You represent that You are an adult over the age of 18 and have the legal capacity to enter a contract in the jurisdiction where you reside.
You understand that We may discontinue or restrict Your use of the Website and/or WainApp for any reason or no reason with or without notice. Our decision in this regard will be final and binding upon You.
We reserve the sole right to add, delete or change, alter, amend this ToU from time to time at our sole discretion. The revised ToU shall become effective as soon as they are displayed on this Website and/or WainApp and after such an update, You may be prompted to agree to or decline an update of this ToU. You shall be solely responsible to make Yourself aware of the revised ToU before You continue to use the Website and/or WainApp and WainApp User Benefits. Your continued use of this Website and/or WainApp shall operate as a deemed acceptance of the revised ToU.
Content means promotional offers, coupons, vouchers and information uploaded by a Retailer to the Website. For the purpose of this ToU:
– “Voucher”, means a digital ticket or document that is:
(a) Worth a certain monetary value; OR
(b) Can be exchanged for a financial discount or rebate; AND
(c) Which may be spent only for specific reasons or on specific goods or services.
– “Sign in or Opt In or Log In”, means Your voluntary decision to make use of the Website or the WainApp and receive the service.
– “Retailer”, means a person who uploads Content to the Website.- “Service”, means the information and promotional offers delivery service provided through the System.
– “System”, means the WainApp, the Website and any other infrastructure through which WainApp makes the service available.
User Conduct. You must not:
You must not use the Website and/or the WainApp in any way that causes, or is likely to cause, the Website and/or the WainApp or access to it to be interrupted, damaged or impaired in any way You understand that you and not the Website and/ or the WainApp, is responsible for all electronic communications and content sent from your computer and/or mobile to us and you must use the Website and/or the WainApp for lawful purposes only. You must not use the Website and/or the WainApp for any of the following:
(1) for fraudulent purposes, or in connection with a criminal offense or other unlawful activity;
(2) to send, use or reuse any material that does not belong to you; or is illegal, offensive (including but not limited to material that is sexually explicit content or which promotes racism, bigotry, hatred or physical harm), deceptive, misleading, abusive, indecent, harassing, blasphemous, defamatory, libelous, obscene, pornographic, pedophilic or menacing; ethnically objectionable, disparaging or in breach of copyright, trademark, confidentiality, privacy or any other proprietary information or right; or is otherwise injurious to third parties; or relates to or promotes money laundering or gambling; or is harmful to minors in any way; or impersonates another person; or threatens the unity, integrity, security or sovereignty of any country WainApp service operates in or friendly relations with foreign States; or objectionable or otherwise unlawful in any manner whatsoever; or which consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any spam;
(3) to cause annoyance, inconvenience or needless anxiety;
(4) Impersonate any other person while using the System;
(5) Prevent any other person from using the System;
(6) Hack into any part of the System;
(7) Interfere with the servers or networks connected to the Site or to violate any of the procedures, policies or regulations of networks connected to the System;
(8) Send any unsolicited electronic messages (i.e. spam) or other advertisement or promotional material relating to WainApp
(9) Resell or export the software associated with the System; and
(10) Otherwise misuse the System or breach any relevant statute or rule of law.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, DOUBLE U MARKETING AND TECHNOLOGIES LLC, 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 WEBSITE AND/OR THE WAINAPP, EVEN IF DOUBLE U MARKETING AND TECHNOLOGIES LLC 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 MARKETING AND TECHNOLOGIES LLC OR ANY OF THE RELATED PARTIES EXCEED THE GREATER OF THE AMOUNT THAT YOU PAID TO US OR OUR DESIGNEES DURING THE ONE (1) MONTH PRIOR TO THE TIME THE CAUSE OF ACTION GIVING RISE TO LIABILITY AROSE.
Proprietary rights in content, and confidentiality
We are the sole and exclusive intellectual property owners of the Website and/or the WainApp. We exclusively own the copyrights, trademarks, service marks, logos, trade names, trade dress and other intellectual and proprietary rights in United Arab Emirates (hereinafter referred to as “IP Rights”) associated with our Website and/or WainApp, which may be protected by copyright, patent, trademark and other applicable intellectual property and proprietary rights and laws.
Unless You have agreed otherwise in writing with Us, nothing in this ToU gives You a right to use any of WainApp trade names, trademarks, service marks, logos, domain names, and other distinctive brand features.
You agree not to use any framing techniques to enclose any trademark or logo or other proprietary information of WainApp or remove, conceal or obliterate any copyright or other proprietary notice or source identifier, including without limitation, the size, colour, location or style of any proprietary mark(s). Any infringement shall lead to appropriate legal proceedings against You at appropriate forum for seeking all available/possible remedies under applicable laws. You cannot modify, reproduce, publicly display or exploit in any form or manner whatsoever any of the WainApp content in whole or in part except as expressly authorized by Us in writing.
Content and right to monitor
(i) 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.
(ii) 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).
(iii) You are responsible for Your Content. You represent and warrant that You are the sole author of, own, or otherwise control all of the rights to Your Content. Your Content was not copied from or based in whole or in part on any other content, work, or website. Your Content was not submitted via the use of any automated process. Use of Your Content by us, a third party, and Our and their users will not violate or infringe any rights of Yours or any third party. Your Content is truthful and accurate; and Your Content does not violate the terms or any applicable laws. If You provide a feedback or review, You represent and warrant that You are the sole author of that feedback or review, Your feedback or review does not reflect the opinion of WainApp, the feedback or review reflects an actual experience that You had, You were not paid or otherwise remunerated in connection with Your authoring or posting of the feedback or review; and You had no financial, competitive, or other personal incentive to author or post a feedback or review that was not a fair expression of Your honest opinion.
You agree not to: (i) submit material that violates anyone else’s proprietary rights, including privacy and publicity rights, or can be considered spam or junk mail; (ii) knowingly publish false or inaccurate information; (iii) submit material that is unlawful, obscene, defamatory, libellous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; or (iv) impersonate another person on the Website or the WainApp. WainApp does not endorse any content or any opinion, recommendation, or advice expressed therein, and we expressly disclaim any and all liability in connection with Your Content. We reserve the right to decide whether Content is appropriate and complies with this ToU, and may remove such content and/or terminate Your access for uploading material in violation of this ToU at any time without prior notice.
You assume all risks associated with Your Content, including anyone’s reliance on its quality, accuracy, or reliability, or any disclosure by You of information in Your Content that makes You personally identifiable. While we reserve the right to remove Content, we do not control actions or Content posted by Our Users and do not guarantee the accuracy, integrity or quality of any Content. You acknowledge and agree that content posted by Users and any and all liability arising from such content is the sole responsibility of the User who posted the Content, and not us.
We do not control or endorse and are not responsible for the Content submitted by Retailers, and we have no obligation to monitor Content. However, we reserve the right, at any time and without prior notice, to monitor, to remove, block, or disable access to any content that we, for any reason or no reason, consider to be objectionable, in violation of this ToU or otherwise harmful in our sole discretion. Subject to the requirements of applicable law, We are not obligated to return any of Your Content to You under any circumstances. Any review which is derogatory, defamatory or hateful and without any substantial evidence (e.g. photograph or video) may be taken down at our sole discretion.
The Website and/or the WainApp may include links to third party materials (linked sites, emails … etc). We will not be responsible for the contents of any linked site or be liable for any direct or indirect loss or damage suffered by you from accessing, using, relying on or trading with third parties. These links are provided to you only as a convenience, and the inclusion of any link does not imply our endorsement of the website or any association with their operators. We reserve the right to prohibit links to the Website and you agree to remove or cease any link upon our request. Further, you may not frame any part of the Website material by including advertising or other revenue generating material.
Where the App delivers ‘Vouchers’, you accept that the following applies:
(1) Vouchers are deemed to be redeemable at the point and time of being issued by the App.
(2) Voucher terms & conditions of use are set by the Retailer. We accept no responsibility for any terms & conditions attached to Vouchers.
(3) Period of Voucher validity is determined by the Retailer.
(4) Any limitation on the number of Vouchers per customer is determined by the Retailer.
(5) We accept no responsibility for any decisions made by the Retailer relating to redemption of Vouchers (this includes refusal to accept Vouchers).
(6) You agree that by performing an action within the App to ‘get-a-voucher’ that the App may add the Retailer offering that Voucher to your list of favorites. This might invoke automatic notifications by the App for this Retailer. You can edit or remove the Retailer from list of favorites at any time.
Disclaimer of Warranties
You acknowledge and agree that WainApp User Benefits are provided “as is” and “as available” and that availing benefits shall be at Your sole risk. To the fullest extent permitted by applicable law, Wain, and its respective officers, partners, employees, agents, affiliates, subsidiaries, and licensors (“WainApp Parties”) disclaim all warranties, express or implied, in connection with WainApp User Benefits. To the fullest extent permitted by applicable law, WainApp Parties make no warranties or representations that the WainApp User Benefits have been and will be provided with due skill, care and diligence or about the accuracy or completeness of the content and assume no responsibility for any (i) errors, mistakes, or inaccuracies of content relating to merchants, (ii) personal injury or property damage, of any nature whatsoever, resulting from Your access to and use of the Website and/or the WainApp, (iii) any unauthorized access to or use of Our servers and/or any and all personal information stored therein, (iv) any interruption or cessation of transmission to or from the Website and/or WainApp, (v) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the Website and/or the WainApp through the actions of any third party, (vi) any loss of Your data or content from the Website and/or WainApp (vii) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the Website and/or the WainApp. You are solely responsible for all of Your communications and interactions with other Users and with other persons with whom You communicate or interact as a result of Your use of the Website and/or the WainApp.
You agree to indemnify, defend, and hold harmless WainApp and its Related Parties from and against any third party 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 WainApp benefits, or products or included or advertised in the Website and/or WainApp; (iii) Your access to and use of the Website and/or WainApp; (iv) Your violation of any rights of another party; or (v) Your breach of this ToU, 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.
Termination of access
You have the right to cancel/ delete Your account registered with Us at any time. You may cancel Your account by following the instructions on the Website and/or WainApp. If You voluntarily terminate / delete Your account or allow Your account to lapse, You may reactivate Your account at any time through the account interface on the Website and/ or on the WainApp. Accounts terminated by WainApp for any type of abuse, including without limitation a violation of this ToU, may be reactivated at the sole discretion of WainApp. Upon any termination or suspension of Your account, the monitoring of all computers and/or mobile devices on which WainApp is installed shall cease and any information you have submitted on the Website and/or WainApp or that which is related to Your account may no longer be accessed by you.
Our failure to enforce any provision of this ToU shall in no way be construed to be a present or future waiver of such provision, nor in any way affect the right of any party to enforce each and every such provision thereafter. The express waiver by us of any provision, condition or requirement of this ToU shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.
If any portion of these Terms and Conditions is deemed to be invalid, illegal or unenforceable the remaining provisions shall remain in full force and effect.
Entire Agreement and Waiver
This ToU shall constitute the entire agreement between You and Us. No failure or delay by Us in exercising any right, power or privilege under the ToU shall operate as a waiver of such right or acceptance of any variation of the ToU and nor shall any single or partial exercise by either party of any right, power or privilege preclude any further exercise of that right or the exercise of any other right, power or privilege.
Partnership or Agency
None of the provisions of this ToU shall be deemed to constitute a partnership or agency between You and Us and You shall have no authority to bind Us in any form or manner, whatsoever.
The section and subject headings in this ToU are included for reference only and shall not be used to interpret any provisions of this ToU.
Governing Law & Jurisdiction
These Terms and Conditions will be governed by Unites Arab Emirates law and you agree to submit to the exclusive jurisdiction of the UAE Courts on all matters and disputes arising out of and relating to the Website and/or WainApp.