Effective Date: September 1, 2022
The Website belongs to SocialFul FZCO, a company incorporated in Dubai Silicon Oasis Authority, the United Arab Emirates, having license number 8650 and its registered address Dubai Silicon Oasis, DDP, Building A2, Dubai UAE United Arab Emirates (“us”, “we”, “our” and/or “SocialFul FZCO”). Capitalized terms used in this Wallet Terms of Use that are not defined herein, shall have the same meanings ascribed to them in our Terms and Conditions.
These Terms of Use and all policies and additional terms (if applicable) posted on the Website set out the terms on which we offer you access to and use of our virtual wallet on our Website (“E-Wallet”).
1. ACCESS TO THE E-WALLET.
1.1 You agree to:
1.1.1 use your E-Wallet only for lawful purposes and in a lawful manner at all times and further agree to conduct any activity relating to the E-Wallet in good faith;
1.1.2 comply with any and all guidelines, notices, operating rules, and policies and instructions pertaining to the use of the E-Wallet, as well as any amendments thereto issued by us from time to time; and
1.1.3 ensure that any information or data you provide to us in connection with the E-Wallet is accurate.
1.2 It is our policy to prohibit and actively pursue the prevention of money laundering and any activity that facilitates money laundering or the financing of terrorist or criminal activities. We are committed to anti-money laundering compliance in accordance with applicable law and requires our directors, officers and employees to adhere to these standards in preventing the use of our products and services for money laundering purposes.
1.3 Use of the E-Wallet is restricted to registered Members of our Website.
2. MEMBERSHIP CREATION AND REGISTRATION.
2.1 The membership creation and registration process for your account requires you to provide us with accurate and complete personal information, including your name, address, phone number, date of birth, email address and any other information as may be deemed necessary by us ("Registration Information"). You shall be responsible to update the Registration Information to ensure its completeness and accuracy.
2.2 In addition to such Registration Information, we may request for additional information or documentation at any time and for any reason, including confirming your identity, age and/or to confirm your bank details or debit, credit, prepaid facilities, for example, cards which you have registered with us. You agree that you will provide such information and/or documentation promptly to us upon request. If you do not provide such information and/or documentation promptly, we may, without any liability to us, either limit your use of the E-Wallet or suspend or close your E-Wallet.
2.3 You authorize us to make any enquiries we consider necessary to validate and verify your identity (whether directly or through third parties) at any time for any reason whatsoever, including to process any refunds paid to you.
2.4 Each Member is only entitled to have one (1) E-Wallet associated with his or her account.
2.5 You are solely responsible for keeping your username and password to your E-Wallet secure. You are encouraged to change your password on a regular basis and we will not be liable for any disclosure or unauthorized use of your username or password. If your username or password has been compromised, you must inform us immediately.
2.6 All Personal Data provided to us will be handled, stored, and processed according to our Privacy Policy. By accepting our Terms and Conditions, you acknowledge that you have read and agree with the Privacy Policy and consent to our collection, use and disclosure of your Personal Data for the purposes as set out in the Privacy Policy.
3. E-WALLET BALANCE.
3.1 You may maintain funds in your E-Wallet, and such funds, less any monies owed to us, will be regarded as the balance of your E-Wallet ("E-Wallet Balance"). Funds can be accumulated in your E-Wallet Balance by means of a transfer of funds from Payment Method(s) we accept.
3.2 You may also fund your E-Wallet by way of a Promo Coupon or a Refund Coupon issued to you by us from time to time. Use of any Promo Coupons or Refund Coupons is subject to the terms and conditions thereof. Please note that Promo Coupons or Refund Coupons are not legal tender and are not transferable. The value of any Promo Coupons (prior to its applicable expiry date) and/or Refund Coupons will be included in your E-Wallet Balance.
3.3 For any transfer from a Payment Method to your E-Wallet Balance, we make no representation that any of your Payment Method(s) are in good standing, or that the issuer of your Payment Methods will authorize or approve such transfer.
3.4 Unless otherwise stated, you are solely liable for any fees raised by third parties including card issuers or banks, associated with funding your E-Wallet Balance. However, we reserve the right to decline acceptance of any payment methods, including credit cards, debit cards or bank accounts, as funding methods at our sole discretion
3.5 We reserve the right to impose limits on your use of your E-Wallet from time to time, including (i) the amount of value you may load your E-Wallet at any one time; and (ii) the aggregate funds loaded to your E-Wallet over any time period.
4. USING YOUR E-WALLET.
4.1 You may use your E-Wallet to purchase goods and/or services through the Website. For security reasons, we may limit the amount or number of transactions you can make through your E-Wallet. We may require that you submit additional identification documents prior to you making a purchase at our sole discretion.
4.2 Each time you use your E-Wallet, you authorize us to reduce the value available in your E-Wallet Balance by the total amount of the transaction and where applicable, any fees, including shipping fees, payment fees and all applicable taxes. The amount of any purchases will first be applied to any Promo Coupons or Refund Coupons, if applicable, (based on the earliest expiry date for each such Promo Coupon or Refund Coupon) which have been credited to your E-Wallet Balance. You can only make payments using your E-Wallet to the extent that you have E-Wallet Balance sufficient to support those transactions. You can purchase in excess of your E-Wallet Balance by using E-Wallet Balance and one of the Payment Methods accepted by our website.
4.3 You are responsible for all transactions initiated and fees incurred by using your E-Wallet. If other persons access your E-Wallet, we will treat this as if you have authorized such use and you will be responsible for any transactions made and fees incurred by such use, subject to the provisions below.
4.4 You must notify us immediately of any unauthorized use of your E-Wallet or any other breach of security regarding the E-Wallet of which you have knowledge. You must report any such activities within thirty (30) days of the date of the relevant transaction for any claims for unauthorized use of your E-Wallet to be valid for consideration under our Privacy Policy. You hereby waive your right to seek any further compensation or claim against us.
4.5 The details in the confirmation message after every transaction and the entries in your E-Wallet or transaction history statement are presumed true and correct unless you notify in writing of any disputes thereon within thirty (30) days from the date of transaction. If no dispute is reported within the said period, all transactions and the entries in your E-Wallet and transaction history statement are deemed conclusively true and correct. Disputed transactions shall only be credited back to your E-Wallet once the relevant claim or dispute has been properly processed, investigated, and proven in your favor.
4.6 Notwithstanding anything to the contrary under our Privacy Policy, you agree that we will not process any chargeback or payment reversal or otherwise compensate you for any loss resulting from any claims for unauthorized use of your E-Wallet under any of the following events, as determined at our sole and absolute discretion:
4.6.1 where any such claims relate to transactions that are found to be conducted on your trusted device, your IP address or any other user‐acceptable boundaries;
4.6.2 where you have acted fraudulently or with negligence, including but not limited to cases where you have willfully disclosed your E-Wallet log-in details to a third party;
4.6.3 if you fail to provide us with any relevant documentation as reasonably requested by us in relation to any such unauthorized transactions;
4.6.4 where any funds in your E-Wallet are subject to legal process or other encumbrance restricting transfer;
4.6.5 where any such transactions took place under circumstances beyond our control, including but not limited to natural disasters, civil unrest etc. which are beyond reasonable control; and/or
4.6.6 where any terminal or system (including our website or services) was not working properly or suffering any other technical malfunction before you initiated the relevant transaction.
4.7 Subject to clauses 6 and 7.4, no redemption of cash, transfer of funds or cash withdrawal is permitted in respect of any amounts on your E-Wallet.
4.8 We shall have the right to refuse any transaction on your E-Wallet if:
4.8.1 the transaction does not satisfy these Terms of Use or the Terms and Conditions of your Account; or
4.8.2 where we have reason to believe that the transaction may violate any laws, rules or regulations or may otherwise subject us or any of our affiliates to liability or obligation.
4.8.3 such transaction involving the use of any Promo Coupon or Refund Coupon where we suspect any coupon abuse or fraud or any illegal activities in relation to your E-Wallet.
4.9 When using your E-Wallet to pay for a purchase on the Website, payments may be processed through accounts owned by us or one of our affiliates and/or a registered third-party service provider acting on our behalf.
4.10 For each purchase transaction, you make on the Website, we will transfer funds from your E-Wallet when the first of any of the following events occurs:
4.10.1 you receive confirmation of a successful completion of the purchase from us;
4.10.2 you fail to confirm receipt of the products or services within the time limit prescribed under the terms and conditions of the Website, in which case you will be deemed to have received the products or services;
4.10.3 the conclusion of any settlement agreement or dispute between you and any other user of the Website and/or us, in which case the funds will be disposed in accordance with such settlement agreement or dispute resolution; or
4.10.4 we or any of our affiliates receive any order, ruling, award or judgment from a competent court, arbitration tribunal or authority which directs us to release the funds, in which case the funds will be disposed in accordance with such order, ruling, award or judgment.
4.11 When releasing any funds, we shall have the right to deduct or withhold any financial charges or Service Fees due and payable to us in such amounts
4.12 If you experience any difficulties with your E-Wallet, please contact us at the email address at the end of the Terms. If you have placed an order on the Website and experience difficulties with your order, please contact customer service by emailing us at the email address at the end of the Terms.
4.13 You shall complete any purchases in accordance with the applicable Terms and Conditions of the Website, which may be amended from time to time at our discretion without notice.
4.14 You agree to give all notices, provide all necessary information, materials and approvals, and render all reasonable assistance and cooperation necessary for us to operate your E-Wallet. If your failure to do so results in any delay in any transaction on your E-Wallet, we will not be liable for any loss or damages arising from such delay.
4.15 You acknowledge and agree that we are not a bank or remittance agent and the services we provide to you in connection with your E-Wallet should in no way be construed as the provision of banking services or remittance services. We are not acting as a trustee, fiduciary or escrow with respect to your Account Balance.
4.16 We may report any suspicious activity in connection with your E-Wallet to the relevant authorities.
5. FEES.
We reserve the right to impose fees to cover the relevant costs of providing the E-Wallet services to you including those associated with the set-up and maintenance of your E-Wallet (“Service Fee”).
6. REFUNDS.
If, having purchased goods or services on our Website using your E-Wallet, you are subsequently entitled to a refund for any reason in respect of such goods or services, you agree that we will credit it to your E-Wallet Balance for such refunds.
7. CLOSURE AND NON-USE OF YOUR E-WALLET.
7.1 You may request that we close your E-Wallet at any time by contacting our customer support team at the email address at the end of the Terms.
7.2 We may, at any time and at our absolute and sole discretion:
7.2.1 discontinue your use of the E-Wallet or any part thereof;
7.2.2 close your E-Wallet; and/or
7.2.3 deactivate your E-Wallet upon the completion of any relevant internal investigations (where applicable).
7.3 We shall endeavor to provide notice of any such discontinuation or closure of your E-Wallet. You agree that we shall not be liable to you in relation to any inability of yours to access your E-Wallet or any part thereof.
7.4 Closure of your E-Wallet will not cancel any cleared transactions which you have already undertaken.
7.5 If your E-Wallet is closed for any reason, we will contact you to arrange for the refund of any residual electronic funds in that E-Wallet as set out in clause 7.6. In no event shall you be entitled to any refund in respect of any E-Wallet Balance attributable to Promo Coupons.
7.6 You remain liable for all obligations related to your E-Wallet. Closure of your E-Wallet does not relieve you of any liability pertaining to your E-Wallet. In the event of a pending investigation at the time your E-Wallet is closed, we may continue to hold your funds for up to one hundred and eighty (180) days from the date of closure in order to protect us against any loss. If we suspect that you have used your E-Wallet for any illegal purposes, we may hold any outstanding E-Wallet Balance for such time as we determine in our absolute discretion or as required by law.
7.7 We will refund any electronic funds in your E-Wallet as soon as practicable after its closure through any payment method we deem in our discretion most suitable, on the condition that you provide us with.
8. AMENDMENTS.
We may amend these Terms of Use any time by posting an updated version at our website’s page Wallet Terms of Use. The updated version of these Terms shall take effect immediately upon posting. Each time you use your E-Wallet you confirm that you agree to be bound by these Terms as may be amended from time to time.
9. AVAILABILITY OF E-WALLET.
We may, from time to time and without giving any reason or prior notice to you, upgrade, modify, suspend or discontinue the provision of your E-Wallet and we shall not be liable if any such upgrade, modification or suspension prevents you from accessing your E-Wallet or any part of it.
10. REPRESENTATIONS, WARRANTIES, AND INDEMNITY.
By accepting these Terms of Use, you represent and warrant that you are at least [18] years of age and not violating any applicable laws or regulations through your use of your E-Wallet, and you agree to defend, indemnify and hold us, our indemnitees, affiliates and authorized representatives harmless from any claim, demand (including legal fees and costs), fines, penalties or other liability incurred by us due to or arising out of your breach of this representation and warranty.
11. RESTRICTED ACTIVITIES.
11.1 In connection with your use of your E-Wallet, you shall not:
11.1.1 provide false, inaccurate or misleading information;
11.1.2 use your E-Wallet for any illegal activities;
11.1.3 use your E-Wallet in a manner that may result in complaints, disputes, claims, penalties or other liability to us, other users or third parties or may be regarded as an abuse of the relevant card system or a violation of the relevant card association or network rules; or
11.1.4 breach our Terms and Conditions and/or the Privacy Policy or violate any applicable laws and regulations.
11.2 If we, in our sole discretion, believe that you may have engaged in the above restricted activities, we may take various actions, including the following:
11.2.1 We may suspend or restrict your access to and/or close your E-Wallet;
11.2.2 We may terminate these Terms of Use and refuse to provide the services to you;
11.2.3 We may place a hold on your E-Wallet Balance for up to 180 days if reasonably needed to protect against the risk of liability; or
11.2.4 We may take legal action against you.
11.3 If you are below 18 years old you must obtain consent from your parent(s) or legal guardian(s). By consenting to your acceptance of these Terms of Use, your parent(s) or legal guardian(s) are agreeing to take responsibility for: (i) your actions in your use of the E-Wallet; (ii) any charges associated with your use of any of the E-Wallet; and (iii) your compliance with these Terms of Use. If you do not have consent from your parent(s) or legal guardian(s), you must cease using the E-Wallet.
12. DISCLAIMER.
12.1 You agree that all risks arising from your use of the E-Wallet will be borne by you.
12.2 We make no warranty that:
12.2.1 the E-Wallet will meet your requirements;
12.2.2the E-Wallet services will be uninterrupted, timely or error free; or
12.2.3 any products, information or material purchased by you using the E-Wallet will meet your requirements.
12.3 Except as expressly provided in these Terms of Use and to the fullest extent permitted by law, the E-Wallet and related services are provided “as is”, “as available” and “with all faults”. All such warranties, representations, conditions, undertakings and terms, whether express or implied, are hereby excluded.
12.4 To the fullest extent permitted by law, we and our affiliates shall not be liable for any indirect, consequential, incidental, special or punitive damages, including damages for loss of profits or revenues, business interruption, loss of business opportunities, loss of data or loss of other economic interests, whether in contract, negligence, tort or otherwise, arising from your use of or inability to use the E-Wallet and related services. In any event, our total aggregate liability to you under these Terms of Use or in relation to your use of the E-Wallet will not exceed your E-Wallet Balance at the point in time when such liability arose.
12.5 Some jurisdictions do not allow the exclusion of implied warranties or the limitation or exclusion of liability for incidental or consequential damages, so the foregoing exclusions or limitations may not apply to you. You may also have other rights that vary by jurisdiction and other jurisdictions.
12.6 In the event that it is demonstrated that you are below the age of 18 when you agreed to these Terms of Use, we shall not be liable for any loss suffered by you arising out of the use of the E-Wallet.
13. NOTICES.
13.1 Notices from us:
13.1.1 You agree that all notices or other communications from us are deemed to have been given to you if: (a) communicated through any print or electronic media as we may select from time to time, will be deemed to be notified to you on the date of publication or broadcast; or (b) sent by post or left at your last known address, received by you on the day following such posting or on the day when it was so left.
13.2 Notices from you:
13.2.1 You may only give notice to us in writing sent to our designated e-mail address (as may be amended from time to time), and we shall be deemed to have received such notice only upon receipt. While we endeavour to respond promptly to notices from you, we cannot guarantee that we will always respond with consistent speed.
13.3 Other modes of notifications:
13.3.1 Notwithstanding Clauses 13.1 and 13.2, we may from time to time designate other acceptable modes of giving notice (including but not limited to e-mail or other forms of electronic communication) and the time or event by which such notice shall be deemed given.
QUESTIONS AND COMMENTS
Should you have any questions or comments regarding the E-Wallet Terms of Use that we use, please do not hesitate to contact us via phone on +971544633942 or get quick answers to your questions by visiting our FAQ, or you can email us at [email protected].