PLEASE READ THIS AGREEMENT (AS DEFINED BELOW) CAREFULLY BEFORE USING THE eWallet SERVICE (AS DEFINED BELOW). BY ACCESSING OR USING THE eWallet SERVICE, YOU SIGNIFY YOUR CONSENT TO THIS AGREEMENT. IF YOU DO NOT AGREE WITH ANY OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT USE THE eWallet SERVICE. DFS (AS DEFINED BELOW) RESERVES THE RIGHT, TO MODIFY OR UPDATE THIS AGREEMENT FROM TIME TO TIME AS IT DEEMS FIT WHICH MODIFICATIONS OR UPDATES SHALL AUTOMATICALLY BE BINDING ON YOU UPON PUBLICATION AT HTTP://E-WALLET.AE. YOU ACKNOWLEDGE THAT IT IS YOUR RESPONSIBILITY TO CHECK REGULARLY FOR UPDATES TO THE TERMS AND CONDITIONS OF THIS AGREEMENT AT THE ABOVE SITE, AND TO IMMEDIATELY DISCONTINUE USE OF THE eWallet SERVICE, IF YOU DO NOT AGREE TO ANY UPDATE OR MODIFICATION TO THIS AGREEMENT. YOUR CONTINUED USE OF THE eWallet SERVICE FOLLOWING THE PUBLICATION OF A MODIFIED OR UPDATED AGREEMENT AS DESCRIBED ABOVE SHALL SIGNIFY YOUR CONSENT AND AGREEMENT TO THE MODIFIED OR UPDATED AGREEMENT, EFFECTIVE AT THE DATE OF PUBLICATION. IF YOU ARE ACCESSING OR USING THE eWallet SERVICE ON BEHALF OF A CORPORATE ENTITY, YOU HEREBY REPRESENT AND WARRANT TO DFS THAT YOU HAVE THE AUTHORITY TO BIND THAT CORPORATE ENTITY, AND THAT YOU AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT ON BEHALF OF THAT CORPORATE ENTITY.
1.These terms and conditions
(“eWallet Terms and Conditions”) govern the provision of the eWallet Service by DFS to the individual accessing or using the eWallet Service or, if the individual is accessing or using the eWallet Service on behalf of a corporate entity, to that corporate entity (such individual or corporate entity, “You”, “Your”), together with the other constituent parts of the Agreement between DFS and You, as described below.
The following capitalized terms shall have the respective ascribed meanings in this Agreement:
- Account means the electronic account associated with Your eWallet.
- Affiliate means, in relation to a party, any company or other legal entity which directly or indirectly, through one or more intermediaries, controls, is controlled by or is under the common control of a third party with such party. For the purposes of this clause, “control” as used with respect to any entity, means the possession, directly or indirectly, of the power to direct or exercise a controlling influence on the management or policies of such entity, whether through the ownership of voting securities, by contract or otherwise.
- Charges mean the fee payable by the Customer in relation to each Transaction, as published by DFS from time to time on the Digital Channels.
- Content means any information (whether pictures, data or any other content) made available, displayed or transmitted in connection with the Service including, without limitation, information made available by means of the eWallet Application, any third party information or posting or content made available by means of an HTML “hyperlink”, all trademarks and domain names contained in such information, as well as contents of any bulletin boards or chat forums, and all upgrades, updates, modifications and other versions of any of the foregoing).
- Customer means You or any other registered and approved person that holds an Account for the eWallet Service.
- DFS means Digital Financial Services LLC; owner of eWallet trademark and operator of eWallet services.
- Digital Channels means: (i) the eWallet websites made available by or on behalf of DFS from time to time, including the website available at http://e-wallet.ae; and (ii) the eWallet Application.
- eWallet means the mobile wallet solution owned and operated by DFS, consisting of a stored value account used to carry out payments and transfer funds and related products and services.
- eWallet Contact Centre means the customer service contact centre established by DFS from time to time to receive, investigate and resolve Customer queries and complaints in relation to the eWallet Service.
- eWallet Point of Sale means each retail location of a Merchant or another DFS partner where Customer is able to initiate Transactions.
- Smiles means a point-based rewards scheme managed by Etisalat that will be offered to eWallet customers.
Smiles Points means the points issued under Etisalat’s rewards program whereby members of the program accumulate points when using Etisalat or its partners’ services, the points are then redeemable against other goods and services of value, as more fully described at the Etisalat’s rewards program website at https://smiles.etisalat.ae/.
- eWallet Application means the eWallet mobile application made available by or on behalf of DFS from time to time.
- eWallet Service or Service mean any and all services (including electronic payment services and the processing of Transactions) offered by DFS from time to time in connection with eWallet.
- Goods and Services means any product or service that You may purchase from Merchants (including payment of bills from utilities or other service providers, or purchase of Etisalat mobile phone prepaid calling credit) where payment for such product or service is made through your Account and the Service.
- Merchant means any person or entity which is party to a Merchant Agreement.
- Merchant Agreement means a merchant agreement pursuant to which the Merchant agrees to accept payment for Goods and Services through the eWallet Service.
- Mobile Device means a mobile device (phone/tablet etc.) that allows access to the eWallet Service through a registered SIM Card, via a webpage or eWallet application on any operating system.
- Payment Method means each method of paying for a Transaction that is offered by DFS as part of the eWallet Service from time to time, including (as may be made available by DFS from time to time) (i) using stored value credited to your Account to pay for a Transaction; (ii) using funds from Your credit or debit card to pay for a Transaction or increase the stored value in your Account; and (iii) redeeming Smiles Points to pay for a Transaction or increase the stored value in your Account.
- Security PIN Code means your unique personal identification number made available by DFS to You to access and operate your Account.
- Service Application Form means the Service Application Form(s) accessible at the eWallet website or on the mobile wallet application, where You will be requested to fill in your personal information and any additional information that may be required in order to apply for the eWallet Service, and thereafter any other application form that DFS may request you to complete from time to time in order to avail any additional facilities made available by DFS under the Service.
- SIM Card means the Subscriber Identity Module which enables You to use the eWallet Service when used with Your Mobile Device and eWallet Application.
- Transaction means (i) any instruction from You to purchase Goods and Services using the Payment Methods; (ii) any instruction from You to add stored value into your Account using the Payment Methods; (iii) any instruction from you to transfer stored value held in your Account to the eWallet account of another Customer; (iv) any instruction from You to redeem stored value in your Account for an equivalent amount of UAE Dirhams paid in cash at eWallet partner locations designated by DFS from time to time, or credited to an account nominated and held by You at a bank licensed by the UAE Central Bank; and (v) any other operation which DFS may permit you to initiate in respect of your Account from time to time.
3. Service description
- As part of the eWallet Services, You may from time to time request the execution of a Transaction by DFS using one of the then-available Payment Methods in accordance with this Agreement. DFS will use reasonably endeavours to complete the Transaction You request, always subject to (a) Your compliance with this Agreement, (b) the execution of the Transaction being compliant with applicable laws, and (c) the Payment Method You designate and the funds required to pay for the Transaction being available and authorized at the time the Transaction is processed. DFS shall issue electronic confirmation receipt to You to advise if a Transaction You request has been successfully completed or will alternatively inform you by electronic means if the Transaction has been rejected. A Transaction shall be considered successfully completed only on DFS issuing electronic confirmation receipt to You.
- Each time You pay for a Transaction You request using UAE Dirhams equivalent amount of stored value held in your Account (including Transactions for the purchase of Goods and Services and Transactions for redeeming stored value in your Account for UAE Dirham equivalent), you hereby irrevocably authorize and direct DFS to debit your Account by that amount immediately upon DFS confirming the successful completion of the Transaction.
- You hereby irrevocably authorize DFS to debit your Account by the amount of any then-applicable Charges upon the successful completion of each Transaction You request.
- At its sole discretion, DFS may introduce new eWallet Services or discontinue any existing eWallet Services from time to time and at any time without notice.
- All Transactions from the Account must be authorized by You using the Security PIN Code or by such other methods that DFS may implement from time to time. For each Transaction with a Merchant, You may be required to present your proof of identity (such as a valid passport or an Emirates ID) in order to affect the Transaction, and the identification documents You present may be recorded by the Merchant.
- Each Transaction will be issued with a unique transaction number that is included in the confirmation electronic receipt sent to You. This transaction number is used to track and identify all Transactions carried out on your Account and You will be required to provide such transaction number if you wish to query any Transaction on your Account.
4. Age restrictions
Certain features, functionalities and/or facilities within the Service will only be made available and can be used by Customers over the age of 16 , as will be set out in the Service Application Form that you will be required to complete to access such facilities. You hereby represent and warrant that You have provided true information about Your age and that You will not knowingly use any part of the Service which is not open for use by Customers of Your age.
5. Commencement and Application Process
- This Agreement is valid and binding on and from the date on which DFS provides electronic confirmation to You that your Account has been opened (“the Effective Date”).
- The application process for the eWallet Service may be completed electronically. However, depending on the information that You provided when applying for the Service, DFS may require You to complete all or parts of the application process in person to verify your identity and/or provide original documents. Depending on your age, your residency status (resident or visitor), or the level of identity verification you have provided, DFS may place limits on which features, functionalities and/or facilities are available to You under the Service and/or place limits on your Transactions. If and when DFS introduces new features, functionalities and/or facilities within the Service, in order to access these, You may be required to provide additional identity verification documents in person. You shall at all times keep the information You have provided to DFS as part of the Service application process or otherwise (including without limitation information about Your name, bank account details, residency and immigration status, passport, visa and Emirates ID details and contact information) up to date and shall immediately advise DFS in writing of any changes to any such information.
- To the maximum extent permitted under applicable law, DFS shall have no liability under or in connection with this Agreement (except liability for fraud) for any loss of business, loss of business opportunity, loss of revenue, loss of profits, loss of anticipated savings, loss of goodwill, business interruption, wasted expenditure or for loss of any other economic advantage however it may arise, or for data loss or data corruption, or for any indirect, punitive, special, incidental or consequential loss, even if DFS has been advised of the possibility of such damages or losses.
- To the maximum extent permitted under applicable law, and subject to clause 6.1 above, the total liability of DFS under or in connection with this Agreement in connection with a Transaction (except liability for fraud) shall be limited to the value of that Transaction.
- If You are not satisfied with the quality of the eWallet Service or the manner in which it is provided, or object to any variation to the terms and conditions of this Agreement, to the maximum extent permitted under applicable laws your sole and exclusive remedy is to discontinue using the eWallet Service.
- You shall be fully and solely liable for and bear all Charges, losses, and damages arising from any Transaction which is authorized using Your Security PIN Code and/or other authentication credentials for using the eWallet Service which DFS may issue to You from time to time (“Credentials”), unless You have notified DFS in writing or through any Digital Channels which DFS makes available expressly for such purpose that Your Security PIN Code and/or Credentials have been stolen or compromised. If You disclose Your Security PIN Code and/or Credentials to a third party, or if You fail to safeguard and protect Your Security PIN Code and/or Credentials using reasonable care and as a result Your Security PIN Code and/or Credentials are used by any third party to authorize one or more Transactions, then to the maximum extent permitted under applicable law, You will indemnify and hold DFS and its employees, officers, directors and shareholders harmless for any losses, liabilities, damages, costs (excluding any opportunity cost or cost of funding), expenses (including management time and reasonable legal fees) and charges arising out of or in relation to any such Transaction until the earlier of (a) the time when You change the Security PIN Code and/or Credentials, and (b) the time when DFS receives notification from You (in writing or through any Digital Channels which DFS makes available expressly for such purpose) that Your Security PIN Code and/or Credentials have been compromised or stolen.
- You shall be fully and solely liable for the losses related to any Transaction where You are proven to have acted fraudulently or are otherwise found to be in breach of this Agreement.
- In the event of fraud, loss or theft of the SIM Card or Mobile Device, You are obliged to immediately notify DFS in writing or through any Digital Channels which DFS makes available expressly for such purpose of the same in order that DFS may freeze your Account. Charges may be applicable if your service provider requires to replace the SIM Card and You will be responsible for the payment of such charges and for any Transaction effected up to the time You froze your Account or requested DFS to freeze it. You will indemnify and hold DFS and its employees, officers, directors and shareholders harmless for any losses, liabilities, damages, costs (excluding any opportunity cost or cost of funding), expenses (including management time and reasonable legal fees) and charges arising out of or in relation to any Transactions requested or made with your Mobile Device and SIM Card prior to DFS freezing your Account pursuant to Your notification, as described above.
- Whilst DFS takes the utmost care in securing all communications, please note that the confidentiality of communications via any public telecommunications network is susceptible to unlawful interception and hacking, especially through public Wi-Fi. DFS shall not be liable for any loss or damage whether direct or consequential arising out of any such unlawful interception or access.
- To the maximum extent permitted under applicable law, DFS shall not be liable for any purchase, delivery, fitness for purpose and/or warranty of any Goods and Services purchased by You from any third party (including a Merchant) using the Account or otherwise through an eWallet Service. You will be bound to the sales agreement entered between You and the relevant Merchant. For any issues with the Goods and Services obtained from the Merchant, You should contact and register your complaints with the Merchant and/or the payment services provider who supports the Payment Method (e.g. credit card provider) that you have used.
- If you request any Transaction to redeem stored value in your Account for an UAE Dirham equivalent amount in cash at a designated eWallet partner location, You acknowledge and agree that it is solely Your responsibility to verify the correct amount and authenticity of the bank notes You receive at the time the Transaction is executed, and that DFS shall have no liability to You in that respect to the maximum extent permitted under applicable law.
- Any misuse of the Service by You in breach of the Agreement shall be at Your sole risk and cost. You will indemnify and hold DFS and its employees, officers, directors and shareholders harmless for any losses, liabilities, damages, costs (excluding any opportunity cost or cost of funding), expenses (including management time and reasonable legal fees) and charges arising out of or in relation to any third party claim to the extent such claim relates to any breach of the Agreement. This is without prejudice to other rights and remedies DFS may have under the Agreement or otherwise, including its right to initiate such criminal or civil proceedings it may deem appropriate against You.
- To the maximum extent permitted under applicable law, DFS disclaims all liability whatsoever, for any loss of data howsoever caused including non-delivery, misuse or miss-delivery or for any interruption, suspension or termination of Service.
- DFS is not responsible for material or information contained in any third-party Content that is accessible or provided through or in connection with the Service. The Customer is solely responsible for all Content that he/she transmits by any means, and for determining the suitability of all accessed Content.
- At its sole discretion DFS reserves the right to screen Transactions and to reject any Transaction (a) which DFS determines in its sole discretion would violate applicable law or the risk policies of DFS and/or its partner financial institutions, or (b) if DFS suspects You are in breach of the Agreement, or that fraudulent or illegal activity is taking place. DFS shall bear no responsibility for a Transaction which DFS rejects in accordance with this clause 6.13. DFS will provide You with electronic notification of any Transaction which is rejected, and where possible, the reasons for such rejection.
- To the maximum extent permitted under applicable law, DFS will not be liable to You for any losses You suffer or costs You incur because:
- You are unable to access or use the eWallet Service, and DFS makes no commitment on the availability of the Service and shall not be liable for any planned or unplanned outages;
- any device (including Your Mobile Device), hardware or software you use in connection with the eWallet Service is damaged, corrupted, hacked or fails to work;
- eWallet Service does not work as You expect, does not meet your requirements or contains errors or defects or DFS fails to correct these in any specified time;
- There is a reduced level or failure of third-party service providers to provide any services including but not limited to software providers, mobile operators, merchants, payment schemes etc.
- To the maximum extent permitted under applicable law, DFS shall not be liable for any Transactions which it rejects because of insufficient funds in your Account or, if You have elected to use another Payment Method to fund the Transaction, lack of authorization for sufficient funds for any reason.
- Nothing in this clause 6 or elsewhere in this Agreement shall operate to limit or exclude liability of either party which cannot be limited or excluded under applicable law (including under the Regulatory Framework for Stored Values and Electronic Payment Systems published by the UAE Central Bank, as amended from time to time, the “Framework Regulation”).
- The provisions of this clause 6 (Liability) shall survive the termination of the Agreement.
7. Representation and Warranties
- You represent and warrant that all information provided by You to DFS, including information provided in the Service Application Form, is true and complete, and that it is not misleading;
- Any breach of undertaking, warranty or representation by You will entitle DFS to suspend or terminate the eWallet Service and this Agreement with immediate effect and claim any contractual and other damages for such breach.
8. Customer's Obligations
You undertake to:
- protect the secrecy of the Security PIN Code and Credentials at all times and ensure that the same is not revealed or disclosed to any third party whomsoever. In the event You become aware or suspect that Your Security PIN Code and/or Credentials have been compromised or disclosed to another person or entity, You are obliged to immediately change the Security PIN Code and/or Credentials and notify DFS (through any Digital Channels which DFS makes available expressly for such purpose or by contacting the eWallet Contact Centre);
- use only your Security PIN Code and Credentials for accessing the eWallet Service and You must ensure the secrecy of the same and safeguard by changing your Security PIN Code and Credentials from time to time to enhance security;
- keep your Mobile Device and SIM Card safe at all times and if any unauthorised use, fraud, loss or theft occurs (or You suspect has occurred) immediately freeze your Account (if you are able to do so) and report such occurrence to DFS. Upon receiving such information, DFS will disable your Account to prevent further use of the eWallet Service until the same has been replaced or a new Security PIN Code has been issued to You. Notification of any fraud, loss or theft of the Mobile Device or SIM Card may be given by any Digital Channels which DFS makes available expressly for such purpose or contacting the eWallet Contact Centre. You agree that you are required by applicable law to, and will, report to DFS any unauthorized or incorrectly executed Transaction within thirty (30) days from the debit value date.
- ensure that You comply with any UAE restrictions for downloading, using or otherwise exporting the eWallet Application (including any encryption keys or similar content stored in the eWallet Application) subject to the applicable laws, regulations, and DFS’s policies;
- only download the eWallet Application from a site or online store which is approved by DFS;
- comply with the rules appropriate for any other network that You access through the eWallet Service;
- not carry out or allow any intellectual property rights infringement;
- not remove, obscure, or alter DFS’s or any third party’s copyright, patent, trade mark, or other proprietary rights notices affixed to, contained within or accessed using the eWallet Application.
- use any DFS or third-party Content made available through the eWallet Service solely for your personal use (if You are an individual) or internal business purposes (if You are an entity), unless otherwise agreed by DFS. You agree not to use, copy, display, distribute, modify, broadcast, translate, reproduce, reverse engineer, reformat, incorporate into advertisements and other works, sell, trade in, promote, create derivative works, or in any way exploit or allow others to exploit any part of the Service, the eWallet Application or any eWallet Content in whole or in part except as expressly authorized by DFS.
- not attempt to derive income from the use or provision of the eWallet Service without being authorized by DFS;
- not use the eWallet Service in any manner which could damage, disable, overburden, or impair any eWallet Service or the eWallet network, or any third-party networks connected to any eWallet services or interfere with any other party or customer's use and enjoyment of any eWallet services;
- not attempt to gain unauthorized access to the eWallet Service or eWallet accounts or any other third-party networks linked through eWallet by hacking, reverse engineering or any other unauthorized means;
- comply with any instructions regarding use of the eWallet Service as DFS may from time to time consider necessary to issue in order to maintain the integrity, quality and safety of the Service for all Customers and such instructions shall be binding upon You and be deemed to form an integral part of the Agreement;
- not use the eWallet Service or the eWallet Application in any unlawful manner, for unlawful purposes or in any manner inconsistent with this Agreement, or act fraudulently or maliciously;
- not introduce into or through the eWallet Application or otherwise into the eWallet Service any computer virus, ‘trojan horse’, worm, logic bomb, back door, malware or similar item whose purpose or possible function is to disable a computer or network or adversely affect its performance;
- use appropriate virus scanning software and take other reasonable precautions in respect of the security of your device when accessing or using the eWallet Application;
- cooperate in any investigation conducted by DFS or a governmental or regulatory body in connection with the Services, and provide confirmation of your identity or of any other information requested by DFS or a governmental or regulatory body; and
- not take any action that may cause DFS to lose any of its business partners, including Merchants and other partners.
9. DFS’s Obligations
9.1 DFS will provide such of the Services as it makes available from time to time to the Customer in accordance with this Agreement and as and to the extent permitted under applicable laws.
9.2 Subject to clause 6, DFS shall use reasonable endeavours to ensure the correct execution of each Transaction which is requested in accordance with this Agreement and complies with the requirements of this Agreement and applicable law.
9.3 Subject to clause 6 above, in the event DFS completes a Transaction which results in the debiting of your Account but which Transaction is not authorized by the use of Your PIN Code or Credentials (or which is processed using Your PIN Code or Credentials after You have notified DFS that Your PIN Code and Credentials have been compromised or stolen and DFS has frozen your Account), DFS shall promptly refund the full amount by which your Account was debited, except where the processing of the Transaction was the result of fraud by You or any third party acting on directions by or in collusion with You.
9.4 DFS shall use reasonable endeavours and have in place and comply with systems, policies and practices reasonably designed to ensure that any stored value in your Account is not accessible to third parties (except where the third-party gains access through use of Your PIN Code, Credentials, Mobile Device or SIM Card). Subject to clause 6, where your Account is debited with an amount of stored value without the use of Your PIN Code or Credentials, and such unauthorized debiting is directly and solely caused by failure by DFS to comply with the preceding sentence, DFS shall promptly refund the full amount by which your Account was debited, except where the debiting was the result of fraud by You or any third party acting on directions by or in collusion with You.
10. Data Collection & Protection Policy
- You agree that your personal information provided to DFS (other than any user identification data and transaction records within the meaning of section D.6.1 of the Framework Regulation) may be used and retained by DFS, and that, to the fullest extent permitted under applicable law, DFS may use, process, disclose and transfer Your personal information (other than any user identification data and transaction records within the meaning of section D.6.1 of the Framework Regulation) for the purposes of providing the eWallet Service and/or other services including marketing and research purposes (whether in UAE or abroad) to DFS agents, contractors, any telecommunications operators, any third party service providers, any third party collection agencies, any credit reference agencies, any security agencies, any credit providers, banks, financial institutions, DFS professional advisers, our Affiliates, any other persons under a duty of confidentiality to DFS, and any of DFS actual or proposed assignees or transferees of DFS rights.
- You agree and acknowledge that DFS (a) shall retain and store user identification data and transaction records within the meaning of section D.6.1 of the Framework Regulation within the United Arab Emirates, and (b) may disclose such data and records to the UAE Central Bank and other governmental and regulatory bodies or pursuant to a court order.
- You accept that DFS may disclose or receive personal information or documents about You or other related know your customer (KYC) information provided by You to DFS:
- to and from local and international law enforcement or any competent regulatory or governmental agencies to assist in the prevention, detection or prosecution of criminal activities or fraud;
- to facilitate DFS’s ability to fulfil legal, governmental or regulatory requirements; and
- to DFS’s legal representatives or auditors or to the applicable court in connection with any legal or audit proceedings (notwithstanding that any such proceedings may be of a public nature).
- You consent and hereby authorize that your communications and preferences connected to your use of the Service may be monitored or recorded for use in business practices such as quality control, training, ensuring effective systems operation, prevention of unauthorized use of our telecommunications system and detection and prevention of crime.
- By using the eWallet Service, You consent to DFS accessing information about your Mobile Device for the purpose of registration and authentication when using the eWallet Application. You consent to the eWallet Service and eWallet Application using cookies which are needed for them to work effectively.
- Certain elements of the Service, may make use of location data sent from Your Mobile Device. You can turn off this functionality at any time by turning off the location services settings on Your Mobile Device. If You use these elements of the Service, You consent to DFS and its partners' and licensees' transmission, collection, maintenance, processing and use of Your location data and queries to provide and improve location-based and road traffic-based products and services. You may withdraw this consent at any time by turning off the location services settings on Your Mobile Device.
- Access to Google Maps / Google Earth APIs or any other third-party software through the eWallet Application (iOS and Android versions), if applicable, is subject to You accepting separate terms and conditions or entering an end user license agreement with such third parties, at your sole discretion, and DFS bears no responsibility with respect to such third-party services, or with respect to providing to You any elements of the Service which rely on or require the use of third-party services which are not made available for use by You (whether as a result of You declining the applicable third-party license agreement or otherwise).
Charges payable for the execution of each Transaction will be deducted from your Account on successful completion of each Transaction. The typical Charges that will be levied for Transactions can be found on the Digital Channels, and may be updated from time to time by DFS without notice, including as a result of changes to the Customer Charges and Fees tariff established by the UAE Central Bank from time to time. You will be advised of the Charges which will apply to a Transaction You request before the Transaction is completed and given an opportunity to cancel it if you do not agree with such Charges. However, DFS shall not reimburse You for any Charges which You have accepted, except where a Transaction is reversed in the circumstances described in clauses 9.3 and/or 9.4 above. You may check the balance on your Account at any time using any then-available interfaces on the Digital Channels.
12. License and Right to Use
- Otherwise than as expressly stated in this Agreement, no rights in or license to any intellectual property rights (including any patents, designs, know how, trademarks or copyright) of either party are granted, transferred or implied by the Agreement.
- DFS grants You a personal, limited, revocable, non-exclusive and non-transferable license to access and use the Service and the eWallet Application only as expressly permitted in this Agreement and for the duration of this Agreement.
- Any violation by You of this Agreement shall be deemed to be also a breach by You of the license granted by DFS under clause 12.2 and may result in the immediate termination of this Agreement and/or your right to use the Service, as well as potential liability for copyright and other intellectual property rights infringement.
- You hereby irrevocably grant DFS a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, sub-licensable and transferable license and right to use any Content that You choose to submit via the Service (such as, without limitation, feedback and comments), and all intellectual property rights therein for any purpose or use by DFS. For the purpose of this Agreement, “use” means use, copy, display, distribute, modify, translate, reformat, incorporate into advertisements and other works, promote, create derivative works, and in the case of third-party services, allow their users and others to do the same. You grant DFS the right to use the name or username that you submit in connection with the eWallet Service. You irrevocably waive, and cause to be waived, any claims and assertions of moral rights or attribution against DFS, any third-party services and DFS’s and their users with respect to any Content You submit through the Service.
- You will indemnify and hold DFS and its employees, officers, directors and shareholders harmless for any losses, liabilities, damages, costs (excluding any opportunity cost or cost of funding), expenses (including management time and reasonable legal fees) and charges arising out of or in relation to any claim, allegation, proceeding or action relating to the Content that You submit through the Service.
The Service is provided exclusively for the registered Customer; accordingly, the Customer may not assign or transfer this Agreement to any third party. DFS may assign, novate and/or unilaterally transfer the Agreement to an Affiliate or to any successor company (whether by merger, consolidation or otherwise) without the prior written consent of the Customer, upon written notification.
14. Termination and Discontinuation
- DFS may, at any time (a) block, restrict and/or suspend Your use of your Account, the Service and/or the eWallet Application without notice, and/or (b) terminate this Agreement immediately effective on notice provided through the Digital Channels, in each case for any reason or no reason, including if You violate this Agreement or DFS suspects fraudulent activity. You agree DFS will not be liable to You or any third party for doing so.
- You may terminate the Agreement in respect of the eWallet Service at any time for convenience by immediately discontinuing Your use of the eWallet Service and uninstalling the eWallet Application, (including in circumstances where DFS has modified or updated the Agreement in a manner that You do not agree with) by giving thirty (30) days prior notice to DFS in writing or through any interfaces on the Digital Channels which DFS makes available expressly for this purpose.
- If You or DFS terminate the Service, You will be required to first redeem any remaining stored value in your Account by a) Cashing-out at any DFS agent, or ATM. b) Funding-out to a bank account.
- If You lose access to your mobile phone account and/if the mobile number is assigned to another user DFS will cease your account and move it to a suspended status. You will have the right at any time to reclaim your account and all the stored value that was in your wallet by physically presenting yourself to an eWallet centre with your valid original EID and a valid mobile number to reclaim your account. In this case You may:
- register a new account retrieve your old account and continue to enjoy eWallet services.
- register a new account retrieve your old account, redeem the remaining stored value and terminate services.
15.1 You acknowledge that in entering into this Agreement you have not relied on any representation, warranty, collateral contract or other assurance (except those set out in this Agreement) made earlier by or on behalf of DFS. You hereby waive all rights and remedies which, but for this clause 15.1, might otherwise be available to you in respect of any such representation, warranty, collateral contract or other assurance.
15.2 You agree that no failure or delay by DFS to enforce, or exercise, or any partial, single or defective exercise or enforcement or, any right, remedy, power or privilege given to DFS pursuant to this Agreement shall constitute a waiver or partial waiver of any such right, remedy, power or privilege or operate to prevent the exercise or enforcement of any further right, remedy, power or privilege at any subsequent time.
16. Governing Laws & Dispute Resolution
- This Agreements is construed and governed by the laws of the United Arab Emirates to the extent they do not contradict with the rules and principles of Shari’ah.
- In the event of any dispute, the parties agree to submit to the exclusive jurisdiction of the UAE courts.
17. Waiver of Interest
The parties acknowledge and agree that the principle of the payment of interest is repugnant to Shari’ah law and accordingly, to the extent that any legal system would impose (whether by contract, statute or court order) any obligation to pay interest, the parties hereby, irrevocably and unconditionally, expressly waive and reject any entitlement to recover interest from each other.