Ratification of the Agreement
By entering, connecting, using or creating an account on this website and its associated applications on any mobile application (hereinafter collectively referred to as the "Platform") including without limitation to any services offered on the Platform, you acknowledge that you have read and understood the following Terms and Conditions (collectively the "Terms"), including these Terms, terms of our Privacy Policy available at www.winsustainably.com and you agree to be bound by them and to comply with all the applicable laws and regulations regarding your use of the Platform. You acknowledge that these Terms constitute a binding and enforceable legal contract between yourself and WIN Sustainably (hereinafter referred to as "WS", "Company", "we", "us", "our", "QA'LIL") with reference to the useof this Platform. Please read these terms before ordering any items from our application.
You become a user of the Platform ("User" or "you"), by entering, using, browsing or registering on the Platform. As a User, you agree and undertake to comply with the provisions of these Terms.
You are responsible for making all arrangements necessary for you to have access to the Platform. You are also responsible for ensuring that all persons who access the Platform through your Internet connection are aware of these Terms and that they comply with them. By viewing, using, accessing, browsing, or submitting any content or material on the Platform, you agree to these Terms as a binding legal agreement, without limitation or qualification. The term "you" or "You" shall include any person or entity, who views, uses, accesses, browses or submits any content or material to the Platform.
If you do not agree to these Terms, then you may not use the Platform. WS reserves the right to modify these Terms at any time without prior notice. You agree that each visit you make to the Platform shall be subject to the Terms as displayed, and your continued use of the Platform now or following the modifications in these Terms confirms that you have read, accepted, and agreed to be bound by such modifications.
Our services
The Platform allows its Users who agree to the Terms to order from its partnered restaurants, vendors, groceries etc. that may be operated by third parties or affiliated companies (hereinafter referred to as the "Businesses").
The purpose of this Platform is to provide a simple and convenient service to Users, linking them to Businesses in their area for pick-up or delivery (our "Service") to order a variety of WIN Boxes including prepared meals, beverages and non-prepared food (hereinafter collectively referred to as "Goods", "WIN Box", "WIN Boxes").
Interactive options allow Users to build and submit orders at the click of a button. When you place an order from a Business, WS acts as a facilitator on behalf of that Business to conclude your order from the Platform and to manage your experience throughout the order processing. We have created the Platform to serve as a marketplace for its Users.
WS does not sell or interfere in any way in the production of any goods or service produced by the Businesses. What this online market offers to the Users is the ability to search for and find local Businesses that offer WIN Boxes to be picked up at their store or delivered at the user's addresses and enables ordering them through this Platform. The Businesses are obligated to comply with the country's local laws, rules, regulations, and standards pertaining to goods and services preparation, sale, marketing and safety.
However, it is important for Users to understand that WS does not in any way independently verify the credentials, representations or products of Businesses, the ingredients or the quality of any products, or that a Merchant is in compliance with applicable laws. Users must make themselves comfortable through information provided by Merchants on the Platform or as requested by Users directly from the Merchants as to the quality and reliability of the Merchants, as well as to their compliance with applicable laws.
We reserve the right, but are not obligated, to restrict or limit the sales of our Goods to any person, geographic region or jurisdiction. Any offer for any Goods made on the Platform is void when it is prohibited by law.
WS does not in any way guarantee the quality of any Goods or that any Goods complies with applicable laws and does not guarantee matching the list of Goods displayed on the Platform to what is actually provided to the Users. In addition, a Business may represent that goods and services preparation is in accordance with special standards, for example (including without limitation) to "organic", "macrobiotic" or allergen-specific standards, for example (including without limitation) "nut-free", "gluten-free", or "lactose-free". However, WS is not obligated to provide ingredient information or allergen information on the Platform. Further, WS does not guarantee that the Goods sold by Businesses are free of allergens, unless otherwise required by applicable laws. If you have allergies, allergic reactions or dietary restrictions and requirements, please contact the Business before placing an Order on our Platform, as WS does not independently investigate or verify such representations.
WS shall not be liable or responsible for any goods and services offered by Businesses that is unhealthy, is the cause of injury, that is otherwise unacceptable to Users or that does not meet the expectation of Users in any manner.
Users are solely responsible for verifying the accuracy of delivery addresses, and WS shall have no liability or responsibility for any such erroneous addresses. All goods and services preparation and deliveries are the sole responsibility of the Business accepting the order. Please be aware that the Business will do everything they can to meet the delivery time specified, however delivery times may be affected by factors beyond their control and therefore cannot be guaranteed. We will inform you if we become aware of an unexpected delay.
Creating an Account for the Platform
A User can create an account on the Platform and can determine their own "user name" and "password" which are determined by the User herself/himself. The "user name" is personal to the User and the same "user name" is not given to two different Users. The "password" is only known by the user. The user can change the password at any time. It is solely under the responsibility of the user to select and protect the password. WS is not liable for any problems, which may arise from the use of password. WS informs the user about the promotions, which take place in the user's area and from which the user may benefit, by email or text message. WS may share your username and password with the third party companies for the purpose of providing our Service – for example, the phone number may be shared with the Business which deals with take-out goods and services, in order to provide a faster and correct delivery. For the user to connect to the services, which require an Account of the Platform, the user must enter the user name and password. This process is called "login" to the Platform.
By using this Platform, you warrant that any personal information provided by you is true, accurate, current and complete in all respects and that you will notify us immediately of any changes to your personal information by updating your User profile on the Platform or by contacting us, you agree not to impersonate any other person or entity or to use a false name or a name that you are not authorized to use.
You are not allowed to register multiple Accounts for use by the same person. Violation of this clause may result in termination of your account. Users' passwords should be kept confidential at all times and must not be shared or disclosed to anyone. You are responsible for all activities and orders that occur or are submitted through your Account. If you know or suspect that someone has knowledge of your password, then you should contact us immediately.
You may not use the Platform for any unlawful or unauthorized purpose, including without limitation to:
(1) Distributing any unlawful, libelous, abusive, threatening, harmful, obscene or otherwise objectionable material.
(2) Transmitting material that constitutes a criminal offense, results in civilliability or otherwise breaches any laws, regulations or codes of practice.
(3) Interfering with any other persons use or enjoyment of the Platform.
(4) Damaging, disabling or impairing theoperation of this Platform or attempting to gain unauthorized access to this Platform or to networks connected to it, through hacking, spoofing or other such similar means.
We expect a device to hold one User account only. We may allow service in such cases but we will not allow the use of promotions.
If you wish to delete your Account, please contact us via the Platform's Contact Us Form requesting the same.
How to make an order and how it works
Once you have selected your WIN Box from the list of your chosen Business you will be given the opportunity to submit your order by clicking on the "Checkout" button (the "Order"). Please note it is important that you check the information that you enter and correct any errors before clicking on the "Checkout" button since once you click on this input, errors cannot be corrected. On receipt of your order, the Platform will begin processing your order and we will send an email and message on the final page that your order has been received and sent successfully to the Business. Where any payment you make is not authorized you will be returned to the previous page on the Platform and we shall not be obliged to provide the services.
Delivery and Pick-up
You understand that the available WIN Boxes offered by WIN Sustainably may vary from delivery area to delivery area. By entering your delivery address on the Platform, you will see the WIN Boxes that we make available to you at that time. Delivery areas may expand, shrink or change depending on different conditions such as: availabilities, weather, traffic,situations of force majeure, etc.
Upon Pick-up, the Business shall provide the User with information regarding list of ingredients, allergens and other labelling related information regarding the Product. Any Products purchased via the Platform shall be consumed immediately after Pick-up and/or as instructed by the Product Label or the Store. WS will not assume any liability for user’s adverse reactions from Products for any reasons, including if consumed inconsistently with the labelling or the information set out in these terms or given directly by the Store.
WS is not liable or responsible for any failure to perform or any delay in the performance of any obligations relating to the Products, including with respect to manufacturing, sale, purchase, storage, preparation, production, processing, marking, delivery, quality, ingredients, allergens or handling of the Products.
Pick-up Time
WIN Boxes reserved on the Platform must be picked-up by the you at the stated pick-up address (“Pick-up”) or delivered at the entered delivery address. The Pick-up time will normally be in a time period of 10-30 minutes but can be both shorter and longer. Business description and details about when and where the Products can be picked up will appear on the Platform and is stated in the Reservation Confirmation as well. If the User arrives at the Pick-up address before the specified pick-up time, we ask him or her to please wait outside for the sake of the Business' guests. Be aware that if the User arrives too late, the Business may be closed and/or the Product may be unavailable.
Since the Products are perishable goods and since WS concept is to avoid waste of food and other products, the Business is entitled to sell the Product to another user if the user does not Pick-up the Reservation Order within the time period set out in the Reservation Confirmation. In this event, WS is entitled to charge the Purchase Price (as defined below) from the Customer.
Upon Pick-up, the Customer shall show his or her Reservation Confirmation in the WS app to the Store’s employees, after which they will “swipe” the receipt and hand out the WIN Box(es) reserved. It is the Customer’s responsibility to ensure that the Reservation Confirmation in the app can be shown at Pick-up. The Customer is required to make sure that the Products and number of Products handed out correspond to the Customer’s reservation.
Delivery Time
WS shall deliver your Order to the delivery address provided by you. An estimated delivery time will be provided to you in your email confirmation as well as onthe order tracking page. However, delivery times shall vary depending on factors that are not controllable (e.g. order quantity, distance, time of day(peak periods), weather conditions, traffic conditions, etc.). You can view the remaining delivery time of an Order when you click on ‘My orders' on the Platform. You acknowledge that the delivery time we provide is only an estimate and Orders may arrive earlier or later. To ensure that you do not miss a delivery of an Order, you should ensure that either you or someone is at the delivery location to receive the Order once an Order is placed.
Unsuccessfulor Failed Deliveries
Without prejudice to any other clauses in theseTerms, in cases where we attempt to deliver an Order but we are unable to do sodue to the reasons caused by you, including but not limited to:
(1) no one was present or available to receive the Order
(2) customer was uncontactable despite attempts to reach the customer via the phone number provided
(3) lack of appropriate or sufficient access to deliver the Order successfully
(4) lack of a suitable or secure location to leave the Order
We will contact you via, among others, in-app call or message, or email, to inform the unsuccessful delivery and next steps. In such cases, WS reserves the right to cancel the Order without refund.
Wrong Order, Missing Order, Defective Items
In case of a complaint concerning a WIN Box and its contents, you shall address the complaint to the Customer Service of WS immediately. WS will handle all claims (including with respect to the “WIN Box” and its contents) as WS deems correct and any decision by WS regarding the Product is entirely up to WS.
In the event that the intervention of WS is not to your satisfaction, these Terms do not limit the means available to the User to resolve the dispute it has with the Store under statutory law. The Services are covered by statutory consumer protection legislation and other statutory legislation regarding purchase of goods and provisions set out herein regarding defects and delays.
All complaints are handled exclusively by WS and the User shall direct complaints against WS and not the Business.
The User shall verify the content of the Products upon receipt.
In case of a complaint, the Customer shall contact WS via the Contact Us Form on the Platform and provide the requested information and information about the Products and why the Customer is unsatisfied (including photos). After receiving the complaint, WS will process the complaint in cooperation with the Business if relevant and the User will receive a reply from WS within 10 working days.
Late Delivery
If your Order is significantly delayed from the estimated delivery time, please contact customer support via our in-app customer support chat feature immediately. In some cases, WS may request for additional information to properly investigate the issue with your Order. If we determine that the Order and/or goods you received is significantly delayed we will compensate you for your Order.
Pick-up Services
Pick-up Process
Where available as indicated on the Platform, you will have the option of collecting your Order in-person directly from the Business's premises ("Pick-Up") instead of having the Order delivered to You. Your email confirmation will indicate the time for you to take-out the Order (“Collection Time”). The Business will prepare the Order by the Collection Time. In some cases, a reasonable delay may be expected. The Business agrees to hold the Order for you at the Business's premises for no more than a reasonable period of thirty (30) minutes from the Collection Time (“Holding Time”) and shall not be obliged to provide the Order to you if you fail to take-out your Order within the Holding Time.
Pick-up Liability
In the event of unreasonable delays in Pick-Up attributable to you, you bear the risk of any damage or loss of Goods or any deterioration in quality or change in condition of the WIN Box (e.g. changes in the temperature fit for consumption). In this case, you shall not be entitled to a refund or replacement of the WIN Box. You alone are responsible for inspecting the Goods/Order when you Pick-Up your Order and shall report any issues and/or defects to the Business, as a recipient of messages for WS, before leaving the Business's premises.
Your Responsibilities
During the use of the services of the Platform, the User accepts and undertakes:
1. The information provided to us iscorrect. The User is the only party responsible for any losses which may arise from any misinformation or inadequate information (ex. forgetting thepassword); and in these cases his/her Account may be terminated.
2. The User is solely responsible for all personal ideas, opinions, statements set forth by the User while using theservices of the Platform, all the files uploaded to the Platform and the personal information sent, and that in no way WS shall be held liable for these files, not to access any services provided in the Platform unauthorized and in any way other that the one identified by the Platform; not to change the software in any way; not to use the software which is identified as being changed; and to indemnify WS for all material and moral losses in the event the User does not comply with the aforementioned articles, WS shall not be responsible for any damages which may arise from reading of data belonging to any Users by any unauthorized people, not to send any messages which are threatening, immoral,racially and contrary to the laws of United Arab Emirates and international agreements, any correspondences, titles, nicknames posted to the context shall not be contrary to the rules of public morality, good manners and laws, not to harass and/or threaten other users, or any of the Platform live chat personnel, not to act in a way affecting the use of services by other users, not to post, print, distribute, circulate any amoral, inappropriate and unlawful materials and information which may give harm to the names of any people or institutions, not to advertise, sell or offer to sell any products or services, engage in any activities such as survey, competition or chain letter, not to send any information or programs which may give harm to the information or software in the computers of other users.
3. All of the records or materials obtained by using the services of WS are within the consent of the user; the user shall be absolutely responsible for any damages, loss of information or other losses caused by them in the user's computer; the user shall not demand any compensation for any losses arising from the use of the service, not to use the services of the Platform for any commercial and advertising purposes without obtaining the consent of WS. WS may monitor all systems at any time or continuously.
4. The Platform may use its system for commercial purposes, not to mail any information which is forbidden legally and circulate any mails which do not have authorization to be sent such as chain mail, malicious software, etc., not to record and misuse any personal information belonging to others. The User himself/herself is responsible for all kinds of acts made under the"username". The users must pay the service fee which is notified previously at the time of delivery of products; otherwise the products shall not be delivered to the users; not to access the Platform or services using a third-party's account/registration without the express consent of the account holder; not to use the Platform for illegal purposes; not to commit any acts of infringementon the Platform or with respect to content on the Platform; not to use the Platform to engage in commercial activities apart from sanctioned use of WS services; not to copy any content, including, but not limited to Business menu content and third-party reviews, for republication in print or online; not to create Business reviews or blog entries for or with any commercial or other purpose or intent that does not in good faith comport with the purpose or spirit of the Platform; not to attempt to gain unauthorized access to other computer systems from or through the Platform; not to interfere with another person's use and enjoyment of the Platform or another entity's use and enjoyment of the Platform; not to upload or transmit viruses or other harmful, disruptive or destructive files; and/or not to disrupt, interfere with, or otherwise harm or violate the security of the Platform, or any services, system resources, accounts, passwords, servers or networks connected to or accessible through the Platform or affiliated or linked Platforms (including those of our Merchant partners).
5. All users who are minors in the jurisdiction in which they reside must have the permission of, and be directly supervised by their parent or guardian to use the Platform. If you are a minor, you must have your parent or guardian read and agree to this Agreement prior to you using the Platform. Credit or Debit cards used in placing orders through the online payment gateway on the Platform must belong to the user. Otherwise, the user must obtain the legal permission from the card owner to perform the transaction.
User Material
Other than personally identifiable information ("Personal Data"), which is covered under the Platform Privacy Policy, any material you transmit or post to this Platform will be considered non-confidential and non-proprietary. The Platform will have no obligations with respect to such material. The Platform and anyone we designate will be free to copy, disclose, distribute, incorporate and otherwise use that material and all data, images, sounds, text and other things embodied in it for any and all commercial or non-commercial purposes.
You are prohibited from posting, uploading or transmitting to or from this Platform any material that:
§ Breaches any applicable local, national or international law
§ Is unlawful or fraudulent
§ Amounts to unauthorized advertising;
§ Contains viruses or any other harmful programs
§ You may not misuse the Platform (including by hacking)
§ Any comments or feedback that you submit through the Platform must not:
§ Contain any defamatory, obscene or offensive material;
§ Promote violence or discrimination;
§ Infringe the intellectual property rights of another person;
§ Breach any legal duty owed to a third party (such as a duty of confidence);
§ Promote illegal activity or invade another's privacy;
§ Give the impression that they originate from us; or
§ Be used to impersonate another person or to misrepresent your affiliation with another person.
§ The prohibited actslisted in the above paragraphs are non-exhaustive. You will pay WIN Sustainably for all costs and damages which it incurs as a result of you breaching any of these restrictions.
WS will fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity or location of anyone posting any material in breach of the above paragraph.
Acceptable Use Policy
You may not access or use the Platform for any other purpose other than that for which the Platform makes it available. The Platform is for the personal use of users only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by the Platform. In case of any prohibited activities committed by the user, the company has the right to suspend, block or terminate the user's Account and prevent his access to log in the service. Prohibited activities include but not limited to the following:
1. Violate any law, statute, ordinance or regulation
2. Violate applicable laws or industry regulations regarding the sale of alcoholic drinks
3. Violate copyright, trademark, right of publicity or privacy or any other proprietary right under the laws of account owner's jurisdiction
4. Any illegal products, services or activities, including encouraging, promoting, facilitating or instructing others to engage in illegal activities
5. Payments to or from any listed sanctioned countries. Businesses or businesses with persons subject to international/national sanctions, suspected or convicted of terrorism, financial crime or any other offence
6. Providing false information relating to the customer's identity or business activities
7. Any product, service or activity that finance terrorism
8. Products, services or activities including media and journalism, that could be considered as being of a discriminatory, hateful, racist or exploitative nature, or of inciting harassment, bestiality, mutilation or violence
9. Connected to services where the service provider collects money on behalf of others as a payment services provider, cheque encashment agencies, foreign exchange providers, money transmitters, traveler's cheques or money orders
10. Involving ammunition, explosives,arms, defense or weapons, replica weapons, gun parts or related parts oraccessories, hunting, manufacture/distribution of weapons
11. Services relating to hospitality time shares or issuing of travel visas
12. Promotion or advertising of products or services other than your own without appropriate authorisation
13. Collecting money without a license when compulsory in the account owner's jurisdiction
14. Multi-level marketing programs, network sales, matrix programs, outbound and inbound telemarketing or other similar programs including pyramid and Ponzi schemes
15. Gambling, betting activities, casinos, lotteries, sweepstakes, penny auctions, services related to fantasy sportsor sports forecasting, or sale of value usable "chips" or vouchers connected to this services, certain in-purchasing games
16. Programs, materials or services related to get-rich courses or related to increasing your wealth or gambling
17. Factoring, lending, investment services, financial, escrow or mortgage services, pawn shops
18. Private business directories, businesses specializing in warning letters, liquidation or proxy services
19. Buying or selling stocks, bonds, securities, options, futures, binary options or investment interest in any entity or property, services related to raffles, debt consolidation, insurance brokers, payday lenders, medical collections, scholarship programs, payment protection insurance, currency exchange or FOREX activities
20. Modification chips (e.g. to modify a games console in order to use non-producer hardware or software)
21. Ticket agencies without a license, ticket resale
22. Replica clothes and products, or counterfeit goods
23. Objectionable, offensive, indecent, harassing, threatening, embarrassing, distressing, vulgar, hateful, racially, ethnically or sexually offensive, or otherwise inappropriate behaviour towards the WIN Sustainably staff.
24. Highly rated politically exposed persons (PEP).
WS reserves the right but is not obligated to do any or all of the following (with no limitation to other actions):
1. investigate an allegation that any content posted on the Platform does not conform to these Terms and determine in its sole discretion to remove or request the removal of the content;
2. remove content which is abusive, illegal, or disruptive, or that otherwise fails to conform with these Terms;
3. monitor, edit, or disclose any content on the Platform; and
4. edit or delete any content posted onthe Platform, regardless of whether such content violates these Terms.
5. cancel any Order and/or suspend,deactivate or terminate your Account in its sole discretion if it reasonably suspects or detects fraudulent behaviour or activity associated with your Account and/or with your Order and/or any of the reasons named in these Terms.
Authority of WS
WS may temporarily suspend or completely cease the system operation at any time. The Platform shall not have any responsibilities against the Users of WS or any third parties due to the temporary suspension or complete cessation of the system operation.
The user name and password shall be displayed and approved by the registered Users. WS may prevent its registered Users who have created accounts on the Platform from creating new passwords or from using their old passwords for an indefinite period of time if it is deemed necessary by WS.
WS does not warrant that its services shall be provided on time in a secure and complete way, the results obtained from the services shall be correct and reliable, and that the service quality shall meet the expectations.
WS has the right to back-up and delete all or some of the files, messages which are provided by the Users during the use of services for some periods deemed suitable by the Platform. WS shall not be held responsible for back-up and delete processes.
The Platform has the ownership and copyrights arising from the ownership of the information, documents, software, designs, graphics etc. which are produced by itself and/or bought from outside.
The sales of WS are limited to the current availability of meals and food offerings of the businesses provided in WS. WS is not responsible for any item ordered and not delivered by the Business due to unavailability.
WS has rights to post any information, documents, software, designs, graphics, etc. (such as the messages, reports, news, file posted to the bulletin board) which are User generated and uploaded to the system by the Users and/or to transmit them to another place within the Platform deemed as appropriate by WS. It is probable that this information is copied and/or posted by other users. In such cases, the users shall not demand any royalty from WS.
The obligation to change the information in relation to the price and product specifications, which are provided to sell in WS, belongs to the companies which have cyber Businesses in the Platform. In the event of any misinformation relating to the price and specifications of products, WS may correct this mistake by cancelling the order.
WS may provide transition for a User to other Platforms. In this case, the User agrees that WS shall not be responsible for the context of the Platforms, which the User may access through its Platform.
WS change in time the services for which any Account is not required to a form, which requires Account. WS may provide additional services, change some of the services partially or completely, or transform into a paid service.
This Platform may be unavailable at certain times to allow for maintenance and upgrades. Although we will endeavour to notify Users in advance of any service unavailability, this cannot be guaranteed and we reserve the right to alter or withdraw the service at any time.
Guidelines for Reviews
Reviews are approved based on the following criteria:
Relevancy
Reviewers must have had an experience with the Business first-hand.
Acceptable Content
WS is not obligated to approve reviews on the Platform. A subset of the potential reasons for rejection are:
§ Promote violence or discrimination based on the grounds of religion, race, gender, national origin, age, disability or marital status.
Offensive Language: Profanity, abusive, racist, and hate language is not tolerated in our interactive sections.
§ Irrelevant or non-indicative content.
§ Promote illegal activity or invade another's privacy.
§ Breach any legal duty owed to a third party (such as a duty of confidence).
§ Conflicts of interest: Competing Businesses are not allowed to post negative reviews.
§ Violation of this might result in permanent removal from the Platform.
§ Be used to impersonate another person.
§ Outdated and obsolete information.
WS does not control, modify or edit any reviews posted, except that WS is entitled to remove or edit at any time any reviews posted, uploaded or transmitted to the Platform in the event that the review breaches one or more of the prohibitions mentioned above or is otherwise deemed fraudulent.
The reviews contained on the Platform are for information purposes only and do not constitute advice from WS. Reviews reflect the opinions of customers who have ordered through the Platform or other third parties, and any statements, advice or opinions provided by such persons are theirs only. Accordingly, to the fullest extent permitted by law, WS assume no responsibility or liability to any person for any reviews, including without limitation any mistakes, defamation, obscenity, omissions or falsehoods that the User may encounter in any such reviews.
WS is entitled to store the reviews.
The User will not receive compensation or benefits from making reviews through the Platform.
There may be a delay between the filing of the review and the publishing hereof.
Not endorsed
Reviews are not endorsed by WS, and do not represent the views of WS and our business partners. WS does not assume liability for any review or for any claims, liabilities or losses resulting from any use of the Platform, or information on the Platform.
Owned by WIN Sustainably
Reviews are owned by WS exclusively in perpetuity. We have the right to reproduce, modify, translate, transmit, and/or distribute all materials relating to reviews. WS is under no obligation to pay the author or anyone else for their reviews.
Termination ofagreement
WS has the right to terminate, suspend or delete your Account and your access to or use of the Platform, including any delivery service we provide to you in respect of an Order, for any reason, including, without limitation, if WS, in its sole discretion, considers your use to be unacceptable, or in the event of any breach by you of these Terms. Where appropriate, WS will give you the opportunity to state your position, before any termination, suspension or deletion of your account.
Restrictions for Non-Personal and Non-Commercial Use
You agree that the consequences of commercial use or re-publication of content or information of WS may lead to serious and incalculable monetary compensation that may not be a sufficient or appropriate remedy and that WS will be entitled to temporary and permanent injunctive relief to prohibit such use.
Refund Policy
WS takes user satisfaction very seriously. In the case of problems with your goods and services order, please contact WS through our live chat or Contact Us Form and we will assist you. In appropriate cases, if you have already been billed by WS on behalf of the Merchant, WS will issue full or partial refunds. In the following cases: if you did not receive your order or did not receive your order, you may be issued a full refund; if part of your order is missing, we may issue a partial refund. In every event, we will take into account relevant factors including the details of the order and do our best to ensure your satisfaction. You will receive your refund as WS credit on your WS account unless you request a refund to the original source of payment.
Price and Payment
Upon placing a Reservation Order, the amount stipulated by the Business for the WIN Box (“Purchase Price”) is authorized or reserved at the User´s account (depending on the chosen payment method) (“Account”). The Purchase Price is charged at the User´s account upon reservation of the WIN Box. If the reservation is cancelled in accordance with these Terms, the Purchase Price is cancelled or refunded to User.
The Purchase Price is collected by WS from the User on behalf of the Business. WS may amend, modify or restructure the payment procedure for its Users, as it deems reasonable.
Payment by debit or credit card on the Platform is safe and certified by the card issuer. All payments are made through an encrypted internet connection.
WS does not store any debit or credit card information. Such information is handled by the Payment Service Providers. However, such information may be stored by the Payment Service Providers.
If the User's credit card or payment method is rejected when trying to pay for an order, the User should verify that the entered information is correct.
If the User has corrected the error and the credit card is still rejected, WS recommends that the User contacts his or her bank.
Due to standard banking procedures, once the User has submitted a Reservation Order by use of a credit or debit card and the payment has been authorized, the bank or card issuer will reserve the full amount of the Reservation Order If the Reservation Order is subsequently rejected by the Business or cancelled for any other reason in accordance with these Terms, the bank or card issuer will not transfer the funds for the order to WS and will instead refund the User by releasing the relevant amount back into the User's available balance. However, this may take up to 10 working days (or longer, depending on the User's bank or card issuer), and WS does not have authority to make enquiries to a User's bank or card issuer on specific payment issues. The User must do so.
By accepting these Terms, the User accepts the method of payment set out above and acknowledges and agrees that WS is not responsible or liable to the User in relation to the above.
Once your order has been accepted, this represents an agreement between you the User and the Business. The Business has sole responsibility for this order.
Payment Methods
When using your Account as payment instrument you may choose from different payment methods as available and indicated on the Platform.
WS reserves the right to offer additional payment methods and/or remove existing payment methods at any time at its sole discretion. The online payment methods shall be processed by our third party payment service provider(s). With your consent, your credit card / payment information will be stored with our third-party payment service provider(s) for future Orders. WS does not store your credit card or payment information.
You must ensure that you have sufficient funds on your credit and debit card to fulfill payment of an Order. In so far as required, WS takes responsibility for payments made on our Platform including refunds, chargebacks, cancelations,and dispute resolution, provided if reasonable and justifiable and inaccordance with these Terms
At the time of checkout, please read the applicable payment terms linked and disclaimers carefully before using any payment method.
Validity of WS records
In the disputes which may arise in relation to their Terms, the User agrees, states and warrants that any bookkeeping entry, microfilm, microfiche and computer records constitute a valid, binding, absolute and exclusive evidence; this article has the characteristics of an evidential contract, and that the User waives in advance all kinds ofobjections to the specified WS records and the right to tender an oath in relation to the fact that these records are kept in due form.
Governing law & competent
These Terms shall be governed by and construed in accordance with the laws of the United Arab Emirates. Disputes arising in connection with these Platform Terms (including non-contractual disputes) shall be subject to the exclusive jurisdiction of the courts of the United Arab Emirates.
Severability
If any part of these Terms deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any of the remaining provisions of these Terms. No waiver by us shall be construed as a waiver of any preceding or succeeding breach of any provision.
License
WS grants you permission (which may be revoked at any time for any reason or no reason) to view the Platform and to download, email, share via social networking or print individual pages from the Platform in accordance with these Terms and solely for your own personal, non-commercial use, provided you do not remove any trademark, copyright or other notice contained on such pages. No other use is permitted.
You may not, for example, incorporate the information, content, or other material in any database, compilation, archive or cache. You may not modify, copy, distribute, re-publish, transmit, display, perform, reproduce, publish, reuse, resell, license, create derivative works from, transfer, or sell any information, content, material, software, products or services obtained from the Platform, except as specifically noted above. Except as specifically authorized by WS, you may not deep-link to the Platform for any purpose or access the Platform manually or with any robot, spider, webcrawler, extraction software, automated process or device to scrape, copy, or monitor any portion of the Platform or any information, content, or material on the Platform. WS reserves all of its statutory and common lawrights against any person or entity who violates this paragraph. You may not link or frame to any pages of the Platform or any content contained therein, whether in whole or in part, without prior written consent from WS. You may become a "fan" of the Platform or share links to the Platform via social networking technology reference on the Platform. Any rights not expressly granted herein are reserved.
Intellectual Property Rights
All trademarks, logos, images, and service marks, including these Terms as displayed on the Platform or in our marketing material are the Intellectual Property of WS and/or third parties who have authorised us with the right to use such proprietary rights (collectively the "Intellectual Property"). You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify these Intellectual Property in any way without our prior express written consent. The use of our Intellectual Property rights, including but not limited to the WS’ trademarks and copyrights to the WS logo on any other website not approved by us is strictly prohibited. WS will aggressively enforce its Intellectual Property rights to the fullest extent of the laws, including criminal prosecution. WS neither warrants nor represents that your use of materials displayed on the Platform will not infringe or constitute a misappropriation of any rights of third parties not owned by WS or its Affiliates. Use of any materials on the Platform is at your own risk.
Contribution License
By posting contributions to any part of the Platform, you automatically grant, and you represent and warrant that you have the right to grant, to WS an irrevocable, perpetual, non-exclusive,transferable, royalty-free, fully-paid, worldwide license to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole orin part) and distribute such contributions for any purpose, commercial,advertising, or otherwise, on or in connection with the Platform or the promotion thereof, to prepare derivative works of, or incorporate into otherworks, such contributions, and to grant and authorize sub licenses of theforegoing.
WS has the right, in our sole and absolute discretion, to edit, redact or otherwise change any contributions, to re-categorize any contributions to place them in more appropriate locations or to pre-screenor delete any contributions that are determined to be inappropriate or otherwise in violation of this Agreement.
Links to and from other Platforms
As a courtesy to you, the Platform may offer links to other websites/applications. Some of these websites/applications may be affiliated with WS while others are not. WS is not responsible for the contents of any website/application pages created and maintained by organizations independent of WS. Visiting any such third-party website/application pages is at your own risk. WS has no control of these third-party website pages, nor can it guarantee the accuracy, completeness, or timeliness of information in third-party website pages. Your use of such information is voluntary, and your reliance on such information should be made only after independent review. References to commercial products or services within any such third-party website pages do not constitute or imply an endorsement by WS. By using the Platform, you acknowledge that WS is responsible neither for the availability of, nor the content located on or through any third-party website pages.
Indemnity and limitation of liability
You agree to defend, indemnify and hold harmless WS and its affiliate companies and their respective representatives from any and all claims, losses, liabilities, expenses, damages and costs (including reasonable legal fees) arising or resulting directly orindirectly from or out of your breach of any of these Terms, or any activity you conduct in connection with the Application. WS reserves the right, but not the obligation, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In such instances, you agree to cooperate fully with WS in the defense of such matters.
To the maximum extent permitted by law, you will indemnify WS, its officers and employees against all costs, expenses and damages incurred in connection with any claim brought by a third party against WS arising from a breach by you of any of the Terms. You acknowledge that the limitation/exclusion of liability of WS, and your indemnity to WS, will also apply to all affiliates of WS.
Data protection
WS is committed to upholding the trust given by you to handle your personal data. WS and our affiliates will process your data in accordance with applicable data protection regulations. In order to deliver certain functions as part of the services, we may need to record your name, national ID number and any other details on such ID, date of birth, email address, address, telephone number and details around the payments due by you to us.
Please refer to Privacy Policy for more details.
Disclaimer
The information, content, products, services, and materials available through the application (whether provided by WS , you, other users or other affiliates/third parties), including without limitation, goods, submissions,text, photos, graphics, audio files, video, and links, are provided "as is" and "as available" without warranties of any kind, either express or implied. To the maximum extent permitted by law, WS disclaims all representations and warranties, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, title, non infringement, freedom from computer virus, and implied warranties arising from course of dealing or course of performance.
Prevailing language
These terms shall be available in both English and Arabic. In case of any discrepancies between the two versions,the English version shall prevail.
Contact Us
For customer support, you can reach out to us through the Contact Us Form available on the Platform.
