Last updated: October 28, 2022
TERMS
OF USE (SUBSCRIPTION SERVICE) 1. TERMS OF USE By downloading, browsing,
accessing or using this Service Subscription service (“Subscription service”),
you agree to be bound by these Terms and Conditions of Use. We reserve the
right to amend these terms and conditions at any time. If you disagree with any
of these Terms and Conditions of Use, you must immediately discontinue your
access to the Subscription service and your use of the services offered on the Subscription
service. Continued use of the Subscription service will constitute acceptance
of these Terms and Conditions of Use, as may be amended from time to time. 2.
DEFINITIONS In these Terms and Conditions of Use, the following capitalised
terms shall have the following meanings, except where the context otherwise
requires: "Account" means an account created by a User on the Subscription
service as part of Registration. "Merchant" refers to any entity
whose products or Samples can be purchased and/or redeemed (as the case may be)
via the Subscription service. "Privacy Policy" means the privacy
policy set out in Clause 14 of these Terms and Conditions of Use.
"Redeem" means to redeem a Merchant’s products or Samples on these
Terms and Conditions of Use and "Redemption" means the act of
redeeming such products or Samples. "Register" means to create an
Account on the Subscription service and "Registration" means the act
of creating such an Account. "Samples" means samples of Merchant’s
products and/or Merchant’s services, including without limitation, any vouchers
for the redemption of such services, and "Sample" means any one of
them. "Services" means all the services provided by UAE Post Limited
via the Subscription service to Users, and "Service" means any one of
them, "Users" means users of the Subscription service, including you
and "User" means any one of them. 3. GENERAL ISSUES ABOUT THE SUBSCRIPTION
SERVICE AND THE SERVICES 3.1 Applicability of terms and conditions: The use of
any Services and/or the Subscription service and the making of any Redemptions
are subject to these Terms and Conditions of Use. 3.2 Location: The Subscription
service, the Services and any Redemptions are intended solely for use by Users
who access the Subscription service in UAE. We make no representation that the
Services (or any goods or services) are available or otherwise suitable for use
outside of UAE. Notwithstanding the above, if you access the Subscription service,
use the Services or make any Redemptions from locations outside UAE, you do so
on your own initiative and are responsible for the consequences and for
compliance with all applicable laws. 3.3 Scope: The Subscription service, the
Services and any Redemptions are for your non-commercial, personal use only and
must not be used for business purposes. 3.4 Prevention on use: We reserve the
right to prevent you using the Subscription service and the Service (or any
part of them) and to prevent you from making any Redemptions. 3.5 Equipment and
Networks: The provision of the Services and the Subscription service does not
include the provision of a mobile telephone or handheld device or other necessary
equipment to access the Subscription service or the Services or make any
Redemptions. To use the Subscription service or Services or to make
Redemptions, you will require Internet connectivity and appropriate
telecommunication links. You acknowledge that the terms of agreement with your
respective mobile network provider ("Mobile Provider") will continue
to apply when using the Subscription service. As a result, you may be charged
by the Mobile Provider for access to network connection services for the duration
of the connection while accessing the Subscription service or any such third party charges as may arise. You accept responsibility
for any such charges that arise. 3.6 Permission to use Subscription service: If
you are not the bill payer for the mobile telephone or handheld device being
used to access the Subscription service, you will be assumed to have received
permission from the bill payer for using the Subscription service. 3.7 License
to Use Material: By submitting any text or images (including photographs)
(“Material”) via the Application, you represent that you are the owner of the
Material, or have proper authorization from the owner of the Material to use,
reproduce and distribute it. You hereby grant us a worldwide, royalty-free,
non-exclusive license to use the Material to promote any products or services.
4. REDEMPTIONS 4.1 Need for registration: You must Register to make a
Redemption from the Subscription service. 4.2 Application of these Terms and
Conditions of Use: By making any Redemption, you acknowledge that the
Redemption is subject to these Terms and Conditions of Use. 4.3 Redemption: Any
attempted Redemption not consistent with these Terms and Conditions of Use may
be disallowed or rendered void at our or the relevant Merchant’s discretion. 4.4
Responsibility for Redemptions of perishable products of Samples: Each Merchant
shall be responsible to ensure that any of its products or Samples for
Redemption that are perishable has not expired. 4.5 Restrictions: (a)
Reproduction, sale, resale or trading of any products or Samples or Redeemed
products is prohibited. (b) If any product or Sample is Redeemed for less than
its face value, there is no entitlement to a credit, cash or Sample equal to
the difference between the face value and the amount Redeemed. (c) Redemption
of products or Samples is subject to availability of the relevant Merchants’
stocks. 4.6 SingPost Not Liable: For the avoidance of doubt, UAE Post Limited
shall not be liable for any losses or damages suffered by you resulting from a failure
by the relevant Merchant to fulfil any Redemptions in accordance with Clause
4.4 or for a failure by us to deliver any products or Samples to you due to the
unavailability of such products or Samples pursuant to Clause 4.5(c). 4.7
Lost/stolen Samples: Neither we nor any Merchant shall be responsible for lost
or stolen Samples or products that have been Redeemed. 5. LOCATION ALERTS AND
NOTIFICATIONS 5.1 You agree to receive pre-programmed notifications (“Location
Alerts”) on the Subscription service from Merchants if you have turned on
locational services on your mobile telephone or other handheld devices (as the
case may be). 6. YOUR OBLIGATIONS 6.1 Merchant terms: You agree to (and shall)
abide by the terms and conditions of the relevant Merchant for which your
Redemption relates to, as may be amended from time to time. 6.2 Accurate
information: You warrant that all information provided on Registration and
contained as part of your Account is true, complete and accurate and that you
will promptly inform us of any changes to such information by updating the
information in your Account. 6.3 Content on the Subscription service and
Service: It is your responsibility to ensure that any products, Samples or
information available through the Subscription service or the Services meet
your specific requirements before making any Redemption. 6.4 Prohibitions in
relation to usage of Services or Subscription service: Without limitation, you
undertake not to use or permit anyone else to use the Services or Subscription service:-
6.4.1 to send or receive any material which is not civil or tasteful 6.4.2 to
send or receive any material which is threatening, grossly offensive, of an
indecent, obscene or menacing character, blasphemous or defamatory of any
person, in contempt of court or in breach of confidence, copyright, rights of
personality, publicity or privacy or any other third party rights; 6.4.3 to
send or receive any material for which you have not obtained all necessary
licences and/or approvals (from us or third parties); or which constitutes or
encourages conduct that would be considered a criminal offence, give rise to
civil liability, or otherwise be contrary to the law of or infringe the rights
of any third party in any country in the world; 6.4.4 to send or receive any
material which is technically harmful (including computer viruses, logic bombs,
Trojan horses, worms, harmful components, corrupted data or other malicious
software or harmful data); 6.4.5 to cause annoyance, inconvenience or needless
anxiety; 6.4.6 to intercept or attempt to intercept any communications
transmitted by way of a telecommunications system; 6.4.7 for a purpose other
than which we have designed them or intended them to be used; 6.4.8 for any
fraudulent purpose; 6.4.9 other than in conformance with accepted Internet
practices and practices of any connected networks; 6.4.10 in any way which is
calculated to incite hatred against any ethnic, religious or any other minority
or is otherwise calculated to adversely affect any individual, group or entity;
or 6.4.11 in such a way as to, or commit any act that would or does, impose an
unreasonable or disproportionately large load on our infrastructure. 6.5
Prohibitions in relation to usage of Services, Subscription service: Without
limitation, you further undertake not to or permit anyone else to:- 6.5.1
resell any products or Samples ; 6.5.2 furnish false data including false
names, addresses and contact details and fraudulently use credit/debit card
numbers; 6.5.3 attempt to circumvent our security or network including to
access data not intended for you, log into a server or account you are not
expressly authorised to access, or probe the security of other networks (such
as running a port scan); 6.5.4 execute any form of network monitoring which will
intercept data not intended for you; 6.5.5 enter into fraudulent interactions
or transactions with us or a Merchant (including interacting or transacting
purportedly on behalf of a third party where you have no authority to bind that
third party or you are pretending to be a third party); 6.5.6 extract data from
or hack into the Subscription service; 6.5.7 use the Services or Subscription service
in breach of these Terms and Conditions of Use; 6.5.8 engage in any unlawful
activity in connection with the use of the Subscription service or the
Services; or 6.5.9 engage in any conduct which, in our exclusive reasonable
opinion, restricts or inhibits any other customer from properly using or
enjoying the Subscription service or Services. 7. RULES ABOUT USE OF THE SERVICE
AND THE SUBSCRIPTION SERVICE 7.1 We will use reasonable endeavours to correct
any errors or omissions as soon as practicable after being notified of them.
However, we do not guarantee that the Services or the Subscription service will
be free of faults, and we do not accept liability for any such faults, errors
or omissions. In the event of any such error, fault or omission, you should
report it by contacting us at support@uaebarq.ae. 7.2 We do not warrant that
your use of the Services or the Subscription service will be uninterrupted and
we do not warrant that any information (or messages) transmitted via the
Services or the Subscription service will be transmitted accurately, reliably,
in a timely manner or at all. Notwithstanding that we will try to allow uninterrupted
access to the Services and the Subscription service, access to the Services and
the Subscription service may be suspended, restricted or terminated at any
time. 7.3 We do not give any warranty that the Services and the Subscription service
are free from viruses or anything else which may have a harmful effect on any
technology. 7.4 We reserve the right to change, modify, substitute, suspend or
remove without notice any information or Services on the Subscription service
from time to time. Your access to the Subscription service and/or the Services
may also be occasionally restricted to allow for repairs, maintenance or the
introduction of new facilities or services. We will attempt to restore such
access as soon as we reasonably can. For the avoidance of doubt, we reserve the
right to withdraw any information or Services from the Subscription service at
any time. 7.5 We reserve the right to block access to and/or to edit or remove
any material which in our reasonable opinion may give rise to a breach of these
Terms and Conditions of Use. 8. SUSPENSION AND TERMINATION 8.1 If you use (or
anyone other than you, with your permission uses) the Subscription service, any
Services in contravention of these Terms and Conditions of Use, we may suspend
your use of the Services and/or Subscription service. 8.2 If we suspend the
Services or Subscription service, we may refuse to restore the Services or Subscription
service for your use until we receive an assurance from you, in a form we deem
acceptable, that there will be no further breach of the provisions of these
Terms and Conditions of Use. 8.3 UAE Post Limited shall fully co-operate with
any law enforcement authorities or court order requesting or directing UAE Post
Limited to disclose the identity or locate anyone in breach of these Terms and
Conditions of Use. 8.4 Without limitation to anything else in this Clause 8, we
shall be entitled immediately or at any time (in whole or in part) to: (a)
suspend the Services and/or Subscription service; (b) suspend your use of the
Services and/or Subscription service; and/or (c) suspend the use of the
Services and/or Subscription service for persons we believe to be connected (in
whatever manner) to you, if: 8.4.1 you commit any breach of these Terms and
Conditions of Use; 8.4.2 we suspect, on reasonable grounds, that you have,
might or will commit a breach of these Terms and Conditions of Use; or 8.4.3 we
suspect, on reasonable grounds, that you may have committed or be committing
any fraud against us or any person. 8.5 Our rights under this Clause 8 shall
not prejudice any other right or remedy we may have in respect of any breach or
any rights, obligations or liabilities accrued prior to termination. 9.
DISCLAIMER AND EXCLUSION OF LIABILITY 9.1 The Subscription service, the
Services, the information on the Subscription service and use of all related
facilities are provided on an "as is, as available" basis without any
warranties whether express or implied. 9.2 To the fullest extent permitted by
applicable law, we disclaim all representations and warranties relating to the Subscription
service and its contents, including in relation to any inaccuracies or
omissions in the Subscription service, warranties of merchantability, quality,
fitness for a particular purpose, accuracy, availability, non-infringement or
implied warranties from course of dealing or usage of trade. 9.3 We do not
warrant that the Subscription service will always be accessible, uninterrupted,
timely, secure, error free or free from computer virus or other invasive or
damaging code or that the Subscription service will not be affected by any acts
of God or other force majeure events, including inability to obtain or shortage
of necessary materials, equipment facilities, power or telecommunications, lack
of telecommunications equipment or facilities and failure of information
technology or telecommunications equipment or facilities. 9.4 While we may use
reasonable efforts to include accurate and up-to-date information on the Subscription
service, we make no warranties or representations as to its accuracy,
timeliness or completeness. 9.5 We shall not be liable for any acts or
omissions of any third parties howsoever caused, and for any direct, indirect,
incidental, special, consequential or punitive damages, howsoever caused,
resulting from or in connection with the Subscription service and the services
offered in the Subscription service, your access to, use of or inability to use
the Subscription service or the services offered in the Subscription service,
reliance on or downloading from the Subscription service and/or services, or
any delays, inaccuracies in the information or in its transmission including
but not limited to damages for loss of business or profits, use, data or other
intangible, even if we have been advised of the possibility of such damages.
9.6 We shall not be liable in contract, tort (including negligence or breach of
statutory duty) or otherwise howsoever and whatever the cause thereof, for any
indirect, consequential, collateral, special or incidental loss or damage
suffered or incurred by you in connection with the Subscription service and
these Terms and Conditions of Use. For the purposes of these Terms and
Conditions of Use, indirect or consequential loss or damage includes, without
limitation, loss of revenue, profits, anticipated savings or business, loss of
data or goodwill, loss of use or value of any equipment including software,
claims of third parties, and all associated and incidental costs and expenses.
9.7 The above exclusions and limitations apply only to the extent permitted by
law. None of your statutory rights as a consumer that cannot be excluded or
limited are affected. 9.8 Notwithstanding our efforts to ensure that our system
is secure, you acknowledge that all electronic data transfers are potentially
susceptible to interception by others. We cannot, and do not, warrant that data
transfers pursuant to the Subscription service, or electronic mail transmitted
to and from us, will not be monitored or read by others. 10. INDEMNITY You
agree to indemnify and keep us indemnified against any claim, action, suit or
proceeding brought or threatened to be brought against us which is caused by or
arising out of (a) your use of the Services, (b) any other party’s use of the
Services using your user ID, verification PIN and/or any identifier number
allocated by UAE Post Limited, and/or (c) your breach of any of these Terms and
Conditions of Use, and to pay us damages, costs and interest in connection with
such claim, action, suit or proceeding. 11. INTELLECTUAL PROPERTY RIGHTS 11.1
All editorial content, information, photographs, illustrations, artwork and
other graphic materials, and names, logos and trade marks on the Subscription service
are protected by copyright laws and/or other laws and/or international
treaties, and belong to us and/or our suppliers, as the case may be. These
works, logos, graphics, sounds or images may not be copied, reproduced,
retransmitted, distributed, disseminated, sold, published, broadcasted or
circulated whether in whole or in part, unless expressly permitted by us and/or
our suppliers, as the case may be. 11.2 Nothing contained on the Subscription service
should be construed as granting by implication, estoppel, or otherwise, any
license or right to use any trademark displayed on the Subscription service
without our written permission. Misuse of any trademarks or any other content
displayed on the Subscription service is prohibited. 11.3 We will not hesitate
to take legal action against any unauthorised usage of our trade marks, name or
symbols to preserve and protect its rights in the matter. All rights not
expressly granted herein are reserved. Other product and company names
mentioned herein may also be the trade marks of their respective owners. 12.
AMENDMENTS 12.1 We may periodically make changes to the contents of the Subscription
service, including to the descriptions and prices of goods and services
advertised, at any time and without notice. We assume no liability or
responsibility for any errors or omissions in the content of the Subscription service.
12.2 We reserve the right to amend these Terms and Conditions of Use from time
to time without notice. The revised Terms and Conditions of Use will be posted
on the Subscription service and shall take effect from the date of such
posting. You are advised to review these terms and conditions periodically as
they are binding upon you. 13. APPLICABLE LAW AND JURISDICTION 13.1 The Subscription
service can be accessed from all countries around the world where the local
technology permits. As each of these places have differing laws, by accessing
the Subscription service both you and we agree that the laws of the UAE,
without regard to the conflicts of laws principles thereof, will apply to all
matters relating to the use of the Subscription service. 13.2 You accept and
agree that both you and we shall submit to the exclusive jurisdiction of the
courts of the UAE in respect of any dispute arising out of and/or in connection
with these Terms and Conditions of Use. 14. Privacy Policy 14.1 Access to the Subscription
service and use of the Services offered on the Subscription service by UAE Post
Limited and/or its group of companies is subject to this Privacy Policy. By
accessing the Subscription service and by continuing to use the Services
offered, you are deemed to have accepted this Privacy Policy, and in
particular, you are deemed to have consented to our use and disclosure of your
personal information in the manner prescribed in this Privacy Policy and for
the purposes set out in Clauses 3.7 and/or 4.1. We reserve the right to amend
this Privacy Policy from time to time. If you disagree with any part of this
Privacy Policy, you must immediately discontinue your access to the Subscription
service and your use of the Services. 14.2 As part of the normal operation of
our Services, we collect, use and, in some cases, disclose information about
you to third parties. Accordingly, we have developed this Privacy Policy in
order for you to understand how we collect, use, communicate and disclose and
make use of your personal information when you use the Services on the Subscription
service:- (a) Before or at the time of collecting personal information, we will
identify the purposes for which information is being collected. (b) We will
collect and use of personal information solely with the objective of fulfilling
those purposes specified by us and for other compatible purposes, unless we
obtain the consent of the individual concerned or as required by law. (c) We
will only retain personal information as long as necessary for the fulfillment
of those purposes. (d) We will collect personal information by lawful and fair
means and, where appropriate, with the knowledge or consent of the individual
concerned. (e) Personal information should be relevant to the purposes for
which it is to be used, and, to the extent necessary for those purposes, should
be accurate, complete, and up-to-date. (f) We will protect personal information
by reasonable security safeguards against loss or theft, as well as
unauthorized access, disclosure, copying, use or modification. We are committed
to conducting our business in accordance with these principles in order to
ensure that the confidentiality of personal information is protected and
maintained.