USERS ACCEPTANCE OF THIS AGREEMENT:
This is an agreement between
EMIRATES DIAL A civil company incorporated under Dubai Economic Department UAE with Its registered Latifa Tower, East Wing, 19th Floor, 1901, Sheikh Zayed Road Dubai UAE that administrates users use of Services offered by the company through its website www.emiratesdial.com, "), telephone search, SMS, WAP or any other medium using which COMPANY may provide the search services (collectively "Platforms" ). When USER access or use any of the Platforms USER agree to be bound by these Terms and Conditions ("Terms").
- Users: A Person, Company, Firm, Corporate or anyone who is using the service of WWW.EIMIRATESDIAL.COM
- website : www.emiratesdial.com
- Company : AL SOHBA (EMIRATES DIAL)
- CHANGES: Changes made by the Company Only.
- MATERIAL: Information, Any content provided by Company.
- ED Pay Services: COMPANY provides ED Pay Services to Merchants to facilitate receipt of payment for goods or services, which may include, but are not limited to, receipt of online payment by debit/credit card, QR Code payment, and/or via email or text message, as well as by other means developed by COMAPNY from time to time.
- Authorization: shall mean the process by which Payment Gateway Service Provider, Issuing Institution and/or the relevant Card Association electronically or otherwise convey the approval of a charge on a Transaction being undertaken by a Customer. It is agreed that the payment transaction made by Consumer would be considered received and confirmed only after the successful confirmation/acknowledgement from the Payment Gateway Service Provider.
- Customer: shall mean person who is intending to purchase goods and services and willing to make the online payment to Merchant.
- Proof of Delivery: shall mean the customer acknowledges to Merchant an electronically generated/physical acknowledgement, return receipt, message, etc. for the receipt of the goods or services.
- Services: means ED Pay services provided by Services Provider to Merchant under the terms of this Agreement.
- Transaction: means dealing between the Merchant and the customer regarding purchase of any goods, item or service offered by the Merchant and its payment vide ED Pay Services.
- Customer Data: Data (identifying number, location and all other data as may be collected by, or available with Merchant in connection with or related to such Persons) relating to the Customers who used and/or attempted purchase products/services form Merchant.
- Financial Institution Partners: shall mean various banks, financial institutions, Card Associations, payment system providers who are defined and licensed under the Payment and Settlement Systems .
- Financial Institution Partners Services: shall mean the payment gateway system and services provided by the Acquiring Banks such as to (i) route internet based Valid Card transactions; (ii) offer various facilities through the internet, including Net Banking facilities; (iii) provide Authentication and Authorization from Card Associations or other third party clearing houses; and (iv) provide settlement facilities in respect of payment instructions initiated by the customers.
- Card Association(s): shall mean any of Visa, MasterCard, Visa Electron, Maestro, Diners, American Express or any other card association as may be specified by us from time to time.
- Card Association Rules: shall mean the written rules, regulations, releases, guidelines, processes, interpretations and other requirements (whether contractual or otherwise) imposed or adopted by any Card Association
- Merchant Bank Account: shall mean the bank account maintained and nominated by USER for settlement of USER’S Settlement Amount.
- Settlement Amount: shall mean Customer Charge minus the Tax or any other government fee and any other charges/fees payable by USER to COMPANY under this Agreement.
- Chargeback: shall mean reversal of the value of the Customer Charge with respect to any Transaction, inter alia, on account of (i) alleged forgery of the card number /bank account or other details (ii) any charge/debit made on a card that has been listed as a hot listed card or otherwise listed on the Card association warning bulletins (iii) duplicate processing of the transaction; or (iv) for other reasons as per applicable rules and guidelines issued by CENTRAL BANK, Card Associations, Acquiring Banks and Issuing Institutions. In addition, it shall include any debit to COMPANY bank account to recover the value of the Customer Charge in the event that USER have insufficient funds and/or USER fail to pay for the same.
- Proof of Delivery: shall mean sufficient legitimate records evidencing Delivery of the Product to the Customer.
CHANGES: Company owns full right to make periodical changes to the Terms and the Site without notice, and USER are responsible for checking these Terms periodically for revisions. All amended Terms become effective upon our posting to the Site, and any use of the site after such revisions that have been posted signifies USER’s consent to the changes.
USE OF MATERIAL OR SERVICES ON OUR PLATFORM: Diverse range of information, text, photographs, designs, graphics, images, sound and video recordings, animation, content, advertisement and other materials and effects (collectively "Materials") for the search services on the Platforms is used by us and periodically updated. COMPANY provide the Material through the Platforms FOR USER’S PERSONAL AND NON-COMMERCIAL USE ONLY.
While every attempt has been made to ascertain the authenticity of the Platforms content, Company is not liable for any kind of damages, losses or action arising directly or indirectly, due to access and/or use of the content in the Platforms including but not limited to decisions based on the content in the Platforms which results in any loss of data, revenue, profits, property, infection by viruses etc.
Accordingly, USER may view, use, copy, and distribute the Materials found on the Platforms for internal, non-commercial, informational purposes only. USER are prohibited from data mining, scraping, crawling, or using any process or processes that send automated queries to company. USER may not use the Platforms or any of them to compile a collection of listings, including a competing listing product or service. USER may not use the Platforms or any Materials for any unsolicited commercial e-mail. Except as authorized in this paragraph, USER are not being granted a license under any copyright, trademark, patent or other intellectual property right in the Materials or the products, services, processes or technology described therein. All such rights are retained by company, its subsidiaries, parent companies, and/or any third party owner of such rights.
HOW USER MAY USE OUR MARKS: The company names and logos and all related products and service names, design marks and slogans are trademarks and service marks owned by and used under license from company or its wholly owned subsidiaries. All other trademarks and service marks herein are the property of their respective owners. All copies that USER make of the Materials on any of the Platforms must bear any copyright, trademark or other proprietary notice located on the respective Platforms that pertains to the material being copied. USER are not authorized to use any company name or its website or mark in any advertising, publicity or in any other commercial manner without the prior written consent of Company. Requests for authorization should be made to email@example.com
REVIEWS, RATINGS & COMMENTS BY USERS ON THE PLATFORM:
Since, COMAPNY provides information directory services through various mediums (SMS, WAP, E-Mail, website, APP and voice or phone), Users use any of the aforementioned medium to post Reviews, Ratings and Comments about the COMPANY services and also about the Advertiser's listed at COMPANY is subject to additional terms and conditions as mentioned herein.
USER are solely responsible for the content of any transmissions USER make to the Site or any transmissions USER make to any mediums offered by COMAPNY and any materials USER add to the Site or add to any mediums offered by COMAPNY, including but not limited to transmissions like USER’s Reviews, Ratings & Comments posted by USER(the "Communications"). The COMAPNY does not endorse or accept any of USER’s Communication as representative of their COMPANY views. By transmitting any public Communication to the Site, USER grant COMAPNY an irrevocable, non-exclusive, worldwide, perpetual, unrestricted, royalty-free license (with the right to sublicense) to use, reproduce, distribute, publicly display, publicly perform, adapt, modify, edit, create derivative works from, incorporate into one or more compilations and reproduce and distribute such compilations, and otherwise exploit such Communications, in all Platforms now known or later developed.
USER confirm and warrant that USER have the right to grant these rights to COMPANY . USER hereby waive and grant to COMPANY all rights including intellectual property rights and also "moral rights" in USER’s Communications, posted at COMPANY through any of mediums of COMAPNY. COMPANY is free to use all USER’s Communications as per its requirements from time to time. USER represent and warrant that USER own or otherwise control all of the rights to the content that USER post as Review, Rating or Comments; that the content is accurate; that use of the content USER supply does not violate these Terms and will not cause injury to any person or entity. For removal of doubts it is clarified that, the reference to Communications would also mean to include the reviews, ratings and comments posted by USER’s Friend's tagged by USER. Also COMAPNY reserves the right to mask or unmask USER’s identity in respect of USER’s Reviews, Ratings & Comments posted by USER.
COMAPNY has the right, but not the obligation to monitor and edit or remove any content posted by USER as Review, Rating or Comments. COMAPNY cannot review all Communications made on and through any of the mediums of COMAPNY. However, COMAPNY reserves the right, but has no obligation, to monitor and edit, modify or delete any Communications (or portions thereof) which COMPANY in its sole discretion deems inappropriate, offensive or contrary to any COMAPNY policy, or that violate this terms:
COMAPNY reserves the right not to upload or distribute to, or otherwise publish through the Site or Forums any Communication which
1. is obscene, indecent, pornographic, profane, sexually explicit, threatening, or abusive;
2. Constitutes or contains false or misleading indications of origin or statements of fact;
3. Slanders, libels, defames, disparages, or otherwise violates the legal rights of any third party;
4. Causes injury of any kind to any person or entity;
5. Infringes or violates the intellectual property rights (including copyright, patent and trademark rights), contract rights, trade secrets, privacy or publicity rights or any other rights of any third party;
6. violates any applicable laws, rules, or regulations;
7. Contains software viruses or any other malicious code designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
8. Impersonates another person or entity, or that collects or uses any information about Site visitors.
It is further clarified that, if there are any issues or claims due to USER’s posts by way of Reviews, Ratings and Comments, then COMAPNY reserves right to take appropriate legal action against USER. Further, USER shall indemnify and protect COMPANY against such claims or damages or any issues, due to USER’s posting of such Reviews, Ratings and Comments COMAPNY takes no responsibility and assumes no liability for any content posted by USER or any third party on COMPANY site or on any mediums of COMAPNY.
USER further acknowledge that conduct prohibited in connection with USER’s use of the Forums includes, but is not limited to, breaching or attempting to breach the security of the Site or any of the mediums of COMAPNY.
COMAPNY communicates information provided and created by advertisers, content partners, software developers, publishers, marketing agents, employees, users, resellers and other third parties. While every attempt has been made to ascertain the authenticity of the content on the Platforms COMAPNY has no control over content, the accuracy of such content, integrity or quality of such content and the information on our pages, and material on the Platforms may include technical inaccuracies or typographical errors, and COMPANY make no guarantees, nor can COMPANY be responsible for any such information, including its authenticity, currency, content, quality, copyright compliance or legality, or any other intellectual property rights compliance, or any resulting loss or damage. Further, COMPANY are not liable for any kind of damages, losses or action arising directly or indirectly due to any content, including any errors or omissions in any content, access and/or use of the content on the Platforms or any of them including but not limited to content based decisions resulting in loss of data, revenue, profits, property, infection by viruses etc.
All of the data on products and promotions including but not limited to, the prices and the availability of any product or service or any feature thereof, is subject to change without notice by the party providing the product or promotion. USER should use discretion while using the Platforms.
COMPANY reserves the right, in its sole discretion and without any obligation, to make improvements to, or correct any error or omissions in, any portion of the Platforms. Where appropriate, COMPANY will endeavour to update information listed on the website on a timely basis, but shall not be liable for any inaccuracies.
All rights, title and interest including trademarks and copyrights in respect of the domain name and Platforms content hosted on the Platforms are reserved with COMAPNYl. Users are permitted to read, print or download text, data and/or graphics from the website or any other Platforms for their personal use only. Unauthorized access, reproduction, redistribution, transmission and/or dealing with any information contained in the Platforms in any other manner, either in whole or in part, are strictly prohibited, failing which strict legal action will be initiated against such users.
Links to external Internet sites may be provided within the content on website or other Platforms as a convenience to users. The listing of an external site does not imply endorsement of the site by COMAPNY or its affiliates. COMPANY or its affiliates does not make any representations regarding the availability and performance of its Platforms or any of the external websites to which COMPANY provide links. When USER click on advertiser banners, sponsor links, or other external links from the website or other Platforms, USER’s browser automatically may direct USER to a new browser window that is not hosted or controlled by COMPANY.
COMAPNY and its affiliates are not responsible for the content, functionality, authenticity or technological safety of these external sites. COMPANY reserve the right to disable links to or from third-party sites to any of our Platforms, although COMPANY are under no obligation to do so. This right to disable links includes links to or from advertisers, sponsors, and content partners that may use our Marks as part of a co-branding relationship.
Some external links may produce information that some people find objectionable, inappropriate, or offensive. COMPANY are not responsible for the accuracy, relevancy, copyright compliance, legality, or decency of material contained in any externally linked websites. COMPANY do not fully screen or investigate business listing websites before or after including them in directory listings that become part of the Materials on our Platforms, and COMPANY make no representation and assume no responsibility concerning the content that third parties submit to become listed in any of these directories.
All those sections in the Platforms that invite reader participation will contain views, opinion, suggestion, comments and other information provided by the general public, and COMAPNY will at no point of time be responsible for the accuracy or correctness of such information. COMAPNY reserves the absolute right to accept/reject information from readers and/or advertisements from advertisers and impose/relax Platforms access rules and regulations for any user(s).
COMAPNY also reserves the right to impose/change the access regulations of the Platforms , whether in terms of access fee, timings, equipment, access restrictions or otherwise, which shall be posted from time to time under these terms and conditions. It is the responsibility of users to refer to these terms and conditions each time they use the Platforms.
While every attempt has been made to ascertain the authenticity of the content in the Platforms, COMAPNY is not liable for any kind of damages, losses or action arising directly or indirectly, due to access and/or use of the content in the Platforms including but not limited to any decisions based on content in the Platforms resulting in loss of data, revenue, profits, property, infection by viruses etc.
USER should bring into their knowledge that any provider of goods or services is entitled to register with company. COMAPNY does not examine whether the advertisers are good, reputable or quality sellers of goods / service providers. USER must satisfy themselves about all relevant aspects prior to availing of the terms of service. COMAPNY has also not negotiated or discussed any terms of engagement with any of the advertisers. The same should be done by user. Purchasing of goods or availing of services from advertisers shall be at users own risk.
COMPANY do not investigate, represent or endorse the accuracy, legality, legitimacy, validity or reliability of any products, services, deals, coupons or other promotions or materials, including advice, ratings, and recommendations contained on, distributed through, or linked, downloaded or accessed from the Platforms.
References that COMPANY make to any names, marks, products or services of third parties or hypertext links to third party sites or information do not constitute or imply our endorsement, sponsorship or recommendation of the third party, of the quality of any product or service, advice, information or other materials displayed, purchased, or obtained by users as a result of an advertisement or any other information or offer in or in connection with the Platforms.
Any use of the Platforms, reliance upon any Materials, and any use of the Internet generally shall be at user sole risk. COMAPNY disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or material displayed in the search results in the Platforms.
THE MATERIAL AND THE PLATFORMS USED TO PROVIDE THE MATERIAL (INCLUDING THE website ) ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. COMAPNY DISCLAIMS, TO THE FULLEST EXTENT PERMITTED UNDER UAE LAW, ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY AND PERFORMANCE OF THE PLATFORMS AND MATERIALS. COMAPNY DOES NOT WARRANT THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
COMAPNY DISCLAIMS ANY AND ALL WARRANTIES TO THE FULLEST EXTENT OF THE UAE LAW, INCLUDING ANY WARRANTIES FOR ANY INFORMATION, GOODS, OR SERVICES, OBTAINED THROUGH, ADVERTISED OR RECEIVED THROUGH ANY LINKS PROVIDED BY OR THROUGH THE PLATFORMS SOME COUNTRIES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO USER. USER MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM COUNTRY TO COUNTRY AND JURISDICTION TO JURISDICTION.
DISCLAIMER for "COMAPNY GUARANTEE" and "COMAPNY’s Right"
The "COMAPNYl Guarantee" and "COMAPNY’s Right" is a limited assurance offered by COMAPNY that the name and contact information of the advertiser and the category in which the advertiser is listed by COMAPNY, have been verified as existing and correct at the time of the advertiser's application to register with COMAPNY. COMPANY makes no representations or warranties, whether express or implied, including but not limited to warranties of the continued existence and/or operations of the advertiser, or the quality, quantity, merchantability or fitness for use of the goods or services offered by the advertiser.
Users using any of COMAPNY service across the following mediums ie. through internet ie www.emiratesdial.com website, website, SMS, phone or any other medium are bound by this additional disclaimer wherein they are cautioned to make proper enquiry before they (Users) rely, act upon or enter into any transaction (any kind or any sort of transaction including but not limited to monetary transaction ) with the Advertiser listed with company.
All the Users are cautioned that all and any information of whatsoever nature provided or received from the Advertiser/s is taken in good faith, without least suspecting the bonafides of the Advertiser/s and COMAPNY does not confirm, does not acknowledge, or subscribe to the claims and representation made by the Advertiser/s listed with COMAPNY .Further, COMPANY is not at all responsible for any act of Advertiser/s listed at COMPANY platforms.
LIMITATION OF LIABILITY:
IN NO EVENT SHALL COMPANY BE LIABLE TO ANY USER ON ACCOUNT OF SUCH USER'S USE, MISUSE OR RELIANCE ON THE PLATFORMS FOR ANY DAMAGES WHATSOEVER, INCLUDING DIRECT, SPECIAL, PUNITIVE, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES OR DAMAGES FOR LOSS OF PROFITS, REVENUE, USE, OR DATA WHETHER BROUGHT IN WARRANTY, CONTRACT, INTELLECTUAL PROPERTY INFRINGEMENT, TORT (INCLUDING NEGLIGENCE) OR OTHER THEORY, EVEN IF COMPANY IS AWARE OF OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, ARISING OUT OF OR CONNECTED WITH THE USE (OR INABILITY TO USE) OR PERFORMANCE OF THE PLATFORMS, THE MATERIALS OR THE INTERNET GENERALLY, OR THE USE (OR INABILITY TO USE), RELIANCE UPON OR PERFORMANCE OF ANY MATERIAL CONTAINED IN OR ACCESSED FROM ANY PLATFORMS. COMAPNY DOES NOT ASSUME ANY LEGAL LIABILITY OR RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION, APPARATUS, PRODUCT OR PROCESS DISCLOSED ON THE PLATFORMS OR OTHER MATERIAL ACCESSIBLE FROM THE PLATFORMS.
THE USER OF THE PLATFORMS ASSUMES ALL RESPONSIBILITY AND RISK FOR THE USE OF THIS PLATFORMS AND THE INTERNET GENERALLY. THE FOREGOING LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW. SOME COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO ALL USERS; IN SUCH COUNTRIES LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
THIRD PARTY SITES:
MONITORING OF MATERIALS TRANSMITTED BY USER:
Changes may be periodically incorporated into the Platforms. COMPANY may make improvements and/or changes in the products, services and/or programs described in these Platforms and the Materials at any time without notice. COMPANY are under no obligation to monitor the material residing on or transmitted to the Platforms. However, anyone using the Platforms agrees that COMPANY may monitor the Platforms contents periodically to (1) comply with any necessary laws, regulations or other governmental requests; (2) to operate the Platforms properly or to protect itself and its users. COMAPNY reserves the right to modify, reject or eliminate any material residing on or transmitted to its Platforms that it, in its sole discretion, believes is unacceptable or in violation of the law or these Terms and Conditions.
DELETIONS FROM SERVICE: COMAPNY will delete any materials at the request of the user who submitted the materials or at the request of an advertiser who has decided to "opt-out" of the addition of materials to its advertising, including, but not limited to ratings and reviews provided by third parties. Company reserves the right to delete (or to refuse to post to public forums) any materials it deems detrimental to the system or is, or in the opinion of COMPANY, may be, defamatory, infringing or violate of applicable law. COMPANY reserves the right to exclude Material from the Platforms. Materials submitted to COMPANY for publication on the Platforms may be edited for length, clarity and/or consistency with COMPANY’S editorial standards.
USER agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including but not limited to reasonable attorneys' fees, made by any third party due to or arising out of USER’s breach of these Terms, USER’s violation of any law, or USER’s violation of the rights of a third party, including the infringement by USER of any intellectual property or other right of any person or entity. These obligations will survive any termination of the Terms.
These Terms will be governed by and construed in accordance with the UNITED ARAB EMIRATES laws, without giving effect to its conflict of laws provisions or USER’s actual state or country of residence, and USER agree to submit to personal jurisdiction of Duabi Court UAE. USER agree to exclude, in its entirety, the application to these Terms of the United Nations Convention on Contracts for the International Sale of Goods. USERS are responsible for compliance with applicable laws. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms to be unenforceable, the remainder of the Terms will continue in full force and effect. These Terms constitute the entire agreement between us and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding the subject matter of these Terms. Any waiver of any provision of the Terms will be effective only if in writing and signed by USER and COMPANY. COMAPNY reserves the right to investigate complaints or reported violations of these Terms and to take any action COMPANY deem necessary and appropriate. Such action may include reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties. In addition, COMPANY may take action to disclose any information necessary or appropriate to such persons or entities relating to user profiles, e-mail addresses, usage history, posted materials, IP addresses and traffic information. COMPANY reserves the right to seek all remedies available at law and in equity for violations of these Terms.
Notices. All of COMPANY notices, demands and other communications must be in writing and will be deemed to have been given (a) if mailed by certified mail, postage prepaid, (b) if delivered by overnight courier, (c) if sent by facsimile transmission and such transmission is confirmed as received, or (d) if sent by electronic mail, and such message is confirmed as received, in each case to the address, fax number or e-mail address specified on the Order for the recipient of such notice. All of USER notices, demands and other communications must be in writing and will be deemed to have been given (a) if mailed by certified mail, postage prepaid or if delivered by overnight courier, to our address: EMIRATES DIAL Latifa Tower, East Wing, 19th Floor, 1901, Sheikh Zayed Road Dubai UAE.
Force Majeure. In no event shall company or any Distribution Site have liability or be deemed to be in breach hereof for any failure or delay of performance resulting from any governmental action, fire, flood, insurrection, earthquake, powerfailure, network failure, riot, explosion, embargo, strikes (whether legal or illegal), terrorist act, labor or material shortage, transportation interruption of any kind or work slowdown or any other condition not reasonably within our control. User payment obligations shall continue during any event of force majeure. Indemnification. USER agree to indemnify us and the Distribution Sites and hold us and the Distribution Site harmless from and with respect to any claims, actions, liabilities, losses, expenses, damages and costs (including, without limitation, actual attorneys' fees) that may at any time be incurred by us or them arising out of or in connection with these Terms or any Advertising Products or services USER request, including, without limitation, any claims, suits or proceedings for defamation or libel, violation of right of privacy or publicity, criminal investigations, infringement of intellectual property, false or deceptive advertising or sales practices and any virus, contaminating or destructive features. Telephone Conversations. All telephone conversations between user and company about USER’s advertising may be recorded and USER hereby consent to such monitoring and recordation. Arbitration: Any disputes and differences whatsoever arising in connection with these Terms shall be settled by Arbitration in accordance with the Arbitration in. a) All proceedings shall be conducted in English language. b) Unless the Parties agree on a sole arbitrator there shall be three Arbitrators, one to be selected by each of the parties, and the third to be selected by the two Arbitrators appointed by the parties. c) The venue of Arbitration shall be in DUBAI, UNITED AARAB EMIRATES.
Entire Agreement. These Terms constitutes the entire agreement between USER and COMAPNY with respect to the subject matter of these Terms and supersedes all prior written and all prior or contemporaneous oral communications regarding such subject matter. Accordingly, USER should not rely on any representations or warranties that are not expressly set forth in these Terms. If any provision or provisions of these Terms shall be held to be invalid, illegal, unenforceable or in conflict with the law of any jurisdiction, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired. Except as provided in Section 1, These Terms may not be modified except by writing signed by USER and COMAPNY; provided, However, COMAPNY may change these Terms from time to time, and such revised terms and conditions shall be effective with respect to any Advertising Products ordered after written notice of such revised terms to USER or, if earlier, posting of such revised terms and conditions on our website or any Platform.
TERMS OF SERVICE (COMPANY PAY Receiver):
ED PAY TERMS OF SERVICE are a legally binding agreement between Merchant (hereinafter referred to as “USER”), and EMIRATES DIAL (hereinafter referred to as "EMIRATES DIAL") and apply to USER’s use of COMPANY Services. EMIRATES DIAL offers a payment service solution that allows users to make a payment for goods or services.
It is important that USER read and understand these Terms as they administrate user’s use of the ED PAY Services. These Terms contain a binding arbitration provision, which affects USER’s legal rights and may be enforced by the parties. By accessing or using the ED PAY Services, USER accept and agree to be bound by these Terms. If USER do not agree to these Terms, USER must immediately stop using the EDPAY Services.
COMPANY may amend these Terms at any time by posting a revised version on www.emiratesdial.com or any other website COMPANY maintain for purposes of providing the COMPANY PAY Services. Amended Terms are effective at the time COMPANY post them and USER’s continued use of the ED PAY Services constitutes USER acceptance of any amended Terms. COMPANY may notify USER regarding upcoming Terms changes by us.
By clicking on the “I AGREE” button or a similar affirmation, or by acknowledging acceptance of the Agreement by any other method allowed by COMPANY, or by using or accessing the ED PAY Services through any means permissible including, without limitation via a computer or a mobile application, USER acknowledge and agree that: (i) USER have reviewed and understands the Agreement; (ii) USER agree to be legally bound by the terms and conditions of the Agreement; and (iii) USER’S use of the ED PAY Services will be governed by this Agreement. If USER do not agree or are not willing to be bound by the terms and conditions of this Agreement, USER should not click on the “I AGREE” button and should not seek to obtain or use the COMPANY PAY Services.
COMPANY offers a ED Pay Services that, amongst other things, allows users (i) to make a payment via payment gateway links which shall be sent on their email/sms; (ii) scan QR Codes placed on invoices, web pages, emails, posters or other media produced by the Merchant to enable the Users to quickly and easily (i) register with and/or log in to the Merchant's website; and/or (ii) make payments to the Merchant.
The Merchant for the purposes of ED pay services is required to register with COMAPNY to be able to receive the Services. The Merchant may not receive the Services (including processing any Transactions) until it has been so authorised by COMPANY. By clicking on the check box Merchant agrees that it has read and understood this Terms of Service.
3. SCOPE OF SERVICES:
The Merchant is desirous of availing ED Pay Services in order to accept the payments online from Customers for Services / Products purchased by them (Customers) from the Merchant or its agents.
COMAPNY hereby grants Merchant a right to access and use the ED Pay Services and to utilize systems, and/or communication links furnished by COMAPNY in accordance with this Terms of Service and any other implementation and use requirements provided to Merchant by COMAPANY from time-to-time.
Merchant shall not misuse, rent, lease, assign, or otherwise transfer the ED Pay services to any other Person. Merchant may not alter, reproduce, adapt, distribute, display, publish, reverse engineer, translate, disassemble, decompile or otherwise attempt to create any source code that is derived from or included in the ED Pay services/System. All rights, title and interest to the ED Pay services are owned exclusively by COMAPNY.
COMAPNY shall perform the Services with reasonable skill and care.
4. ELIGIBILITY :
While using ED Pay Service, USER represent and confirm that:
USER should be 18 (eighteen) years of age or older;
USER should hold valid trade license, a legal resident of UAE or a business entity, authorized to conduct business in UAE;
USER are not 'incompetent to contract' within the meaning of the UAE Law; and
USER are entering into and performing this Agreement, as per applicable law and are not a person debarred from using the ED Pay Service under the laws of UAE or other applicable laws.
ED Pay Service can only be used in UAE. USER acknowledge that COMAPNY Services may be subject to export restrictions imposed by the laws, rules, regulations, and guidelines in force in UAE.
5. OUR RELATIONSHIP WITH MERCHANT:
COMAPNY facilitates individuals and legal entities in accepting payments initiated by their customers on their website or mobile application directed to the COMPANY’S Site or through COMPANY’s IVR System, using Valid Cards, Net Banking and various other acceptable modes of Payment Mechanism provided by COMPANY.
ED Pay is a software application. COMPANY will act as an intermediary, by creating a link between the Merchant and the respective Financial Institution by means of the Software Application and COMPANY site, for enabling the Customers to make payment for the Transactions carried, using ED Pay Service. In order to serve in this role, COMPANY have entered into agreements with Financial Institution and other software providers who are in the business of providing services, including but not limited to, internet based electronic commerce, internet payment gateway and electronic software distribution services, to enable use of internet payment gateways developed by them, to (i) route internet based Valid Card Transactions; (ii) offer various facilities through the internet, including net banking facilities; (iii) provide Authorization from Card Associations or other third party clearing houses; and (iv) provide settlement facilities in respect of payment instructions initiated by the Buyers.
These Transactions are between USER and USER’S Customers and COMPANY is only acting as an intermediary. COMPANY are not (i) a payment System Provider, (ii) a banking company or institution.
The relationship between COMPANY and USER is on principal-to-principal basis. Nothing contained herein shall be deemed to create any association, partnership, joint venture or relationship of principal and agent or master and servant, or employer and employee between us hereto or any affiliates or subsidiaries thereof or to provide either Party with the right, power or authority, whether express or implied to create any such duty or obligation on behalf of the other Party.
COMPANY has no connection or interest of whatsoever nature in USER’s business or the Products offered/ marketed on the Merchant Site. COMPANY shall provide ED Pay Services to USER, as an independent entity and under the terms and conditions of this Agreement. COMPANY has no relationship with the Customers and all actions under this Agreement which may affect the Customers are instructed by USER. USER alone shall be responsible to the Customers and neither Company nor the Financial Institution or anybody connected to COMPANY or Financial Institution shall have any responsibility or liability towards the Customers and USER shall keep COMPANY and Financial Institution fully indemnified for all times to come in this respect.
COMPANY is neither concerned nor required to monitor in any manner the use of the payment modes by the Customers for procuring / availing the Products. The Customers should be required to use the payment modes at their sole option and risks. USER shall be required to notify this responsibility to all its Customers under the instructions provided by COMPANY.
6. OBLIGATIONS OF COMPANY:
In providing the Services, the COMPANY is acting as an Intermediary between the Merchant and Customers/Users. The contract for the sale of goods or services will be between the Customers/Users and the Merchant. The Merchant shall be solely responsible for all customer service issues relating to its supply of goods or services (including pricing, rebates, item information, availability, technical support, functionality, warranties, guarantees, order fulfilment, shipping, handling, order cancellation, returns, refund, adjustments, feedback and product or service complaints). In performing customer service, the Merchant shall present itself to its customers COMPANY Provider. It is the responsibility of the Merchant and not the COMAPNY to resolve any dispute or claim raised by Customers/Users relating to the purchase or sale of goods or services from the Merchant.
In case of an unauthorized Refund or a Refund that was incorrectly executed due to an error by COMPANY, COMPANY shall at the Merchant's request immediately credit to the Merchant Account the refunded amount including all related Service Fees deducted therefrom. The COMAPNY shall not be liable, where the unauthorized Refund arises from: (a) the Merchant's failure to keep the personalized security features of the Merchant’s Account safe in accordance security policies prescribed under the law time being in force; or (b) any breach of this Agreement by the Merchant, or the Merchant 's negligence or willful misconduct; (c) if the Merchant fails to notify the COMPANY of any loss of the Merchant's Password or other event that could reasonably be expected to have compromised the security of the Merchant Account after the Merchant has gained knowledge of such event; or (d) the Merchant fails to dispute and bring the unauthorized or incorrectly executed transaction to the COMPANY’s attention within 24 (Twenty-four) Hours from the time/date of the transaction.
COMPANY is obligated to perform only those duties expressly described in this Agreement. COMPANY shall not be liable for any error in judgment, for any act taken or not taken, or for any mistake of fact, except for as expressly provided for herein.
COMPANY shall maintain daily transaction record for accounting purpose and data and information generated/maintained by COMPANY under this agreement shall prevail and be binding on the parties.
COMPANY hereby agrees that the payment identification number generated by COMPANY shall be the proof of payment made by COMPANY to Merchant.
7. OBLIGATION OF THE MERCHANT
Merchant shall be responsible for working with the COMPANY development team to make sure ED Pay Services are available subject to pre notified downtime of the system.
Merchant will designate an Account to which all amounts due pursuant to ED Pay Services will be credited as per its terms and Conditions. Merchant shall be responsible for providing its accurate bank details to COMPANY. COMPANY shall not credit amounts due pursuant to ED Pay Services to the Merchant’s Account, until or unless Merchant shall not settle all disputes relating to payment or chargeback etc.
Merchant hereby expressly authorizes COMPANY to initiate credit entries to Merchant’s Account for payment of amounts due to Merchant as per record and entries available with COMPANY, and to debit Merchant’s Account (for commission, payment gateway charges or any other charges) from time to time.
Merchant hereby confirms to provide relevant information to Company and to comply with applicable laws and industry rules or standards or as otherwise reasonably necessary to receive ED Pay services from COMPANY. m Merchant shall be required to submit the KYC documents as sought by the COMPANY from time to time or in compliance to statutory obligation for the purposes of availing services under this agreement.
Merchant agrees to maintain Transaction records and retain proof of delivery of services from the customers for up to two (2) years from Transaction date and to make these records available to COMPANY upon request.
The Merchant shall not offer to its Customer any Product or Services, which are illegal or offensive or banned as per the list provided in Annexure ‘A’ and/or is not in compliance with applicable laws, and regulations whether central, state, local or international of all jurisdiction from where the Customers avail the Products or Specified Purpose Services. The Merchant agrees and understands that COMPANY reserves the right to suspend payments to the Merchant or suspend the services of the Merchant, until such time that the Merchant does not discontinue selling such banned/illegal Products or uses the Funds collected for illegal, unlawful or banned purposes or does not conform with all applicable laws and regulations in force from time to time. In addition, COMPANY reserves the right to terminate this Agreement forthwith, in the event that the Merchant continues to sell such banned/illegal Products or uses the Funds collected for illegal, unlawful or banned purposes.
Merchant acknowledges that with respect to Transactions, COMPANY will be acting as the payment facilitator to the Merchant.
Merchant for any support or disputes can email at EDpaydisputes@emiratesdial.com, with brief details of the support required or call on our Toll-Free No.80033425.
Merchant shall not cause to be done any act/representation/omissions which results to loss of goodwill and damage to the reputation of COMPANY and vice versa.
Merchant or any person on behalf of Merchant must vigilantly comply with all applicable law.
Merchant shall take all such precautions and security measures to ensure that there is no breach of security and the integrity of the link and they have a proper encryption and robust security measures to prevent any hacking into the information of the customers and other data pertaining to customer/COMPANY. Merchant should have to do the following: use anti vires, protect the Password and Login ID, restrain from using Unlicensed or unmanaged applications, restrain from using third party links, and protect its devices and the data from unauthorized access etc. In the event of any loss being caused as a result of the link being breached due to fraud, negligence and misconduct of the Merchant and any person on it’s behalf, the Merchant shall indemnify and keep indemnified COMPANY, from any loss as may be caused to it.
Merchant shall provide such assistance for the prevention and detection of fraud in respect of any transaction as COMPANY may from time to time request.
In the transaction between the Merchant and the Customers, COMPANY shall not be responsible for any defect in goods/services sold/provided by the Merchant. COMPANY shall not be deemed to be a party in respect of any such Transaction. Any and all disputes, subject to the other provisions of this Agreement, between the customers and Merchant in respect of any goods/services sold/provided by Merchant shall not require COMPANY to be a party to any such dispute except where the dispute between COMPANY and the Customer has arisen by the acts and omission of COMPANY.
Merchant agrees that it shall provide to COMPANY the Customer Data relating to the Customers as defined under this agreement.
a. The Merchant shall only accept Payments from and/or make Refunds to Customers/Users in connection with goods and/or services which the Merchant has sold and supplied to those Customers/Users;
b. The Merchant shall only accept Payments and/or make Refunds in respect of goods and services the sale and supply of which commonly falls within the Merchant's business as identified to the COMPANY
c. The Merchant shall only accept payments and submit data to COMPANY in respect of Transactions which Customers/Users have authorized in accordance with Applicable Law, the Agreement and any other information or instructions provided by COMPANY to the Merchant from time to time.
d. The Merchant shall cooperate with the COMPANY and provide all information as the COMPANY shall reasonably require enabling it to provide the ED PAY Services;
Merchant shall display the QR Code at significant location where it is easily visible to customers.
e. The Merchant shall also be responsible for informing, updating the customers about the cancellation and refund policy and COMPANY shall not be responsible for the same in any manner.
f. The COMPANY shall have no liability for any failure to provide or delay in providing the Services in accordance with the terms of this Agreement to the extent such failure or delay results from the failure of the Merchant to comply with terms or the Merchant has otherwise caused or contributed to the failure (by act or omission).
Unless otherwise agreed by the COMPANY in writing, the Merchant acknowledges and agrees that it shall (at its own cost) be solely responsible throughout the Term for the provision of all equipment, software, systems and telecommunications facilities which are required to enable the Merchant to receive the Services.
g. Merchant will comply, at its own expense, with all laws, policies, guidelines, regulations, ordinances, rules, and/or orders of any governmental authority or regulatory body having jurisdiction over the subject matter hereof, including, without limitation, terms of issuing Banks or/and terms of the Payment Gateway Provider. COMPANY reserves the right to amend, modify or change the Services documentation at any time. Merchant shall not use the Services in any manner, or in furtherance of any activity that may cause COMPANY to be subject to investigation, prosecution, or legal action.
h. Merchant will comply, and will cause its employees, agents and sub-contractors to comply, with Data Protection Legislation in connection with the performance of its obligations under this Agreement. USER is responsible for keeping USER’s Account login information, password, and PIN secure.
i. USER’s use of third party products and services shall be governed by and subject to separate third party product, service, software and/or license agreements. COMPANY shall not be a party to such third party agreements and does not warrant or guarantee any third party product or service.
j. Merchant shall provide the correct personally identifiable information of its customers/end users including but not limited to name, address, contact no. etc to COMPANY in all respects. COMPANY shall not be responsible, for any loss, or damages, causes either to Merchant and/ or customers/end users, in any manner whatsoever, due to the incorrect/false personally identifiable information of customers/end users, provided by the Merchant and the Merchant shall not claim or challenge for the same.
k. If USER link a bank account with ED Pay, the bank must be a registered with Central Bank. When USER make a payment that is funded by USER’s bank, USER are authorizing COMPANY and our Financial Institution Partners to initiate an electronic transfer from USER’s linked bank in the amount USER specify. USER are solely responsible for complying with any terms set by USER’s bank with respect to USER’s bank account, including any fee terms, such as non-sufficient fund or overdraft fee terms. If USER are entitled to a Reversal, refund, or other adjustment associated with a payment USER made using the ED Pay Services, USER also authorize COMPANY to credit USER’s linked bank account to complete that transaction.
l. USER shall have the marketable and legal right and title to sell Products offered by it to the Customers by using ED Pay.
m. In the event any Customer complaints or is dissatisfied with any Product, USER shall take such measures as may be required to resolve the same at its sole cost and expenses.
n. USER shall ensure that the best service standards in the industry are adopted and shall ensure Delivery of all Products paid for on the Merchant Site to Customers in accordance with the highest standards.
o. USER shall be solely responsible for the accuracy of all information and/or validity of the prices and any other charges and/or other information relating to the Products, which are offered by USER.
p. USER hereby agree that it shall bear and be responsible for the payment of all relevant taxes, surcharge, levies etc. (including withholding taxes) in relation to the Customer Charge and ED Pay Services provided under this Agreement.
q. In the event that USER opt for ED Pay Services, USER agree and understand that USER and USER’s Customers shall be bound by the terms and conditions at www.emiratesdial.com/terms.USER shall ensure that USER and all USER’s Customers comply with the terms and conditions.
r. USER will not engage in any activity, including the development or distribution of an application, that interferes with, disrupts, damages, or accesses in an unauthorized manner the servers, networks, or other properties or services of any third party including, but not limited to, COMPANY or Financial Institution Partners.
s. USER shall ensure to keep confidential, all information submitted by the Customers to USER. The Customer shall not be required or asked to disclose any confidential or personal data, which may be prejudicial to interests of the Customer. USER shall use the Customer data only for the purpose of completing the Transaction for which it was furnished, and shall not sell or otherwise furnish such information to any third party. USER shall be liable to comply with existing data privacy regulations from time to time.
t. USER shall in writing inform COMPANY of all changes in its constitution, directors/partners/trustees, or change in the current addresses of each office, within seven (7) Business Days of such change having taken place listing out the names and details of the personnel in charge of USER’s management and affairs. Such intimation shall be provided on USER’s letterhead signed by USER’s authorized signatory.
u. USER shall not engage in activities that harm the business and/or brand of COMPANY, the Financial Institutional Partners.
v. USER shall be responsible to resolve all customer disputes and provide whatever assistance necessary to assist the Financial Institutional Partners and COMPANY deal with all Customer disputes at its own cost.
w. USER authorize COMPANY to share Transaction data and Customer information with the respective Financial Institutional Partners.
x. USER agree that COMPANY reserves a right to suspend the payment and/or ED Pay Services provided herein, forthwith, in event USER fail to observe the terms and conditions herein.
y. USER agree that COMPANY shall not be responsible for any incorrect information provided by Merchant and the transaction thereof.
z. Merchant shall immediately inform COMPANY incase of any theft or lost of its instruments /mobile devices etc. used for the ED Pay services. Merchant agrees that COMPANY shall not be responsible in the event merchants fails to inform about such lost/theft of instruments /mobile devices etc.
aa. USER acknowledge and confirm that while accepting the payment using ED Pay, USER shall not demand any Customer (Cardholder) to pay any surcharge, to pay any part of the discount, whether through any increase in price or otherwise, or to pay any contemporaneous finance charge in connection with the transaction in which a ED Pay is used. If at any stage it is brought to the notice of Emirates Dial/ Bank that such a charge is being levied by USER, then services will be immediately terminated by COMPANY or the Bank.
10. OBLIGATIONS TOWARDS FINANCIAL INSTITUTION PARTNERS
As USER will be using the ED Pay Service, USER undertake comply with all applicable rules, guidelines, instructions, requests and actions, etc., made by the Financial Institution Partners from time to time. The Financial Institution Partners may also put limitations and restrictions on USER, at its sole discretion. In addition, the Financial Institution Partner has the right to reverse/reject settlement, suspend and/or terminate services, make inspections or inquiries in relation to the Transaction, etc. USER understand and acknowledge that the Financial Institution Partners Rules form a part of this Agreement. In the event that USER’s non-compliance of Financial Institution Partners Rules, results in any fines, penalties or other amounts being levied on or demanded of COMAPANY by an Financial Institution Partners, then without prejudice to COMAPANY’s other rights hereunder, USER shall forthwith indemnify COMAPANY in an amount equal to the fines, penalties or other amount so levied or demanded. If USER fail to comply with USER’s obligations towards the Financial Institution Partners, COMAPANY may suspend settlement or suspend/terminate the ED Pay Services forthwith.
11. CONNECTIVITY AND INTEGRITY OF HOTLINK:
USER shall be responsible at USER’s own costs for providing and maintaining all necessary equipment, software and facilities at USER’s end so as to connect the ED Pay Service.
USER shall be responsible at USER’s own costs for providing and maintaining all necessary equipment, software and facilities at USER’s end so as to connect the ED Pay Service.
USER shall take all such precautions and measures as may be directed by COMPANY from time to time to ensure that there is no breach of security and the integrity of the link. USER shall also ensure that there are proper encryption and robust security measures to prevent any hacking into the information of the Customers and other data. In addition to the above. Any loss incurred to USER, COMPANY or Financial Institution Partner as a result of the Hotlink being breached due to improper security on part of USER, USER’s employees, contractors, agents, etc, shall be borne solely by USER and USER agree to indemnify, defend and hold harmless COMPANY and the Financial Institution Partner from any claims, actions, damages or losses arising out or in relation thereto.
Without prejudice to the generality of the aforesaid, USER shall routinely and at such time intervals as may be specified by COMPANY check the integrity of the Hotlink and provide such reports from time to time.
Merchant hereby agrees and confirms to include the name and logo of COMPANY/ED Pay Services in all of their advertisement / promotional material upon taking written consent from COMPANY in writing.
13. REPRESENTATION, COVENANTS AND WARRANTIES OF MERCHANT:
Merchant has all the necessary licenses, permissions, approvals, rights and is fully authorized to sell the products/services to customers;
Merchant has full corporate power and authority to execute, deliver and perform this Agreement;
Merchant has obtained all licenses, clearances, permissions, approvals or consents from any third party or any regulatory or government body which are required by applicable law or regulations, to execute the business/services of this Agreement.
Merchant confirms that, the execution of this Agreement and the performance of its obligations under this Agreement and the implementations of the terms and conditions contemplated hereby do not constitute a breach of any contract, agreement, arrangement or understanding, entered into by it with any third party, or any IPR of any third party;
Merchant confirms that the execution of this Agreement and the performance of its obligations under this Agreement and the implementations of the terms and conditions contemplated hereby does not violate any statute, regulation, rule, order, decree, injunction or other restriction of any governmental agency or Court or any regulatory authority to which it is subject or any of the provisions of its’ constitutional documents;
Merchant shall post its refund/cancellation policy on its website and shall ensure that its Customers are bound by the refund/cancellation policy. Merchant agrees to put up such notices, disclaimers or warranties as may be required under the law and/or by ED.
Merchant hereby agrees that COMPANY does not verify the identity of Users of the Service and that the information provided to Merchant is the information received from the User/customer which has not been independently verified by COMPANY.
Merchant shall solve/reply all issues and queries pertaining to customers complaints to their satisfaction including the issues relating to the refund amount of cancelled transactions within 24 (Twenty-four) hours failing which COMPANY shall be entitled to debit the amount of such cancelled transaction from Merchant’s account without any further communication to Merchant.
In consideration of COMPANY providing the services as provided under this agreement, Merchant shall at all times use the logo of COMPANY/ ED Pay services in all their promotional material and in their advertisement after taking the written consent from COMPANY.
In consideration for ED Pay Service, USER shall pay Transaction Discount Rate (“VAT”). The VAT shall be deducted by COMPANY from the Customer Charge payable to USER in respect of each completed Transaction. COMPANY reserves the right to revise the VAT periodically, and COMPANY will intimate USER of any such change within reasonable time.
In consideration for ED Pay Service, USER shall pay Transaction Discount Rate (“VAT”). The VAT shall be deducted by COMPANY from the Customer Charge payable to USER in respect of each completed Transaction. COMPANY reserves the right to revise the VAT periodically, and COMPANY will intimate USER of any such change within reasonable time.
15. PAYMENT & SETTLEMENT TERMS:
The ED Pay Services may enable the Merchant to receive immediate Payments from Users who authorize and initiate those Payments via payment gateway links or QR Code. When a User initiates a Payment, the COMPANY will process the Payment. Provided that the issuing bank authorizes the payment, COMPANY will credit the Merchant Account for the amount of the Payment less any applicable Fees. If the Merchant does not receive the payment, the Merchant shall immediately contact the COMPANY.
Merchant is solely responsible for payment reconciliation of Transaction history with its actual Transactions. However, if Merchant find’s any discrepancy during reconciliation, Merchant agrees to notify COMPANY and COMPANY will promptly investigate and attempt to resolve any reported discrepancies. In the event of any dispute in the reconciliation/Invoice, COMPANY shall have a right to review and verify, the information provided by Merchant under this Clause based on the data and information available with COMPANY. It is hereby expressly agreed between Parties that in case of any discrepancy, the data and information generated by COMPANY shall prevail and be binding upon the Parties and the merchant shall not challenge the same in any manner whatsoever.
COMPANY may suspend the processing of any Transaction / stop the payment to Merchant where COMPANY reasonably believes that the Transaction may be fraudulent or involves any criminal activity, until the satisfactory completion of the COMPANY’s 's investigation or that of any third party under Applicable Law. COMPANY may also initiate a Refund if a Payment is reversed by a court, regulatory authority or other third party acting in accordance with Applicable Law, (b) COMPANY, in its sole and absolute discretion, accepts or has reason to believe that a Payment was not authorized by the relevant User, or (c) a Payment is allegedly fraudulent, unlawful, suspicious, or in breach of this Agreement. In circumstances where the Merchant agrees to refund all or part of a Payment in connection with a purchase made by a User, the Merchant must initiate a Refund to that User.
COMPANY may refuse to execute a Refund if it does not meet the conditions in this Agreement or is prohibited by law. If COMPANY does refuse to execute a Refund, within the time for processing the Refund, it will notify the Merchant (unless prohibited by law) of the refusal and, if possible, the reasons for it and the procedure for correcting any factual mistakes that led to the refusal. Any Refund that is refused will not be deemed to have been received for purposes of execution times and liability for non-execution or defective execution. In order to reclaim an unauthorized or incorrectly executed Refund on the Merchant Account, the Merchant must notify COMPANY without undue delay after becoming aware of the unauthorized or incorrect Refund and in any event no later than 7(Seven) days after the debit date of the Refund
It is acknowledged and confirmed by Merchant that COMPANY may in future charge the commission percentage by notifying to Merchant.
In the event of termination of this agreement, Merchant undertakes and confirms to pay all amounts of money that are due and payable to COMPANY within Two (2) days of termination of this Agreement. Merchant shall at all times be responsible for any expenses, cost, charges that may be incurred by COMPANY for providing ED Pay Services including but not limited to payment gateway charges, any fees or penalty imposed by payment gateway service provider or issuing institutions etc.
COMPANY shall do the settlement of transaction amount with Merchant on every business day except Saturday, Sunday or any declared holiday. The amount of the Settlement Payment for any Settlement Period shall be the aggregate amount of the Payments made by the Customers/Users in such Settlement Period less the following amounts: (A) the aggregate amount of Refunds made during such Settlement Period plus the aggregate Refund Fees applicable to such Refunds; (B) the aggregate amount of Chargebacks (plus the applicable Chargeback Handling Fees) made in such Settlement Period; (C) the Settlement Fee (if any)/ payment gateway charges owed by the Merchant for such Settlement Payment; and (D) any other relevant Fees relating to such Settlement Period.
COMPANY may defer any Settlement Payment: (A) if the amount of such Settlement Payment is less than the minimum Settlement Payment threshold that the COMPANY reasonably determines in the COMPANY’s 's sole and absolute discretion (of which the COMPANY will notify the Merchant from time to time), until the total Settlement Payment payable reaches that threshold; (B) where the COMPANY reasonably believes that a Transaction may be fraudulent or involves other criminal activity, until the satisfactory completion of the COMPANY 's investigation or that of any third party; or (C) without limit in amount or time, if COMPANY becomes aware or reasonably believes that the Merchant is in breach of or likely to be in breach of the Merchant's obligations under this Agreement.
COMPANY may at its sole and absolute discretion deduct or withhold such sums from, or set-off such sums against, any Settlement Payment; and/or send the Merchant an invoice for any or all such sums, which invoice shall be payable in accordance with its terms.
COMPANY will make the settlement of the amount in the Merchant’s bank account provided by the Merchant to COMPANY.
COMPANY generates a successful transaction report daily at 00.00 hours through its system automatically and without any human intervention. The said transaction report is made available to the Merchant on regular basis. It is understood between the Parties that since the transaction report is generated automatically and independently, hence it shall prevail and be binding upon the Merchant and the merchant shall not challenge it any manner whatsoever.
Merchant shall be liable to deposit all indirect taxes that may arise on orders/bookings placed by the Customer. Merchant agrees to indemnify COMPANY in case any demand of indirect taxes is raised by the revenue authorities including interest and penalty in relation to indirect taxes implications on the orders/bookings placed by the Customer under this agreement.
COMPANY is only acting as a facilitator for receipt of payment of goods/services for Merchants. COMPANY does not maintain/deliver any goods at any point of time and property in goods does not pass to COMPANY under any circumstances. COMPANY is not responsible for issuing any invoice on the customer either directly or on behalf of the Merchant and not liable for any tax liability pertaining to this transaction except on commission income (if any) earned by it.
COMPANY shall have no liability for any penalty, interest, fine or other charges due to the delayed or non-payment of any (applicable) taxes to the tax authorities under this agreement.
USER understand and acknowledge that at any time and from time to time, COMPANY may temporarily suspend or delay payments to USER or require USER to provide COMPANY with Reserve of such amounts as may be requested by COMPANY to secure the performance of USERs payment obligations under this Agreement for reason, including without limitation, high Chargeback risk, credit risk, refund overdraft risk, non-delivery issues, selling of banned items, non-payment of maintenance fees or other amount payable to COMPANY or any other indications of performance problems related to USERs use of the ED Pay Service. If USER fail to provide COMPANY with Reserve within seven (7) days of receipt of notice for the same, COMPANY reserves the right to suspend and/or terminate the Settlement Amount payable USER or the ED Pay Service without further notice. COMPANY may use this Reserve to set-off including but not limited to any Outstanding Amounts payable by USER to COMPANY, Financial Institution and/or Customers.
In case the Settlement Amount payable to USER and/or the Reserve (if any) is not sufficient to cover USERs Outstanding Amount, then USER shall pay COMPANY and/or the Financial Institution the remaining amount due immediately upon request. COMPANY shall be entitled to charge daily interest on such Outstanding Amount from the date of request until the date of payment in full, at the rate of 1.5% per month. Provided that the above right of COMPANY to appropriate the Reserve and set-off the Outstanding Amount in the above manner shall be in addition to and reserving fully the right of COMPANY to recover all such losses, costs and damages etc. from USER by any other means, which may be available to COMPANY under the law. In addition, USER agree to pay all costs and expenses, including without limitation attorneys' fees and other legal expenses, incurred by or on behalf of us in connection with the outstanding amount and the collection of same from USER.
The Merchant shall bear the risk of Chargebacks initiated in respect of Customers/Users. If a Chargeback is initiated, COMPANY will deduct from the Merchant Account the amount of the Chargeback plus the applicable Chargeback Handling Fee. The Merchant will provide such information and assistance as is reasonably requested by COMPANY to process, administer, challenge or dispute Chargebacks. If the Chargeback is successfully challenged by submitted relevant documents and reversed, COMPANY shall credit the Merchant the amount of such reversal and if Merchant is unable to defend the Chargeback then COMPANY shall deduct the amount from Merchant’s account and shall credit in the User’s account.
Merchant hereby acknowledges that Issuing Bank/ payment Gateway service provider reserves the right to either accept or reject the chargeback of the Customer.
In case of cancellation of transactions by the, refund process shall be as follows:
The Merchant shall give intimation to COMPANY regarding details of transactions cancelled by the customers either by electronic mail or by letter.
COMPANY shall not be liable for the calculation of cancellation charges which may be based on factors like terms & conditions of the Merchant selling the goods/services, the time of cancellation and the status of the transactions and shall accept the refund sent by the COMPANY as final in this regard. The Merchant shall provide the details and COMPANY will credit the amount of refund due to the customers.
COMPANY shall reverse the debit entries in case of refund transaction from Payment Gateway Service Provider and shall in turn debit the Merchant with the amount of cancellation money as given by COMPANY and crediting the same to Customer.
In case of fraudulent online purchase transaction done by Customer then it shall be resolved by Customer and the Merchant at the exclusion of COMPANY. The Merchant shall immediately inform the COMPANY.
18. OWNERSHIP AND INTELLECTUAL PROPERTY RIGHTS:
Both the Parties hereby acknowledge and agree that each Party is the absolute owner of all right, title and interest in respect of their own trade name, logo, trademark, copyright, device, label, color combination, artwork and visual representation and they shall not, by virtue of this Agreement, assume activities under this Agreement or affiliation with the other Party, acquire or claim any interest in any such trade names or copyright belonging to and/or owned by the other Party.
Each Party shall at all times, render assistance in its power to restrain the infringement, passing-off, duplication, unauthorized use or colorable imitation of any such trade descriptions, logo, device, label, art work, trade names, trademarks or Copyrights.
Each Party hereby agrees and undertakes that it shall not register, use or file and/ or assist in and/ or allow registering, using or filing, either directly or indirectly, for itself or through, on behalf of or in conjunction with any person or legal entity and whether as principal, agent, shareholder, consultant, employee or in any capacity whatsoever, any trademarks/ service marks in any class, either alone or in combination with any other mark or material, which is similar and or identical and/ or resembling in any manner with the other party’s marks and/ or intellectual property rights of the other party and not to associate the other party marks and/ or intellectual property rights of the other party with its own business and/ or the business of any third party associated with it, except as contemplated under this Agreement.
Upon the termination of this Agreement for any reason, the Parties shall immediately cease to use other party’s marks and/ or intellectual property rights vested in the other party in any manner whatsoever.
Either Party shall not claim any right, title, or interest in the other party marks and/ or intellectual property rights vested in the other party and the same shall at all times continue to be the exclusive property of the other party. Either party shall not directly or indirectly do anything which shall have an adverse impact on the other party’s marks and/ or intellectual property rights and/ or confidential information of the other party. In the event of termination of this Agreement the provisions of this Clause 10 shall survive the termination of this Agreement.
Except as specifically set out in this Agreement, no announcement or communication concerning the terms of this Agreement shall be made or caused to be made before or after the execution of this Agreement, by both Parties without mutual consent.
Both Parties have agreed that, save and except with the prior written consent of the other Party:
On and from the date of this Agreement, the contents of this Agreement and any documents, data, or information, which a Party may obtain from the other Party pursuant to this Agreement, or sensitive personal data and information defined under the (reasonable security practices and procedure and sensitive personal data or information) (hereinafter referred to as "Confidential Information") shall be kept confidential and shall not be disclosed by either Party to any third party.
Upon the expiry of the term of this Agreement or the termination of this Agreement, neither Party shall issue any adverse official written communication relating to such termination or the factum of this Agreement.
However, the Parties may disclose such Confidential Information under following circumstances: (i) if it is essential for the assessment of the transaction to disclose Confidential Information, (ii) may disclose such Confidential Information to its employees, agents and advisors (including without limitation, attorneys, accountants, consultants, bankers, financial advisors, or their representatives) whose knowledge of the Confidential Information is essential for fulfilling its obligations under the Agreement; (iii) disclose the said confidential Information to lawful authority after getting the lawful order; & (iv) where the disclosure is necessary for compliance of a legal obligation. Subject to the aforesaid conditions, the Parties shall not under any circumstances disclose to any third party or to any other COMPANY the terms and conditions of this Agreement & all confidential Information, documents, manuals and other materials provided by the other Party, during the subsistence & survival of this Agreement.
Upon the expiration, cancellation or termination of this Agreement, each Party shall forthwith stop using and, return or destroy all Confidential Information, documents, manuals and other materials provided by the other Party. Upon request, the receiving Party shall send disclosing Party a certificate specifying that all the Confidential Information, documents, manuals and other materials have either been destroyed or returned.
In the event either Party violates or causes to be violated any of the provisions of this Clause during the term of this Agreement and after its expiry or sooner termination, the other Party shall, without prejudice to its other rights to claim injunctive relief, be entitled to claim from the Party in breach, and the Party in breach shall be liable to pay to the other Party as liquidated damages, compensation to the tune of actual amount of damages as determined and supported by proof of evidence, by the other Party. The above clause shall survive for the period of three years after the termination of the Agreement.
20. WARRANTIES AND INDEMNITIES:
The Merchant warrants and represents that all information provided to COMPANY in the course of applying to use the ED PAY Service is true and accurate in every respect and the Merchant will keep all such information up to date during the Term.
The Merchant warrants that it will conduct its business in the Territory and that it will only use the Services and/or receives Payments within the Territory. The Merchant warrants and represents that the sale and purchase of goods and services by Users/Customers and the integration of ED PAY meet all Applicable Law in the Territory and the provision of the Services by COMPANY will not contravene any such Applicable Law. If it is determined that such acts do contravene any Applicable Law, COMPANY may terminate this Agreement immediately.
The Merchant shall indemnify and hold COMPANY/ Payment Gateway Service Provider harmless from and against any and all claims brought against COMPANY/ Payment Gateway Service Provider by Users/Customers or a financial institution or other third party, or which COMPANY may suffer or incur, to the extent such claims arise out of or in consequence of or in connection with: (A) a Transaction; (B) any security breach in relation to compromise or theft of Payment data held by the Merchant or on the Merchant's behalf; (C) a breach of the warranties clauses and; (D) a failure by the Merchant to comply with the requirements of a regulatory authority or Applicable Law;.
21. LIMITATION OF LIABILITY:
This clause sets out the entire liability of the parties (including any liability for the acts or omissions of their respective employees, agents and sub-contractors) to each other in respect of: any breach of this Agreement; any use made by the Merchant or its Affiliates of the Services or any part of them; and any representation, statement or tortious act or omission (including negligence) arising under or in connection with this Agreement. All warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from this Agreement. In particular, and except as expressly stated in this Agreement: COMPANY makes no representations or warranties, express or implied, with respect to Merchant ability, fitness for a particular purpose or non-infringement; COMPANY does not warrant or guarantee that Merchant will achieve any level of sales, revenue or profit; COMPANY does not warrant or guarantee that the ED PAY Services will always be available or operate error-free, or that any errors, omissions or misplacements in the software will be corrected.
Nothing in this Agreement shall limit or exclude the liability of either party for death or personal injury resulting from negligence; fraud or fraudulent misrepresentation; the indemnification obligations; or any other liability that cannot be excluded by Applicable Law.
Without prejudice to above clause: COMPANY's total liability arising under or in connection with this Agreement, whether arising in contract, tort (including negligence) or restitution, or for breach of statutory duty or misrepresentation, or otherwise, shall be limited to an amount not more than the payment made by the customers/users in the one month immediately prior to the date on which the cause of action for such liability arose;
THIS SERVICES ARE PROVIDED ON AN “AS IS, “AS AVAILABLE” BASIS WITHOUT ANY REPRESENTATIONS OR WARRANTIES. COMPANY DOES NOT REPRESENT OR WARRANT THAT THE SERVICES WILL BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE, OR ENTIRELY ERROR -FREE. MERCHANT MAY NOT RELY UPON ANY REPRESENTATION OR WARRANTY REGARDING THE SERVICES BY ANY THIRD PARTY IN CONTRAVENTION OF THE FOREGOING STATEMENTS, INCLUDING REPRESENTATIONS OR WARRANTIES OF ANY COMPANY EXCEPT AS EXPRESSLY SET FORTH HEREIN.
COMPANY SPECIFICALLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS WHETHER EXPRESS OR IMPLIED, ARISING BY STATUTE, OPERATION OF LAW, USAGE OF TRADE, COURSE OF DEALING, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON -INFRINGEMENT, OR TITLE WITH RESPECT TO THE SERVICES, OR OTHER SERVICES PROVIDED UNDER THIS AGREEMENT. MERCHANT UNDERSTANDS AND AGREES THAT COMPANY SHALL BEAR NO RISK WITH RESPECT TO MERCHANT’S SALE OF PRODUCTS OR SERVICES, INCLUDING, WITHOUT LIMITATION, ANY RISK ASSOCIATED WITH CHARGEBACKS OR FRAUD IN ANY MANNER WHATSOEVER.
EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT, MERCHANT EXPRESSLY AGREES THAT COMPANY SHALL NOT BE LIABLE FOR ANY LOSS (HOWEVER OCCURRING , INCLUDING NEGLIGENCE), ARISING FROM OR RELATED TO: (A) CUSTOMERS/MERCHANT’S FAILURE TO PROPERLY ACTIVATE, INTEGRATE OR SECURE ACCOUNT OR INCORRECT DETAILS ; (B) FRAUDULENT TRANSACTIONS PROCESSED THROUGH PAYMENT GATEWAY ACCOUNT(S); (C) DISRUPTION OF TRANSACTION SERVICES, SYSTEMS, SERVER OR website BY ANY MEANS, INCLUDING WITHOUT LIMITATION, DDOS ATTACKS, SOFTWARE VIRUSES, TROJAN HORSES, WORMS, TIME BOMBS, OR ANY OTHER TECHNOLOGY; (D) ACTIONS OR INACTIONS BY ANY THIRD PARTY, INCLUDING WITHOUT LIMITATION, COMPANY, PAYMENT GATEWAY SERVCE PROVIDER , PAYMENT PROCESSOR OR ISSUING BANK; OR (E) THE LIMITATION OF THE FUNCTIONING OF ANY TRANSACTION SERVICES OR SOFTWARE, HARDWARE, OR EQUIPMENT ASSOCIATED THEREWITH.
This Agreement shall remain in force continuously from the date of execution of this Agreement, until and unless otherwise terminated by either party by giving 30 (Thirty) days prior written notice to the other party. The duration may be reduced as mutually decided by both the parties.
Each party shall have the option to terminate this Agreement at any time by giving 30 (thirty) days advance notice in writing Email at firstname.lastname@example.org for company & registered email of the USER to that effect to the other party.
The Parties have right to terminate this Agreement forthwith by a notice in writing Email to the other Party, if other Party has committed any material breach of its obligations specified under this Agreement or has violated any law under which its right to business may cease and has failed to remedy the highlighting such breach or non-performance within one week.
Each Party shall have the option to terminate this Agreement, by giving notice in writing, in the event that any other Party becomes insolvent, goes into liquidation or a liquidator is appointed to wind up the Company.
This Agreement shall stand terminated automatically if the business of the merchant becomes illegal/unlawful/banned by the law of the land or if the Merchant indulges in any illegal act or practice that makes its business illegal/unlawful/banned or if any transaction has taken place which results directly or indirectly in Money Laundering activities or financing of terrorists activities. COMPANY shall not be liable for such activities/transactions and Merchant shall be solely responsible / liable for any action taken by any Government or regulatory authority.
In the event of the termination of this Agreement either Party will, forthwith return all the signage, literature, banners, glow-signs and any such other promotional material to other party. The termination shall not affect any liabilities incurred by the either Parties prior to the termination of the Agreement or for acts performed during the pendency of the Agreement which may result in a dispute post termination of the Agreement nor any provision expressed to survive or to be effective on termination and the obligations set out in this clause shall remain in full force and effect notwithstanding termination.
25. GENERAL PROVISIONS:
Assignment: Neither Party shall assign the obligations nor any of the benefits under this Agreement to any persons, firm or company, save and except with prior written permission from the other party.
Waivers: No waiver by either party of any of their terms hereof or of any breach thereof shall constitute or be deemed to be a waiver of any such terms or of any breach in any other case whether prior or subsequent thereto.
Force Majeure: Neither party to this Agreement shall be responsible for any delay in the performance of any terms and conditions hereunder to the extent that such delay is caused by war, revolution, riot, act of public enemy, terrorism, sabotage, epidemic, quarantine restrictions, accident, fire flood, tempest, earthquake, civil commotion, governmental action, Acts of God (force majeure ) including, but not restricted to, strike, lock-out, fire, break-down, war, destruction of network, web space or website by way of hacking, virus prone, defacement, stoppage of display or transmission of the website/app of COMPANY, Act, or Regulation, or restriction of Government, inability to secure Government authorization, or approval, or any other cause beyond their reasonable control, including the breakdown of systems and any other causes beyond its reasonable control.
If at any time during the term of this agreement the performance in whole or in part by any one of the parties, of any obligation under this agreement is prevented or delayed by reason of war, revolution, riot, act of public enemy, terrorism, sabotage, epidemic, quarantine restrictions, accident, fire flood, tempest, earthquake, civil commotion, governmental action or Act of God, the other party shall not be entitled to terminate this agreement neither shall any party have any claim for damages against the other in respect of such non-performance or delay in performance, provided notice of the happening of any such event/s is given by the affected party to the other within Twenty-one (21) days from the date of occurrence thereof.
Arbitration: Any dispute or difference which may arise at any time between the parties, as to the construction, meaning or effect of, or, as to any clause, matter or things contained herein, or as to the rights or liabilities of the parties under this Agreement, shall be referred to arbitration under the Federal Law No. (6) of 2018 on Arbitration to be adjudicated by a sole arbitrator to be appointed with mutual consent of the parties. Arbitration shall be held at Dubai, UAE. The proceedings of arbitration shall be in the English & Arabic language. The arbitrator’s award shall be final and binding on the Parties. The Agreement shall be governed by and construed in accordance with the laws of UAE. The courts of Dubai, UAE, shall have exclusive jurisdiction in connection with this Agreement.
Notice: Delivery of Notice: All notices or other communications required to be given here under shall be in writing and delivered either personally or by registered Post office. and /or mail, certified, return receipt requested postage prepaid, and addressed as provided in this Agreement or as otherwise requested by the receiving party. Notices delivered personally shall be effective upon delivery and notices delivered by mail shall be effective upon their receipt by the party to whom it is addressed. The Parties shall notify any change in address to the other party promptly. In case of failure to intimate the other Party about the change of address, the notice shall be served to the address mentioned in this agreement and shall be treated as properly served.
Entire Agreement: This Agreement constitute the entire Agreement between Merchant and the COMPANY pertaining to the subject matter hereof and supersedes in their entirety all written or oral agreements between the parties.
Severability: If any provision of this Agreement is determined to be unenforceable for any reason, then the remaining provisions hereof shall remain unaffected and in full force and effect.
Variations of Agreement: No variation or amendment to this Agreement shall bind either party unless made in writing and signed by the duly authorized persons/officers of both the parties.
Jurisdiction: It is mutually agreed between the parties hereto that any dispute or claim arising under this Agreement shall be subject to the jurisdiction of the Courts at Dubai.
Banned/Prohibited list of Products and Services referred to in this Agreement is as mentioned herein below: -
Adult goods and services which includes pornography and other sexually suggestive materials (including literature, imagery and other media); escort or prostitution services; website access and/or website memberships of pornography or illegal sites.
Alcohol which includes Alcohol or alcoholic beverages such as beer, liquor, wine, or champagne.
Body parts which includes organs or other body parts.
Bulk marketing tools which includes email lists, software, or other products enabling unsolicited email messages (spam).
Cable descramblers and black boxes which includes devices intended to obtain cable and satellite signals for free.
Child pornography which includes pornographic materials involving minors.
Copyright unlocking devices which includes Mod chips or other devices designed to circumvent copyright protection
Copyrighted media which includes unauthorized copies of books, music, movies, and other licensed or protected materials
Copyrighted software which includes unauthorized copies of software, video games and other licensed or protected materials, including OEM or bundled software.
Counterfeit and unauthorized goods which includes replicas or imitations of designer goods; items without a celebrity endorsement that would normally require such an association; fake autographs, counterfeit stamps, and other potentially unauthorized goods
Drugs and drug paraphernalia which includes illegal drugs and drug accessories, including herbal drugs like salvia and magic mushrooms
Drug test circumvention aids which includes drug cleansing shakes, urine test additives, and related items
Endangered species which includes plants, animals or other organisms (including product derivatives) in danger of extinction
Gaming/gambling which includes lottery tickets, sports bets, memberships/ enrollment in online gambling sites, and related content
Government IDs or documents which includes fake IDs, passports, diplomas, and noble title.
Hacking and cracking materials which includes manuals, how-to guides, information, or equipment enabling illegal access to software, servers, website, or other protected property.
Illegal goods which includes materials, products, or information promoting illegal goods or enabling illegal acts.
Miracle cures which includes unsubstantiated cures, remedies or other items marketed as quick health fixes.
Offensive goods which includes literature, products or other materials that:
Defame or slander any person or groups of people based on race, ethnicity, national origin, religion, sex, or other factors
Encourage or incite violent acts
Promote intolerance or hatred.
Offensive goods, crime which includes crime scene photos or items, such as personal belongings, associated with criminals.
Prescription drugs or herbal drugs or any kind of online pharmacies which includes drugs or other products requiring a prescription by a licensed medical practitioner.
Pyrotechnic devices, combustibles, corrosives and hazardous materials which includes explosives, fireworks and related goods; toxic, flammable, and radioactive materials and substances
Regulated goods which includes air bags; batteries containing mercury; Freon or similar substances/refrigerants; chemical/industrial solvents; government uniforms; car titles; license plates; police badges and law enforcement equipment; lock-picking devices; pesticides; postage meters; recalled items; slot machines; surveillance equipment; goods regulated by government or other agency specifications
Securities which includes stocks, bonds, or related financial products
Tobacco and cigarettes which includes cigarettes, cigars, chewing tobacco, and related products
Traffic devices which includes radar detectors/jammers, license plate covers, traffic signal changers, and related products.
Weapons which includes firearms, ammunition, knives, brass knuckles, gun parts, and other armaments
Wholesale currency which includes discounted currencies or currency exchanges
Live animals or hides/skins/teeth, nails and other parts etc of animals.
Multi-Level Marketing collection fees
Matrix sites or sites using a matrix scheme approach
Work-at-home approach and/or Work-at-home information
Any product or service which is not in compliance with all applicable laws and regulations whether federal, state, local or international including the laws of UAE.
Merchant providing services that have the potential of casting COMPANY and/or Payment System Providers in a poor light and/or that may be prone to ?Buy & Deny? attitude of the cardholders when billed (e.g. Adult material/ mature content/Escort services/ friend finders) and thus leading to chargeback and fraud losses.
Businesses or website that operate within the scope of laws which are not absolutely clear or are ambiguous in nature (e.g. web-based telephony, website supplying medicines or controlled substances, website that promise online match-making).
Businesses out rightly banned by law (e.g. Betting & Gambling/ publications or content that is likely to be interpreted by the authorities as leading to moral turpitude or decadence or incite caste/communal tensions, lotteries/sweepstakes & games of chance.
Merchant who deal in intangible goods/ services (e.g. software download/ Health/ Beauty Products), and businesses involved in pyramid marketing schemes or get-rich-quick schemes. Any other product or Service, which in the sole opinion of either COMPANY or Payment System Providers, is detrimental to the image and interests of either of them / both of them, as communicated by either of them/ both of them to Merchant from time to time. This shall be without prejudice to any other terms & conditions mentioned in this Agreement.
Bulk marketing tools which includes email, lists, software, or other products enabling unsolicited email messages (spam).
web-based telephony/ SMS/Text/Facsimile services or Calling Cards. Bandwidth or Data transfer/ allied services. Voice process /knowledge process services.
- BY REGISTERING FOR OR USING ED PAY SERVICES, USER AGREE TO BE BOUND BY THESE TERMS. IF USER DO NOT ACCEPT THESE TERMS, PLEASE DO NOT USE THE ED PAY SERVICES. As the ED PAY Services owned by COMAPNY, hence all the rights, benefits, liabilities & obligations under the following terms & conditions shall accrue to the benefit of COMAPNY.
- When USER use ED PAY Services provided by COMAPNY, USER will be subject to the rules, guidelines, policies, terms, and conditions applicable to usage of ED PAY Services. USER are solely responsible for understanding and complying with any and all laws, rules and regulations of USER’s specific jurisdiction that may be applicable to USER in connection with USER’s use of the ED PAY Services.
COMPANY may amend these Terms at any time by posting a revised version on www.emiratesdial.com or mobile site i.e., http://wap.emiratesdial.com/?m=1 any other website COMPANY maintain for purposes of providing the ED PAY Services. Amended Terms are effective at the time COMPANY post them and USER’s continued use of the ED PAY Services constitutes USER’s acceptance of any amended Terms. COMPANY may notify USER regarding upcoming Terms changes by us.
- "Account" refers to the account created for a User as soon as he successfully completes the process of registering at www.emiratesdial.com, which contains information regarding his ED Pay Services, which permit payment and domestic money remittance as per Central Bank Of UAE direction, as amended by Central Bank Of UAE from time to time.
- "Customer" "or" "USER" mean a person who has registered with COMAPNY for availing the ED PAY Services and who has accepted these Terms and Conditions and, owns/operates/has access to an internet compatible device that supports the ED PAY Services.
- "Charge(s)" or "Service Charge" shall mean the charges which COMAPNY may levy upon USER in consideration for subscribing to the ED PAY Services.
- "Eligible" means satisfying the conditions of eligibility prescribed under these T&Cs.
- "KYC" stands for Know USER’s Customer and refers to the various norms, rules, laws and statutes issued by Central Bank Of UAE from time to time under which COMAPNY is required to procure personal identification details from USER before any services can be delivered. Know USER’s Customer (KYC) documents may be required by COMAPNY from the Customer at the time of Registration and/ or on a later date, for availing and / or continuation of the ED PAY Services.
- "ED PAY Services" allows its registered users to: a) to make a payment via payment gateway internet enabled links which shall be sent on their email/sms/links; or b) scan QR Codes placed on posters or other media displayed at Merchant’s establishment to enable USER to quickly and easily make payment via method internet enabled links which shall be sent on their email/sms/links (i) register with and/or log in to the Merchant's website; and/or (ii) make payments to the Merchant, or (c) transfer funds to a savings or current bank account, or to make any valid transaction, upon completing the necessary formalities mentioned herein, or otherwise mention time to time.
- "Merchant" means any of the establishments listed on the webpage available at www.emiratesdial.com or at its portals which/who accepts payment through ED Pay Services for sale of their goods and services and with whom COMPANY have executed physical contracts. The list of Merchants available at www.emiratesdial.com
- may be revised by us from time to time without intimation to USER.
- "Merchant Establishment" shall mean and include physical Merchant's shops, and any other outlet that has been authorized by COMAPNY to accept payment using ED PAY Services.
- "ED Registered Users" mean any User who completes the necessary formalities as required for registration
- "Password" means the secret password used to secure ED PAY Services applications, without knowledge of which ED PAY Services will not be operable.
- "RBI" means the Reserve Bank of UAE.
- "Registration Form" shall mean the ED PAY Services Registration Form, as is required by COMAPNY from the Customer at the time of Registration for availing and / or continuation of the ED PAY Services.
- "Transaction" means make a payment for purchase of goods or services at Merchant establishments or fund transfer to the savings or current bank account, or any other legitimate transactions.
- "Terms and Conditions of Service" or "T&Cs" refers to these terms and conditions of use of COMAPNY's Services, and any future revisions of the same, which USER are informed of via automated e-mail sent to USER’s Registered E-mail Address.
3. REGISTRATION OF ED PAY- USER ACCOUNT
- To open an Account or to Use the Services, USER must provide us with the following "Registration Data": a valid and functional e-mail address ("Registered E-mail ID"); a valid and functional phone number registered in USER’s name ("Registered Phone Number"); a password; Valid Bank / Card details (for example, Bank Account No, IFSC Code, Bank Account No, Card No, Card Expiry details etc.) and any additional information that Central Bank Of UAE Regulations may prescribe to be necessary to satisfy Know USER’s Customer norms ("KYC Norms"), or as COMPANY deem fit.
- The Registration Data and any other information provided by USER to us must be accurate, current and complete information about USER’sself or USER’s company as prompted by our registration form (including USER’s email address) and maintain and update USER’s information (including USER’s email address) to keep it accurate, current and complete. Any liability for false, fictitious, inaccurate, not current or incomplete Registration Data provided by USER will be borne solely by USER and not us.
- USER must keep password confidential and not share it with any other person. USER are responsible for all activity on USER’s account, whether or not USER authorized it. Please do not share USER’s Registration Data with any third parties as USER will be solely responsible for maintaining the confidentiality of USER’s Registration Data and will be liable for all activities and transactions that occur through USER’s Account and ED Pay, whether initiated by USER or any third party.
- In order to protect the security of USER’s Account and ED Pay, COMPANY require USER to (a) immediately inform us at our Hotline No. 800 80008 & email us at EDpaydisputes@emiratesdial.com , of any unauthorized use of USER’s Account and (b) to ensure that USER log out of USER’s Account at the end of every session.
- In accordance with Central Bank Of UAE Regulations to prevent money laundering and the funding of terrorism in UAE, COMPANY may suspend or terminate USER’s Account with immediate effect if COMPANY have reason to believe that the Registration Data or any other data provided by USER is incorrect, or that the security of USER’s Account has been compromised in any way. Please note that in order to comply with Central Bank Of UAE Regulations, COMPANY do not allow USER to open more than one Account in association with the phone number registered in USER’s name.
- In the event that USER have forgotten the password to USER’s Account, USER may click on Forgot Password to request a new password. Based on our sole discretion and if COMPANY are satisfied that the identity of the applicant for a new password matches USER’s identity, COMPANY will send an e-mail to USER’s Registered E-mail ID, with instructions to reset USER’s password ("Password Instructions"). USER will be solely responsible for any transactions which occur through USER’s Account once COMPANY send the Password Instructions to USER’s Registered E-mail ID.
- In the event that USER are unable to access to USER’s Account for any reason other than forgetting USER’s password, please inform us at our Hotline No. 800 80008 & email us at EDpaydisputes@emiratesdial.com and make a request for blocking USER’s Account. COMPANY will not be liable for any unauthorized transactions made through USER’s Account prior to USER making a request for blocking.
- USER may be required to provide additional information to allow us to verify USER’s identity and/or USER’s account information. COMPANY may also verify USER’s information against third party databases or other sources and USER authorize COMAPNY to make such inquiries.
- USER are responsible for keeping USER’s Account information and password secure. If USER share USER’s Account credentials with another person, USER are responsible for all activity they conduct using ED Pay Services, regardless of whether or not USER authorized their activity. COMPANY will never ask USER for USER’s Account credentials.
- The collection, verification, audit and maintenance of correct and updated Customer information is a continuous process and COMAPNY reserves the right, at any time, to take steps necessary to ensure compliance with all relevant and applicable KYC requirements. COMAPNY reserves the right to discontinue services/ reject applications for ED PAY Services at any time if there are discrepancies in information and/or documentation provided by USER.
- Any information provided to COMAPNY with the intention of securing ED PAY Services shall vest with COMAPNY, and may be used by COMAPNY, for any purpose consistent with any applicable law or regulation, at its discretion.
- Once USER have successfully created an Account after completing the registration process in accordance with these T&Cs, USER can start availing of our ED PAY Services.
- Once USER have successfully created an Account after completing the registration process in accordance with these T&Cs, USER can start availing of our ED PAY Services.
5. GENERAL CONDITIONS:
6.1. Use of ED Pay Services
- In order to access ED Pay Services, USER/ Merchant is required to download COMAPNY application , USER may be required to provide information about USER’sself (such as identification, contact or payment details) as part of the registration process for the Service, or as part of USER’s continued use of the Services. USER agree that any registration information USER give to us will always be true, accurate, correct, complete and up to date. Any phone number used to register with our service needs to be registered in USER’s name and USER might be asked to provide supporting documents to prove the same.
- ED Pay Services allows USER to make a payment to Merchant via payment gateway internet enabled links and/or QR Codes for the products and services purchased by USER or transfer funds to the savings or current bank account of the person, after completing the necessary formalities mentioned herein or otherwise mention by COMAPNY time to time.
- ED Pay Services also allows USER to store USER’s bank or credit account information with COMAPNY for making the instant payment without re-entering that information or sharing it with third parties. ED Pay Services is encrypted and secure and USER’s information is safe with us. ED Pay Services cannot be used to hold or store money and COMAPNY does not hold or store any of USER’s funds. COMAPNY does not have control of, or liability for, any goods or services that USER pay for using the ED Pay Services. COMAPNY does not guarantee the identity of any Vendors, sellers, and does not guarantee that a transaction will be completed.
- USER may also choose to make the payment to Merchant through ED Pay Services, for the products and services purchased by USER or Fund Transfer by using USER’s valid credit / debit and/ or any other cards including e-wallets, online banking facility to make payment. USER shall be bound to use USER’s own credit / debit and/ or any other payment cards, online banking accounts to make payment via ED Pay Services. COMAPNY shall not be liable and responsible for any credit/debit or any other card frauds, misuse of USER’s card or any unauthorized payment transactions which has been processed by Bank / third party payment processor.
- When USER choose to make the payment or transfer funds to the savings or current bank account of the other person through ED Pay Services, USER have to submit the complete bank details of the recipient of money such as Bank Account No, IFSC Code, and/or any additional information that is necessary to complete the transaction or Central Bank Of UAE may prescribe time to time. If USER would not submit the bank details of the recipient of money, COMPANY will not process USER’s transactions or funds will not transfer to the bank account of the recipient.
- When COMPANY receive payment instructions from USER to pay a Merchant or to any Users or person, USER authorize and order us to commit USER’s payment to that Merchant or to another Users or Person. This authorization will remain in effect as long as USER maintain an Account with us.
- In the event that USER are having any issues in goods or services which is including but not limited to cancellation, refund, pricing, warranty, guarantee or USER are not satisfied with the goods or services provided to USER by a Merchant for any reason, COMPANY recommend that USER report the matter to the Merchant in question. Please note that COMAPNY is an are intermediary and are not responsible for the goods or services provided by Merchants and cannot be involved in any disputes between a Merchant and User regarding the same.
- USER accept and acknowledge that payment processing is hosted by a third party payment processor and usage of such payment processing shall be subject to such additional terms and conditions which such third party payment processor may prescribe from time to time.
- USER agree and confirm to comply with the terms and conditions of the Merchant from whom USER are taking the services/products and thereafter making the payment to them via ED Pay Services.
- COMAPNY facilitates payment solutions to the Users to make a payment to Merchant or Transfer Fund. In the case of commercial transactions COMAPNY is acting as an intermediary, which enabling users to make a payment to Merchant through ED Pay Services. All commercial terms are offered by and agreed to between USER and Sellers alone. COMAPNY does not have any control or does not determine or advise or in any way involve itself in the offering or acceptance of any commercial terms between the User and Merchant.
- In order to use the ED Pay Services, USER must link USER bank account/card details, to ED Pay Services. When USER make a payment to Merchant or Transfer Fund using the ED Pay Services, USER are authorizing us to initiate an electronic transfer from USER’s linked bank account in the amount USER specify. USER are solely responsible for complying with any terms set by USER’s bank with respect to USER’s bank account, including any fee terms, such as non-sufficient fund or overdraft fee terms. If USER receive a payment from Merchant or Fund Transfer via ED Pay Services or are entitled to a reversal, refund, or other adjustment associated with a payment or Fund Transfer made by USER using the ED Pay Services, USER also authorize a credit to USER’s linked bank account to complete that transaction.
- If USER make payment for a purchase using the ED Pay Services or using for Fund Transfer, fund will be transferred to Merchant/ Users instantly.
- COMAPNY does not provide any endorsements or guarantees for any individual or entity using the ED Pay, nor any third party offers, goods or services featured on our websites. Information regarding third party offers, goods, and services is provided on our websites for informational purposes only, and may not be true, accurate, or reliable.
- Information provided by COMAPNY or otherwise obtained from the website will not be used for any unauthorized and unlawful purpose;
- USER agree not to access (or attempt to access) any of the Services by any means other than through the interface that is provided by COMAPNY, unless USER have been specifically allowedto do so in a separate agreement with us;
- USER agree that USER will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services);
- USER agree that USER are solely responsible for (and that COMAPNY has no responsibility to USER or to any third party for) any breach of USER’s obligations under the Terms and for the consequences (including any loss or damage which COMAPNY may suffer) of any such breach. ED PAY Services is not transferable.
6.2. 'One Tap' Feature:
By availing the complete 'One Tap' feature, USER will be able to process USER’s payment requests made using USER’s debit or credit card stored with us by simply selecting the faster checkout saved card and clicking the "Make Payment" button. The One Tap feature may be divided in two parts:
- Faster Checkout option: When USER enter USER’s debit card/debit card details for the first time while making a payment, COMPANY will provide USER an option to save such card details for faster checkout. If USER select the ‘One Tap Checkout’ option (currently name as One Tap Checkout), USER understand and agree that COMPANY will save USER’s card details in a manner compliant with our PCI DSS certification. For the next time when USER make a payment using the Services, USER will not be required to enter USER’s card details. USER can simply click on the saved card, while making a payment request and USER’s payment instructions will be sent to the Payment System Providers for authentication, authorization and processing. The second part ‘auto-read OTP’ option is currently only available on our android mobile application.
- Auto-Read of One Time Password ("OTP"): OTP is a one-time password, which is provided by USER’s issuing bank in order to carry out the second factor authentication of USER’s debit/credit card. If USER register for our 'One Tap' feature, USER understand that COMPANY will be able to retrieve USER’s OTP from the message received on USER’s mobile and populate and submit the OTP on the issuer’s page for second factor authentication of USER’s debit/credit card. In order to avail the entire ‘One Tap’ feature, USER may go to the payment page and save the card for One Tap Checkout.
USER understand that USER have agreed to select the 'One Tap' feature in whole or in part at USER’s own risk and for USER’s convenience. USER agree that COMPANY are only acting as USER’s technology intermediary and eliminating the need for USER to manually enter USER’s card details or OTP. All information and instructions received from USER’s Card will be deemed to have been authorized by USER and COMPANY shall not be liable for any unauthorized use of USER’s Cards or any unauthorized transactions made using the whole or any part of the 'One Tap feature'. It is to be clarified that the 'One Tap' feature doesn't avoid the two-factor authentication system, it only provides a technology platform which eliminates the need of manual typing of card details and OTP by USER. COMPANY emphasize that COMPANY are not involved in the authentication, authorization and processing of USER payment request and only facilitate USER in sending such payment instruction to the Payment System Provider.
In the event that USER’s device (mobile, tablet, laptop, etc.) is stolen/lost or USER’s suspect any unauthorized use of USER’s debit/credit Card, please ensure USER go to the payment page of emiratesdial App and de-activate the 'One Tap' feature immediately. USER should also inform us of the same after de-activation at EDpaydisputes@emiratesdial.com. In the event that USER have de-activated the 'One Tap' feature and informed COMAPNY of the same and thereafter an unauthorized transaction is made, COMAPNY’s service provider will take responsibility for the same provided that USER provide us with adequate information that the transaction was not made by USER or any person that USER know. COMAPNY’s service provider shall determine that legitimacy of the claim at our sole discretion.
- Currently, COMPANY do not charge USER to use the ED Pay Services. However, USER’s mobile network operator may charge USER to access the ED Pay and USER are responsible for these charges.
- Please note that in future ED Pay Services may be chargeable at the discretion of COMAPNY, in the form and manner prescribed for such payment. COMAPNY may at its discretion, change, amend, increase, or reduce the Service Charges without prior intimation to the Customer.
7. USER’S INFORMATION
- When USER use the ED Pay Services, COMPANY will send USER’s information (including, where applicable, USER’s encrypted payment card details) from the ED Pay server to the third party payment services provider.
- By using ED Pay Services USER agree to receive promotional SMS/Emails from COMAPNY or its associates, agent or partners.
- The COMAPNY reserves the right to use USER’s Information in order to contact USER in the future in relation to marketing any other products or services offered by the COMAPNY, any of its related group companies or participating merchants.
8. USER’S OBLIGATIONS
- ED PAY Services availability is subject to the maintenance of an active mobile phone, internet connection with an associated telecom provider and Bank / Card Account. ED PAY Services availability is subject to the maintenance of a mobile phone handset and other application on which Services run and the Customer is solely responsible for all liability arising from the unavailability of Services due to a mobile handset or internet service provider not supporting any ED PAY Services channel or application.
- USER must ensure the availability of sufficient funds before executing any Transaction from USER’s ED PAY Services.
- USER shall be solely responsible for the confidentiality, safety and security of the Password. USER shall be the sole owner of the Password and shall be responsible for the consequences arising out of disclosure of the Password and/or the unauthorized use of ED PAY Services. In case the Password is lost or misplaced, USER shall promptly inform COMAPNY by calling at the customer care numbers where after the Password will be barred and a new Password will be issued to USER after necessary validation. In case the mobile phone/ SIM card associated with USER’s ED PAY Services is lost/stolen/misplaced/ no longer in USER’s control; USER shall promptly inform COMAPNY. COMAPNY will upon receipt of such information block the relevant account.
- USER shall intimate COMAPNY about change in USER’s address, if any, in writing along with such proof of address as per the KYC documents.
- USER shall not use ED PAY Services for any purpose that might be construed as contrary or repugnant to any applicable law, regulation, guideline, judicial dicta, COMAPNY policy or public policy or for any purpose that might negatively prejudice the goodwill of COMAPNY.
- USER acknowledge and understand that ED PAY Services are linked to USER’s mobile phone number and USER shall be solely responsible for any liability arising out of the loss/ theft / misuse of the mobile phone number or deactivation of mobile connection by the concerned telecom service provider, in respect of the Services.
- Information submitted by USER for availing ED PAY Services and/or information submitted while using ED PAY Services may be shared with third parties by COMAPNY, inter alia, to facilitate the provision of ED PAY Services.
- USER shall ensure that the Services are not used for Transactions in foreign currency. ED PAY Services is issued & shall be valid only in UAE and shall be used at Merchant Establishments only in UAE.
- Without limiting the foregoing, USER agree that USER will not use the COMAPNY Site to undertake any of the following actions or to display, upload, modify, publish, distribute, disseminate, transmit, update or share any information that is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; Infringes any patent, trademark, copyright or other proprietary rights; contains viruses, corrupted files, or any other similar software or programs that is designed to interrupt, destroy or that may limit the functionality of any computer source or that may damage or adversely affect the operation of another person’s computer, its web-sites, any software or hardware, or telecommunications equipment; Advertises or offers to sell any goods or services for any commercial purpose; is in the nature of promotional services, products, surveys, contests, pyramid schemes, spam, unsolicited advertising or promotional materials, or chain letters; Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or the source of software or other material; Violates any law for the time being in force; Belongs to another person to which USER do not have any right to; Interferes with or disrupts COMAPNY's websites, servers, or networks; Impersonate any other person; Harm minors in any way; Forge headers or manipulate identifiers or other data in order to disguise the origin of any content transmitted through its websites or to manipulate USER’s presence on its websites; Engage in any illegal activities; Threatens the unity, integrity, defence, security or sovereignty of UAE, friendly relations with foreign states, or public order, or causes incitement to the commission of any cognizable offence, or prevents the investigation of any offence or insults any other nation.
- USER shall not misuse, rent, lease, assign, or otherwise transfer the ED Pay services to any other Person. USER may not alter, reproduce, adapt, distribute, display, publish, reverse engineer, translate, disassemble, decompile or otherwise attempt to create any source code that is derived from or included in the ED Pay services/System. All rights, title and interest to the ED Pay services are owned exclusively by COMAPNY.
- USER will only use the ED Pay services for USER’s own purposes and not on behalf of any other person or entity;
- USER and all payments initiated by USER will comply with all laws, rules, and regulations; and USER will not use the ED Pay, directly or indirectly, for any fraudulent undertaking or in any manner so as to interfere with the functionality of the ED Pay services.
- USER will not breach these Terms or any other applicable terms or policies;
- USER will not engage in illegal or fraudulent activities. USER will not engage in transactions involving illegal goods, including but not limited to counterfeit goods, stolen goods, illegal or controlled substances, and substances that pose a risk to consumer safety, counterfeit services, illegal gambling, and money laundering, purchase, sale, or exchange of Virtual Currency, or provide a Virtual Currency marketplace or exchange;
- USER will not attempt to receive or actually receive duplicate compensation for a disputed payment from the Merchant, COMAPNY, and/or USER’s bank; or
- USER will not engage in activity that indicates, in COMAPNY's sole discretion, that there may be a high level of risk associated with USER, or USER’s Account activity. The use of any ED Pay that has connectivity to the Internet or any external network poses an increased risk, and USER assumes all liability for such increased risks.
- USER will fully cooperate with COMAPNY in complying with the laws.
- USER shall liable for data security breach and credit card information if USER fail to protect the data and information. USER shall protect USER’s data.
- USER must vigilantly comply with all applicable law, including, without limitation to, Act, 2000 as amended by the (Amendment) Act, 2008, and the (Reasonable security practices and procedures and sensitive personal data or information) Rules, 2011 and rules and regulations made thereunder and any other law for the time being in force, and shall not do, or omit to do, any act that will cause COMAPNY to be in breach of any such applicable law. If USER breach the terms of this agreement, USER shall indemnify us against any costs claims and liabilities arising as a result of the breach.
- USER shall not, fraudulently or dishonestly, make use of the electronic signature, password or any other unique identification feature of any other person and shall not misuse communication device or computer resource of COMAPNY, without its permissions, and further use the said devices for cheats by personation.
9. REFUNDS POLICY
COMAPNY shall process a refund, when a valid authorization and presentment was previously processed and the Users subsequently either cancelled the transaction or returns the goods, or wishes to refund the amount in cases of services not rendered, or to rectify any transaction processing error, or services/goods is not delivered within prescribed period of USER’s completion of the transaction, then USER may inform us by sending an email to our customer services email address mentioned on the Contact Us page, containing the complete details of the said disputed transactions such as date, time, order/transaction numbers, account number etc..
For processing a refund, the users shall present a refund request to COMAPNY along with all the required detail to identify the previously authorized and settled transaction and COMAPNY shall process the refund within 5 (Five) working days from the date the refund request is received. The refund request must describe the failed / returned / rejected / cancelled transactions or merchandise were returned, services cancelled or adjustment made.
The funds have to be credited back to the same source from where these were received, and not by cash or any other mode. In case of any users’ complaint regarding non- refund for failed transactions and/or non-credit for successful transactions shall be dealt by the Bank. Any complaint about credit not being given to Users should be dealt with conclusively and bilaterally by the remitting and beneficiary banks as per its Policy.
Note: COMAPNY is not responsible for any wrong purchase or recharge for an incorrect mobile number or DTH account number or fund transfers in an incorrect bank account or any unauthorised payment by users. USER are sole responsible for the accuracy, authenticity of information pertaining to the goods/services or the payment credentials while using the ED Pay Services.
10. SECURITY AND UNAUTHORISED PAYMENTS
- COMPANY give USER the opportunity to choose a password to gain access to the ED Pay Services itself or to various features within the ED Pay Services. As long as the correct Password is entered (or if USER elect not to use a Password), COMPANY will assume that USER are the person giving instructions and making payments or fund transfer and USER will be liable for them. USER must therefore choose a secure Password that is not easily guessed by another person, keep the Password is secret and make sure that it is not stored in a way that enables others to access it or impersonate USER. In addition, for the avoidance of doubt, if USER disclose the Password to any person whom USER authorise to access the ED Pay Services, USER are also responsible and liable for any access, use, misuse or disclosure of USER’s Password by such person.
- If USER become aware of a payment being made via the ED Pay Services that was not authorised by USER or if USER lose the device on which the ED Pay is installed, disclose USER’s Password to a person unauthorised by USER, or believe that someone else can use the ED Pay by impersonating USER, USER should inform us immediately and COMPANY will disable the payments feature of the ED Pay until USER re-enter USER’s payment card details in the ED Pay. Unless and until USER provide such notice:
- USER will be responsible for any instruction which COMPANY receive and act on, even if it was not given by USER; and
- COMPANY will not be responsible for any unauthorised access to confidential information about USER in the ED Pay.
- COMPANY can refuse to act on any instruction including where COMPANY believe an instruction: (i) was unclear; (ii) was not given by USER; or (iii) might cause us to breach a legal or other duty; (iv) if COMPANY believe the ED Pay is being used for an illegal purpose; or (v) may harm our reputation.
- USER agree to fully cooperate with us, affiliates, payment gateway service providers, Banks, merchants, regulatory authorities and the police where USER or COMPANY suspect there have been Unauthorised Payments in respect of the ED Pay Services.
11. OUR OBLIGATIONS
- When USER use the ED Pay Services, COMPANY are acting as an intermediary to assist USER in concluding the purchase of goods or services from participating merchants or to make the payment successful to the recipient . When USER purchase goods or services from participating merchants, the contract for the sale of those goods or services will be between USER and the merchant.
- USER understand and agree that the COMAPNY shall not be responsible for the outcome of USER’s transactions with external merchants via the ED Pay Services. COMPANY do not have control, nor shall COMPANY be liable for, the legality of, or the use of, the goods and services that are paid for using the ED Pay Services.
- COMAPNY shall not be responsible for any fraudulent transaction by any person in any manner whatsoever.
- COMAPNY shall not be responsible for any chargeback, refunds or cancellation of products or services.
- COMAPNY will take adequate encryption and security measures to maintain the data secured generated and it shall maintain high standards in relation to providing secure services to USER.
- COMAPNY is not responsible for any non-performance or breach of any contract entered into between USER and Merchants. COMAPNY cannot and does not guarantee that the concerned Merchants and/or USER will perform any transaction concluded via ED Pay, COMAPNY shall not and is not required to mediate or resolve any dispute or disagreement between Merchants and USER.
- COMAPNY is only providing a platform for the purposes of transaction and it is agreed that the contract for sale of any of the products or services shall be a strictly bipartite contract between USER and Merchants. At no time shall COMAPNY hold any right, title or interest over the products nor shall COMAPNY have any obligations or liabilities in respect of any transaction between USER and Merchants. COMAPNY is not responsible for unsatisfactory or delayed performance of services or damages or delays as a result of products which are out of stock, unavailable etc.
- It is the responsibility of USER and the relevant Merchants, not us, to resolve any dispute or claim raised by USER relating to any payments or fund transfer made via the ED Pay Services. COMPANY may, However, initiate a refund if (a) a payment made via the ED Pay Services is reversed by a court, regulatory authority or other third party acting in accordance with applicable law, (b) COMPANY, in our sole and absolute discretion, accept or have reason to believe that a payment was not authorized by USER, or (c) a payment is allegedly unlawful, suspicious, or in breach of this Agreement. Where USER have a dispute with Merchants, COMPANY will provide information COMPANY hold, which may assist resolution and otherwise attempt to assist USER as far as COMPANY consider practicable. COMPANY may charge USER an administration fee to cover our reasonable costs of providing any such assistance.
- COMAPNY is as an independent entity under the terms and conditions of this Agreement. COMAPNY has no relationship with Merchant. USER alone shall be responsible and neither COMAPNY nor the Bank or anybody connected to COMAPNY shall have any responsibility or liability. COMAPNY is neither concerned nor required to monitor in any manner the use of the payment or fund transfer modes by USER. USER should be required to use the payment modes at their sole option and risks.
12. CONSENT TO COMMUNICATIONS AND TRANSACTIONS:
By registering to use of ED Pay Services, USER consent to conduct transactions and receive communications, notices and information from us electronically or otherwise, whether sent by e-mail or other means. Communications shall be deemed to have been received by USER when COMPANY send the communication to the email address/mobile number that as per our records, or when COMPANY post the communication on COMAPNY website. USER can withdraw USER’s consent at any time by contacting us, but COMPANY reserve the right to terminate USER’s account upon such withdrawal. Withdrawal of USER’s consent will not affect the legal validity and enforceability of any notice, statement or disclosure previously received. USER agree to notify us promptly if USER’s email address or other contact information changes by updating USER’s account information or contacting us.
13. USER’S USE OF OUR INFORMATION
Except for Posted Information that USER submit, all of the information available on or through the Services and/or the website, including without limitation, text, photographs, graphics and video and audio content, is owned by us and our licensors and is protected by copyright, trademark, patent and trade secret laws, other proprietary rights and international treaties. USER acknowledge that the Services and any underlying technology or software used in connection with the Services contain COMAPNY's proprietary information. COMPANY give USER permission to use the aforementioned content for personal, non-commercial purposes only and do not transfer any intellectual property rights to USER by virtue of permitting USER’s use of the Services. USER may not copy, distribute, republish (except as permitted in this paragraph), sell, or exploit any of the content, or exploit the website in whole or in part, for any commercial gain or purpose whatsoever. Except as is expressly and unambiguously provided herein, COMPANY do not grant USER any express or implied rights, and all rights in the website and the Services not expressly granted by us to USER are retained by COMAPNY.
14. TERMINATION/SUSPENSION OF SERVICE
- COMPANY may suspend or terminate USER’s access to the ED Pay Services without notice where it is reasonable for us to do so and specifically if: (i) for any reason COMPANY decide to discontinue to provide the ED Pay, (ii) COMPANY believe that USER have breached any of the terms of this Agreement, (iii) USER’s use of the ED Pay has been in any way improper or breaches the spirit of this Agreement, (iv) COMPANY reasonably believe use of the ED Pay may be at risk of fraud or misuse; (v) our infrastructure has failed, is experiencing outages or requires maintenance; or (vi) ordered or recommended to do so by the security services, court or a relevant regulatory authority.
- COMAPNY reserves the right to suspend/discontinue ED PAY Services to USER at any time, for any cause, including, but not limited, to the following-
- For any suspected violation of the rules, regulations, orders, directions, notifications issued by Central Bank Of UAE from time to time or for any violation of the terms and conditions mentioned in this document
- For any suspected discrepancy in the particular(s), documentation or registration Form provided by USER;
- To combat potential fraud, sabotage, willful destruction, threat to national security or for any other force majeure reasons etc;
- If the same is due to technical failure, modification, upgradation, variation, relocation, repair, and/or maintenance due to any emergency or for any technical reasons.
- If the same is due to any transmission deficiencies caused by topographical and geographical constraints/limitations;
- If the mobile connection with which USER’s ED PAY Services is related ceases to be operational or in USER’s possession or control.
- If COMAPNY believes, in its reasonable opinion, that cessation/ suspension is necessary.
15. THIRD PARTY INFORMATION ON THE website
- As some information appearing on the website is provided to COMAPNY by third parties, COMAPNY will have no liability in respect of any loss or damage arising from third party information which appears on the website, including the manner in which the information is displayed or information which may be: Out of date; Inaccurate; Duplication; Impersonation by a person to be another person.
- All dealings and communication arising from COMAPNY's facilitation of interaction between Merchant and users will be between the Merchant and users only and COMAPNY is not responsible in any manner for any communication between the users and the Merchant, and has no liability in respect of such dealings whatsoever. COMAPNY is not an agent for any of the Merchants listed on this website and COMAPNY has no responsibility for and no liability whatsoever in respect of the conduct of a Merchant or quality of service provided by a Merchant.
16. ADDITIONAL T&Cs
- When USER acquire goods, software or any other services from a Merchant Establishment through any of COMAPNY's Services, USER understand and agree that, COMAPNY is not a party to the contract between USER and the Merchant Establishment. Furthermore, COMAPNY is under no obligation to monitor the Merchant Establishment’s service used by USER; the Merchant Establishment alone will be responsible for all obligations under the contract including (without limitation) warranties or guarantees. Any dispute with or complaint against any Merchant Establishment must be directly resolved by the Customer with the Merchant Establishment. It is clarified that COMAPNY shall not be responsible or liable for any deficiency in goods and/or services purchased using ED PAY Services. This exclusion of liability shall apply even for goods and/or services made available by COMAPNY under promotional schemes. USER are instructed to satisfy USER’sself regarding the quality, quantity and fitness of any good and/or service before purchasing the same.
- Any amount transferred erroneously by the Customer to any Merchant Establishment shall not be refunded to the Customer by COMAPNY in any circumstances.
- In the event of any dispute, COMAPNY records shall be binding as the conclusive evidence of the Transactions carried out through use of ED PAY Services.
- COMAPNY shall send all customer communications by SMS and/or email/link and the SMS/link/email shall be deemed to have been received by USER after they have been submitted for delivery to the mobile phone operator.
- USER agree to receive all commercial message including transactional messages from COMAPNY.
- COMPANY MAKE NO WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT TO THE SITE, THE PLATFORM/NETWORK AND SERVICES OFFERED. COMPANY EXPRESSLY DISCLAIM THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR ANY PARTICULAR PURPOSE.
- THE ED PAY SERVICES IS PROVIDED "AS IS" "WHERE IS", "WITH ALL FAULTS" BASIS. COMPANY MAKE NO WARRANTY OR REPRESENTATION, WHETHER EXPRESS OR IMPLIED, IN RELATION TO THE SATISFACTORY QUALITY, FITNESS FOR PURPOSE, COMPLETENESS OR ACCURACY OF THE SERVICE OFFERED THROUGH THE ED PAY.
- COMPANY MAKE NO WARRANTY THAT THE OPERATION OF THE ED PAY WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SOFTWARE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR BUGS ,OR REPRESENT THE FULL FUNCTIONALITY, ACCURACY, RELIABILITY OF THE MATERIALS THEREIN.
18. LIMITATION OF LIABILITY:
- NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, NEITHER COMAPNY, NOR ITS AFFILIATED COMPANIES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR ANY RELATED PARTY SHALL HAVE ANY LIABILITY TO USERS OR TO ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR ANY LOSS OF REVENUE OR PROFITS ARISING UNDER OR RELATING TO THESE TERMS, THE SITE OR THE OFFERINGS, EVEN IF ANY OF SAID PARTIES HAD BEEN ADVISED OF, KNEW OF, OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
- TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR MAXIMUM AGGREGATE LIABILITY TO USER FOR ANY CAUSES WHATSOEVER, AND REGARDLESS OF THE FORM OF ACTION (WHETHER LIABILITY ARISES DUE TO NEGLIGENCE OR OTHER TORT, BREACH OF CONTRACT, VIOLATION OF STATUTE, MISREPRESENTATION OR FOR ANY OTHER REASON), WILL AT ALL TIMES BE LIMITED TO INR ONE HUNDRED (INR 100).
19. INDEMNITY: USER agree to indemnify, defend and hold COMAPNY and/or related parties harmless from any and all claims, losses, damages, and liabilities, penalty, costs and expenses, including and without limitation legal fees and expenses, arising out of or related to USER’s use or misuse of the ED PAY Services, any breach of these Terms and Conditions, or any breach of the representations, warranties, and covenants made by USER.
20. COMPLIANCE WITH LAW: COMAPNY shall comply with the laws as applicable for the time being in force.
21. CONFIDENTIALITY: USER specifically agree that in order to facilitate the provision of ED PAY Services, COMAPNY may be required to disclose any information or particulars pertaining to USER to any authority, statutory or otherwise.
22. INTELLECTUAL PROPERTY RIGHTS: The COMAPNY hereby grants USER the non-exclusive, non-transferable right to use our ED Pay services in accordance with this Agreement. COMPANY, or our licensors, own all right, title and interest, including, but not limited to all copyright, trademark, patent, trade secret or other proprietary rights ("IP Rights"), in and to the website, the Usage Data or ED Pay services. USER shall not reproduce, distribute, transmit, modify, create derivative works, display, perform or otherwise use the Site, the Platform or any of the IP Rights, or attempt to reverse engineer, decompile, disassemble, or derive the source code for the ED Pay to create a competing product. USER hereby acknowledge that by using the ED Pay services, USER obtain no rights in the software, trademarks or content related to the ED Pay and USER may only use the same in accordance with this Agreement. Unauthorized use is strictly prohibited. All rights are expressly reserved to COMAPNY.
23. SYSTEM COMPLAINTS AND DISPUTE RESOLUTION: For Redressal of disputes/complaints USER can email to us at EDpaydisputes@emiratesdial.com, with brief details of USER’s complaint or call on our hotline No. 8888888888. Our customer service staff will acknowledge and redress USER’s complaint on best effort basis.
24. ARBITRATION: Any dispute or difference which may arise at any time between the parties, as to the construction, meaning or effect of, or, as to any clause, matter or things contained herein, or as to the rights or liabilities of the parties under this Agreement, shall be referred to arbitration under the Arbitration and Conciliation Act, 1996 (UAE) to be adjudicated by a sole arbitrator to be appointed, at the sole discretion, by COMAPNY. Arbitration shall be held at Dubai, UAE. The proceeding of arbitration shall be in the English language. The arbitrator’s award shall be final and binding on the Parties. The parties irrevocably agree that the Agreement shall be governed by and construed in accordance with the laws of UAE and the courts of Dubai, UAE, shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with this agreement and waive any objection to such personal jurisdiction based on forums non-convenience or any other basis.
25. FORCE MAJEURE: COMAPNY shall not be responsible for any delay in the performance of any terms and conditions hereunder to the extent that such delay is caused by technical issue, server malfunction, war, revolution, riot, act of public enemy, terrorism, sabotage, epidemic, quarantine restrictions, accident, fire flood, tempest, earthquake, civil commotion, governmental action, Acts of God (force majeure ) including, but not restricted to, strike, lock-out, fire, break-down, war, destruction of network, web space or website by way of hacking, virus prone, defacement, stoppage of display or transmission of the website/app of COMAPNY, Act, or Regulation, or restriction of Government, inability to secure Government authorization, or approval, or any other cause beyond their reasonable control, including the breakdown of systems and any other causes beyond its reasonable control.
- COMPANY reserve the right to modify or terminate the ED Pay Services at any time, without notice, and COMPANY will not be liable to USER as a result of any such action.
- COMAPNY shall have the right to assign/transfer these presents to any third party including its holding company, subsidiaries, affiliates, associates group companies.
- This Agreement constitute the entire Agreement between Merchant and the COMAPNY pertaining to the subject matter hereof and supersedes in their entirety all written or oral agreements between the parties.
- The Parties to this Agreement are independent contractors and nothing in this Agreement shall make them joint ventures, partners, employees, agents, associates, affiliates or other representatives of the other party hereto.
- To the maximum extent permitted by law, USER waive, release, discharge and hold harmless COMAPNY, its affiliated and subsidiary companies, and each of their directors, officers, employees, and agents, from any and all claims, losses, damages, liabilities, expenses and causes of action arising out of USER’s use of the Platform/ ED PAY Services.
- If any provision of this Agreement is determined to be unenforceable for any reason, then the remaining provisions hereof shall remain unaffected and in full force and effect.
- No variation or amendment to this Agreement shall bind either party unless made in writing and signed by the duly authorized persons/officers of both the parties.
- In this Agreement and unless otherwise stated,”we” "us" or "our" refers collectively to the COMAPNY and its subsidiaries, affiliates, directors, officers, employees, agents and contractors.