Terms and Conditions

eWallet aims to revolutionize payments allowing the whole society to have access to digitally control their finances; manage, save, pay anyone, from anywhere, at anytime in a secure way

 

 

 

 

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.  

2.  Definitions

The following capitalized terms shall have the respective ascribed meanings in this Agreement:

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/.

3. Service description

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

6. Liability

  1. 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;
  2. 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;
  3. 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;
  4. 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

8. Customer's Obligations

You undertake to:

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

11.  Charges

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  

13.  Assignment

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

15. Waiver

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

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.