipment.

– Threaten the unity, integrity, defense, security or sovereignty of the country of use, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting to any other nation;

– Attempt to do any of the foregoing.

DOUBLE U may reject, refuse to post or delete any Posts for any or no reason, including, without limitation, content that in the sole judgment of DOUBLE U violates this TOS, including our Privacy Policy.

Furthermore, you may not (or permit anyone else to do) any of the following:

– Resale of the Service (without prior written permission from DOUBLE U).

– Accessing the Service in such a way as to, or commit any act that would or does, impose an unreasonable or large load on DOUBLE U infrastructure.

– Executing any form of network monitoring which will intercept data not intended for you.

You acknowledge, consent and agree that DOUBLE U may access, preserve and disclose your account information and content if required to do so by law or in a good faith and belief that such access is reasonably necessary to:

– Comply with legal process.

– Enforce the Terms and Conditions.

– Respond to claims that any Content violates the rights of third parties.

– Respond to your requests for customer service.

– Protect the rights, property or personal safety of Service users and the public.

Any Content uploaded by you, shall be subject to relevant laws of United Arab Emirates and of the country of use and may be disabled, or and may be subject to investigation under applicable laws. Further, if you are found to be in non-compliance with the laws and regulations, these terms, or the privacy policy of the Website, Double U shall have the right to immediately block your access and usage of the Website and/or the WainApp and Double U shall have the right to remove any non-compliant content and or comment forthwith, uploaded by you and shall further have the right to take appropriate recourse to such remedies as would be available to it under various statutes.

Restrictions and conditions on use of Service

– Double U permits you to view and use the Website and/or the WainApp solely for your use as per the terms of this TOS. You agree not to license, reproduce, publicly perform, publish, create derivative works from, distribute, transfer, sell or re-sell any information, content, or services obtained from or connected to the Site in any way not contemplated by this TOS.

– You agree that you will not, in connection with your use of the Website and/or the WainApp or the Service, violate any applicable law or regulation. Without limiting the foregoing, you agree that you will not make available through the Website and/or the WainApp or Service any material or information that infringes any copyright, trademark, patent, trade secret, or other right of any party.

– Notwithstanding anything to the contrary, you may not: (i) remove any proprietary notices from the Service or any copy of the Website and/ or the WainApp; (ii) cause, permit or authorize the modification, creation of derivative works, translation, reverse engineering, decompiling, disassembling or hacking of the Website and/or the WainApp or the Service; (iii) sell, assign, rent, lease, act as a service bureau, or grant rights in the Website and/or the WainApp or Service, including, without limitation, through sublicense, to any other entity without the prior written consent of Double U; or (iv) make any false, misleading or deceptive statement or representation regarding Double U and/or the Site or the Service.

– You agree that you will not use any type of bot, spider, virus, clock, timer, counter, worm, software lock, drop dead device, Trojan-horse routing, trap door, time bomb or any other codes, instructions or third-party software that is designed to provide a means of surreptitious or unauthorized access to, or distort, delete, damage or disassemble the Website and/or the WainApp or the Service.

You agree that you will ensure correct Post details like expiry dates and details of promotions while using the Services for promotion.

As a Merchant, you may have your own applicable terms and conditions, in relation to your supply of goods and services, and you agree to (and shall) abide by those terms and conditions and you shall further ensure that your terms and conditions shall not be contrary to the terms of this TOS .

You agree and undertake to display the appropriate WainApp Membership details in a prominent position at the Merchant premises.

Data Provided to Double U

– DOUBLE U relies on the data supplied by you during registration and Post placing process for use in the Service. Further Double U takes no responsibility for any information provided by you which is incorrect or inaccurate including geo-location data and you shall indemnify Double U from any claim or action of the third party arising out of such incorrect or inaccurate information.

– The Site may contain links to websites operated by other parties. Double U provides these links to other websites as a convenience, and use of these sites is at your own risk. The linked sites are not under the control of Double U, and Double U is not responsible for the content available on the other sites. Such links do not imply Double U’s endorsement of information or material on any other site and Double U disclaims all liability with regard to your access to and use of such linked websites.

Sharing Your Content and Information

– For content that is covered by intellectual property rights, like photos, texts, diagrams and videos (IP content), you specifically give us the following permission, subject to your privacy settings you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post on or in connection with the Website and/ or the WainApp (IP License). This IP License ends when you delete your IP content or your account unless your content has been shared with others, and they have not deleted it.

– When you delete IP content, it is deleted in a manner similar to emptying the recycle bin on a computer. However, you understand that removed content may persist in backup copies for a reasonable period of time (but will not be available to others).

Termination

If you use (or anyone other than you with your permission uses) the Service in contravention to this TOS, we may suspend your use of the Service.

You agree that DOUBLE U shall, under any circumstances and with or without prior notice, immediately terminate your Merchant account and access to the Service.

Cause for such termination shall include, but not be limited to breaches or violations of the TOS or requests by law enforcement or other government agencies or a request by you or non-payment of any fees owed by you in connection with the Service.

You agree that all terminations shall be made at Double U’s sole discretion and that Double U shall not be liable to you or any third party for any termination of your account.

Upon termination of the Service, your right to use the Service and software shall immediately cease. You shall have no right and Double U shall have no obligation thereafter to execute any of your uncompleted tasks or forward any unread or unsent messages to you or any third party. Once your registration or the Service is terminated, cancelled or suspended, any data that you have stored on the Website and/ or WainApp shall not be retrieved later.

Indemnity

– You agree to indemnify, defend, and hold harmless us from and against any claims, damages (actual and/or consequential), actions, proceedings, demands, losses, liabilities, costs and expenses (including reasonable legal fees) suffered or reasonably incurred by us arising as a result of, or in connection with: (i) Your Content, (ii) Your unauthorized use of the Service, or products or included or advertised in the Website and/ or the WainApp; (iii) Your access to and use of the Website and/or the WainApp; (iv) Your violation of any rights of another party; or (v) Your breach of this TOS, including, but not limited to, any infringement by you of the copyright or intellectual property rights of any third party. We retain the exclusive right to settle, compromise and pay, without your prior consent, any and all claims or causes of action which are brought against us. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims.We assume no responsibility for monitoring the Website for inappropriate Content or conduct.  If at any time DOUBLE U chooses, at its sole discretion, to monitor the Service, we nevertheless assume no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content.

– We assume no responsibility for monitoring the Website for inappropriate Content or conduct.  If at any time DOUBLE U chooses, at its sole discretion, to monitor the Service, we nevertheless assume no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content.

Warranties

You expressly understand and agree that:

(1) Your use of the Service is at your sole risk and understanding. The Service is provided on an “as is” and “as available” basis. DOUBLE U and its subsidiaries, affiliates, officers, employees, agents, partners and licensors expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.

(2) DOUBLE U and its subsidiaries, affiliates, officers, employees, agents, partners and licensors make no warranty that:

– The Service will meet as per your requirements;

– The Service will be uninterrupted, timely, secure or error-free;

– The results that may be obtained from the use of the Service will be accurate or reliable;

– The quality of any products, services, information or other material purchased or obtained by you through the Service will meet your expectations; and

– Any errors in the software will be corrected.

(3) DOUBLE U is not responsible for and makes no warranties, express or implied, as to any Content on the Service, including, without limitation with respect to the accuracy and reliability of the Content whether caused by us, by Merchants, by any of the equipment or programming associated with or utilized by the Service, or otherwise.

(4) The Content does not necessarily reflect the opinions or policies of DOUBLE U.  DOUBLE U is not responsible for the conduct, whether online or offline, of any Merchant for the Service including, without limitation, any Content posted by any Merchant.

(5) DOUBLE U assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of any communication.

(6) To the maximum extent permitted by law, Double U, its affiliates, licensors and business partners (collectively, the “related parties”) disclaim all liability, whether based in contract, tort (including negligence), strict liability or otherwise, and further disclaims all losses, including without limitation direct, indirect, incidental, consequential, or special damages arising out of or in any way connected with access to or use of the site, and/or service, and/ or related parties have been advised of the possibility of such damages. Without limiting the foregoing, in no case shall the liability of double u or any of the related parties exceed the amount that you paid to us during the one (1) months prior to the time the cause of action giving rise to liability arose.

Limitation of Liability

Subject to applicable law, you expressly understand and agree that DOUBLE U and its holding companies, subsidiaries, affiliates, officers, employees, agents, partners and licensors shall not be liable to you for any direct, indirect, incidental, special, punitive, consequential or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses, resulting from:

– The use or the inability to use the Service;

– The cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Service;

– Unauthorized access to or alteration of your transmissions or data;

– Statements or conduct of any third party on the Service; or

– Any other matter relating to the Service.

Refund Policy

We do not give refunds if you simply change your mind or make a wrong decision after Registration & activation of the account.

Privacy

Please review our Privacy Policy, which is incorporated into and forms part of this TOS.

Trial Policy

The company may offer a free trial period for new clients that would like to try the service. During the trial period all clauses and terms of the agreement is applicable, except clauses that is related to payments. During the trial period the client may be allowed to access partial or full feature of the platform; each trial package will have it specific terms and conditions that needs to be reviewed and accepted by the client.

Pricing Policy

All transactions are processed in US$ currency (United States dollars).

WainApp posts have no expiry date, are not transferable, cannot be exchanged and are not refundable.

Unless otherwise agreed or used together with a promotion voucher/coupon, pricing can be located on our website at: http://www.wainapp.com

Payment Settlement

The Merchant agrees to pay DOUBLE U the total amount each month for the use of the Service.

The total amount is determined by the Merchant in selecting number of store locations and number of concurrent adverts. The total amount per month is calculated by multiplying the Price for that number of concurrent adverts by the number of Stores.

For the sake of clarity, if a Merchant has 5 store locations and has selected the WainApp product bundle of $39 (for 2 concurrent adverts per month), then the total amount that would be charged to the Merchant’s credit card/debit card /cheque/fund transfer through NEFT/RTGS per month in advance would be $195 ($39 * 5).

The Merchant hereby fully authorizes DOUBLE U to debit from the provided Merchant credit/ debit card for the total amount as determined by the Merchant during the process of their WainApp Billing Plan set-up or edit.

Payment for use of the Service is for a period of one (1) month, three (3) months, six (6) months and twelve (12) months  and the payment shall always be initiated at the beginning of the selected plans as mentioned or on the first day of his billing period/ cycle i.e. advance payment for the use of Service in case of nominated Merchant credit/ debit cards. For the purpose of this clause, one month shall be equivalent to 30 (thirty) calendar days.

Cancelling Service

Cancelling of the Service constitutes an instruction from the Merchant to stop recurring monthly billing for use of the Service.

– The Merchant may choose to cancel the Service at any point of time.

– Upon cancelling the Service by the Merchant, all active Posts and configured Posts for future activation will also be cancelled.

– DOUBLE U will not issue or be liable for any full nor pro-rata refunds where the Merchant cancels the Service on a day that is not the last day of his billing period/ cycle.

– On cancelling of the Service, the Merchant will continue to have access to their account for a limited period. However, the Merchant will not be able to make any Posts until the billing status on their account has been updated and recurring credit/ debit card payment is re-activated.

Security

When making payment to Double U, the Merchant’s financial details are passed through a secure server using 256-bit SSL (secure sockets layer) encryption technology. Merchants should contact DOUBLE U customer support for any Security Policy queries: privacy@wainapp.com

Not an Agent

DOUBLE U does not act as an agent of the Merchants for the Service. The Merchant and not Double U, is the supplier of any product or offering contained in a Post. The Merchant is solely responsible for the products and offers contained in a Post. The Merchant is solely responsible for ensuring all redemption of product made available or advertised using the Service and is done in a lawful manner.

For the purposes of illustration where a Post includes the sale and/or supply of alcohol or tobacco, that sale and/or supply is made by the Merchant and not by DOUBLE U and the Merchant is solely responsible for complying with all applicable laws relating to that sale/supply.

Intellectual Property Rights

– It is not permitted to (and not for any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the data or software of the Service. You agree not to modify the software in any manner or form, nor to use modified versions of the software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by DOUBLE U for use in accessing the Service.

– All intellectual property rights including the various rights conferred by statute, common law and in equity and in relation to copyright, patents, trademarks, service marks, trade names and/or designs (including the “look and feel” and other visual or non-literal elements) whether registered or unregistered in (a) the Website and/or the WainApp and Service, (b) information content on the Website and/or the WainApp or accessed as part of the Service, (c) any database operated by us and (d) all the website design, text and graphics, software, photos, videos, music, sounds, and their selection and arrangement, and all software compilations, underlying source code and software (including applets and scripts) are owned by DOUBLE U or is licensed to DOUBLE U. You shall not, and shall not attempt to, obtain any title to any such intellectual property rights. All rights are reserved.

– None of the material listed above may be reproduced or redistributed or copied, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, sold, rented or sub-licensed, used to create derivative works, or in any way exploited without our prior express written permission. You may not reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the Website or accessed as part of the Service without the express written permission of DOUBLE U.

– All rights including goodwill and, where relevant, trademarks in the WainApp name are owned by DOUBLE U or licensed to DOUBLE U. Other product and company names mentioned on the Website are the trademarks or registered trademarks of third parties.

– Double U does not claim ownership of any materials you make available through the Site. At Double U’s sole discretion, such materials may be included in the Service in whole or in part or in a modified form. With respect to such materials you submit or make available for inclusion on the Website and/ or the WainApp, you grant Double U a perpetual, irrevocable, non-terminable, worldwide, royalty-free and non-exclusive license to use, copy, distribute, publicly display, modify, create derivative works, and sublicense such materials or any part of such materials. You hereby represent, warrant and covenant that any materials you provide do not include anything (including but not limited to text, images, music or video) to which you do not have the full right to grant the license specified in this clause.

Governing Law, Dispute Resolution & Jurisdiction

This TOS shall be governed by and constructed in accordance with the laws of United Arab Emirates without reference to conflict of laws principles.

In the event of any dispute arising between you and Double U, the applicable law will be the governing laws i.e. laws of United Arab Emirates. Double U is always open to first attempting to resolve the dispute in an amicable and unceremonious manner.

However, if Double U believes that the dispute cannot be resolved in the manner abovementioned, then the other party agrees that Double U may refer any dispute arising out of, or in connection with, this TOS, including any question regarding its existence, validity or termination, to be finally settled by a binding arbitration. Such arbitration shall be conducted under the laws applicable in United Arab Emirates as governing laws.

All disputes shall be referred to and finally resolved by arbitration under the Arbitration Rules of the DIFC-LCIA Arbitration Centre, which Rules are deemed to be incorporated by reference into this clause. The arbitration proceedings shall be conducted in the English language. If any arbitration commenced pursuant to this clause, (i) the number of arbitrators shall be [one/three]; and (ii) the seat, or legal place, of arbitration shall be Dubai, United Arab Emirates. The arbitration award shall be final and binding on the parties. The arbitral tribunal may award reasonable attorneys’ fees and the cost of the arbitration to the prevailing party.

Judgment upon the award rendered by the arbitrator(s) may be entered by any court having jurisdiction thereof or having jurisdiction over the relevant party or its assets.

If the arbitral panel has not been formed, any party may seek interim relief from any court having jurisdiction thereof or having jurisdiction over the relevant party or its assets, to which both you and Double U hereto do hereby submit for this limited purpose.

All disputes arising out of or related to your use of the Website and/or the Service shall be subject to the exclusive jurisdiction of the Court of law located within Dubai, United Arab Emirates and you agree to submit to the personal jurisdiction and venue of such courts.

Customer Service

DOUBLE U is committed to providing the highest level of customer service. If you have any questions about the Service, please email at privacy@wainapp.com

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