Please read the following terms and conditions carefully before registering, accessing, browsing, downloading or using ‘Wasel Gifts’ Mobile App and Site (defined below). By accessing or using the Mobile App or by using the Service (defined below), you agree to be bound by these terms and conditions set forth below including any additional guidelines and future modifications. If at any time you do not agree to these terms and conditions or do not wish to be bound by these terms and conditions, you may not access or use the Mobile App or our site and immediately terminate your use of the services. All services are rendered by MOUSSALLY Limited whose registered address is 1630 The Cube West, Wharfside Street, Birmingham, B1 1PP, UK through its Mobile App platform under the brand name ‘Wasel Gifts.’  Hence all the rights, benefits, liabilities & obligations under the following terms and  conditions shall accrue to the benefit of MOUSSALLY Limited (together with its subsidiaries if any and other affiliates, “us”, “We” or “Wasel Gifts”), regarding your use of our mobile app purchasing services in the shape of credits, transferring credits (known as “Credits”) or Services regarding our Mobile App Wallet online or such other services which may be added from time to time (all such services are individually or collectively referred to as Service or Services as the case may be). Service can be used by you subject to your adherence with the terms and conditions set forth below including relevant policies.  ‘Wasel Gifts’ reserves the right, at its sole discretion, to revise, add, or delete portions of these terms and conditions any time without further notice. You shall re-visit the “Terms & Conditions” link from time to time to stay abreast of any changes that the “Mobile App Site” may introduce.

 

In this Agreement the following words and phrases shall have the following meaning:

 

Definitions

“App or website content’’ means any and all content and material made available by or on behalf of MOUSSALLY LTD;

“App Unique Code” stands for CODE and refers to the auto generation code within the system which is presented to the ‘Wasel Gifts’ Merchants to avail the Credits, Purchase or Transfer the same.  A ‘Wasel Gifts’ Mobile app user is required to procure personal identification details here, known as App Unique Code, auto-generated within the App System and can be used for availing and/or continuation of the ‘Wasel Gifts’ Wallet;

‘‘Business Day’’ means a day (other than a Saturday, Sunday or public holiday) when banks are generally open for business;

“Basic Account” means Customer ‘Wasel Gifts’ Wallet classified as a Mobile App System instrument issued by accepting minimum customer details being customer name, email address, mobile number, the permitted credit purchase and transfers;

“Complaint’’ has the meaning set out in the app or website;

“Customer’’ means a person who is in bona fide possession of a promotion via the mobile app or has Wasel credits in his App wallet which he wants to redeem;

“Customer Data’’ means all identifiable information of the customer who is in possession of the mobile app;

“Credit” means the virtual currency within the mobile app and the merchant software provided by MOUSSALLY LTD;

‘‘Credit redemption’’ providing a unique code to the merchant to transfer credits into the merchant’s account in exchange for advertised product/s by merchant;

“Credits or Promotional Percentage Rate’’ means the applicable percentage rate set out in the Order Form or made duly available on the app or website or in any other acceptable form unless stated otherwise;

“Customer” or “you” mean a person who has registered with ‘Wasel Gifts’ for availing the ‘Wasel Gifts’ Credit Wallet and who has accepted these Terms and Conditions and, owns/operates/has access to an internet compatible device that supports the ‘Wasel Gifts’;

“Credit Transfer Charge(s)” or “Service Charge” shall mean the charges which ‘Wasel Gifts’ may levy upon you in consideration for subscribing to the ‘Wasel Gifts’ Wallet;

“Enrollment Form” shall mean the ‘Wasel Gifts’ Wallet Enrolment Form or a registration form, as is required by ‘Wasel Gifts’ from the Customer at the time of Registration for availing and / or continuation of the ‘Wasel Gifts’ Wallet;

“Force Majeure Event’’ has the meaning set out in this agreement as any event outside the reasonable control of either party affecting its ability to perform any of its obligations (other than payment) under this Contract;

“IPR’’ means Intellectual Property Rights and refers  to the rights including, without limitation, trade secrets, patents, copyrights, trademarks, service marks, rights (registered or unregistered) in designs, database rights (including rights of extraction), know-how, moral rights, lists of suppliers and customers and the proprietary knowledge in such information, domain names, rights protection of goodwill and reputation and similar rights of all types to the foregoing under the laws of any governmental authority, whether domestic or foreign, including all renewals, applications and registrations relating to the Effective Date;

“Password” means the secret password used to secure ‘Wasel Gifts’ Mobile App login and Wallet app section, without knowledge of which your ‘Wasel Gifts’ Mobile app or Wallet will not be operable;

“Merchants” shall mean and include physical Merchants, remote Merchants and any other outlet that has been authorised by ‘Wasel Gifts’ to accept Credits using ‘Wasel Gifts’ Wallet;

“Person-to-Person Transfer” refers to a facility to transfer Credits from a ‘Wasel Gifts’ Wallet to any other ‘Wasel Gifts’ Wallet user issued by ‘Wasel Gifts’;

“Promotion’’ means an advertisement on the mobile app;

“Refunds’’ means refunds made at the exclusive discretion of MOUSSALLY LTD to a Merchant due to an honoured complaint or a failure by MOUSSALLY LTD to fulfil its obligation under this agreement, but shall not include refunds made by MOUSSALLY LTD where a Customer has been acting fraudulently;

“Transaction” means Person-to-Person Credit Transfer or purchase of credit for the purpose of goods or services at Merchant establishments or equivalent amount of credits/equivalent of money in the ‘Wasel Gifts’ Wallet, if goods or services are not available;

Trade Marks’’ means the trademarks, service marks, logos, trade names, business names and brands provided by Merchants to MOUSSALLY LTD for use in connection with this agreement;

“Term’’ has the meaning given to it in Clause 3;

“Wasel Gifts’ Wallet” or “Wasel Gift Wallet” means the credit transfer instrument issued by ‘Wasel Gifts’ including a mobile app Basic Account;

“Wasel Gifts” refers to the name of the mobile app available on Apple store and Google Play.

 

Eligibility

The Services are not available to persons under the age of 18 or to anyone previously suspended or removed from the services by ‘Wasel Gifts’. By accepting these Terms & Conditions or by otherwise using the Services or the Mobile App / Website, you confirm that you are at least 18 years of age and have not been previously suspended or removed from the Services. You represent and warrant that you have the right, authority, and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement. You shall not impersonate any person or entity, or falsely state or otherwise misrepresent identity, age or affiliation with any person or entity.

 

Credit Redemption

Credit redemption is purely subjected to standard and specified terms and conditions mentioned by the respective Merchants. Credits are issued on behalf of ‘Wasel Gifts’. Hence, any damages, injuries and/or losses incurred by the end user by using the Credit is not the responsibility of ‘‘Wasel Gifts’. Total credit for a user cannot be more than 5000. These terms and conditions of ‘Wasel Gifts’ supersede any offer previously related to ‘Wasel Gifts’.

 

 

Communication Policy

• By accepting the terms and conditions the customer accepts that ‘Wasel Gifts’ may send alerts to the mobile phone number provided by the customer while registering for the service or to any such number that is replaced and informed by the customer to ‘Wasel Gifts’. The customer acknowledges that the alerts will be received only if the mobile phone is in ‘On’ mode to receive the notification. If the mobile phone is in ‘Off’ mode, any alerts sent during such time might be delayed or not received.
• ‘Wasel Gifts’ will make its best efforts to provide the service and it shall be deemed that the customer shall have received the information sent from ‘Wasel Gifts’ as an alert on the mobile phone number provided during the course of Credits transfer and ‘Wasel Gifts’ shall not be under any obligation to confirm the authenticity of the person(s) receiving the alert. The customer cannot hold ‘Wasel Gifts’ liable for non-availability of the service in any manner whatsoever.
• The customer acknowledges that the Mobile App service provided by ‘Wasel Gifts’ is a facility provided for the customer’s convenience and that it may be susceptible to error, omission and/or inaccuracy. In the event the customer observes any error in the information provided in the alert, ‘Wasel Gifts’ shall be immediately informed about the same by the customer and ‘Wasel Gifts’ will make the best possible efforts to rectify the error as early as possible. The customer shall not hold ‘Wasel Gifts’ liable for any loss, damages, claim or expense, including legal cost, that may be incurred/suffered by the customer on account of the Mobile App facility.
• The customer acknowledges that the clarity, readability, accuracy, and promptness of providing the service depend on many factors including the infrastructure and connectivity of the service provider. ‘Wasel Gifts’ shall not be responsible for any non-delivery, delayed delivery or distortion of the alert in any way whatsoever.
• The customer agrees to indemnify and hold harmless ‘Wasel Gifts’ and its hosting server service provider, including its officials, from any damages, claims, demands, proceedings, loss, cost, charges and expenses whatsoever including legal charges and legal fees which ‘Wasel Gifts’  and the hosting service provider may at any time incur, sustain, suffer or be put to as a consequence of or arising out of (i) misuse, improper or fraudulent information provided by the customer, (ii) the customer providing incorrect number, or providing a number that belongs to that of an unrelated third party, downloading the wrong Mobile App URLs and links and/or (iii) the customer receiving any message relating to the credit transfers, promotions, merchant offerings, delay, and/or rescheduling from ‘Wasel Gifts’  and/or the hosting  service provider.
• Customer also agrees to receive information regarding what ‘Wasel Gifts’ perceives to be of their interest based on usage history via SMS, email and telephone call. This includes offers, discounts and general information. In case the customer does not want such information, the customer should explicitly ask to be excluded.
• By accepting the terms and conditions the customer acknowledges and agrees that ‘Wasel Gifts’ may call the mobile phone number provided by the customer while registering for the service, or to any such number replaced and informed by the customer, for the purpose of collecting feedback from the customer regarding their World Wide Gift Exchanges, money transfers, travel, tourism, or any other service Industry.

 

Use of Wasel Gifts Mobile App and Website

You understand that except for information, products or services clearly indicated as being offered by the ‘Wasel Gifts’, we do not operate, control, or endorse any information, products or services on the Internet in anyway. You also understand that ‘Wasel Gifts’ cannot and does not guarantee or warrant that files available for downloading through the mobile app market stores, or that the site will be free of viruses, worms or other code that may be damaging. You are responsible for implementing procedures to satisfy your particular requirements and for accuracy of data input and output.

 

Restrictions and Prohibited Conduct

By using the Services you agree not to:

• use the Services for any purposes other than to transfer Credits and/or to access the Services in accordance with these Terms and Conditions and as such services are offered by ‘Wasel Gifts’;
• impersonate any person or entity, falsely claim or otherwise misrepresent an affiliation with any person or entity, or access the accounts of others without permission, forge another person’s digital signature, misrepresent the source, identity, or content of information transmitted via the Services, perform any other similar fraudulent activity or otherwise purchase of Credits with what we reasonably believe to be potentially fraudulent funds or Credit transfers;
• infringe our or any third party’s intellectual property rights, rights of publicity or privacy;
• use the Services if you are under the age of eighteen (18) without a parental sponsor or in any event use the Services if you are under the age of thirteen (13) years old even with a parental sponsor and in accordance with applicable law;
• post or transmit any message which is libellous, defamatory or which discloses private or personal matters concerning any person;
• post or transmit any message, data, image or program which is pornographic in nature;
• refuse to cooperate in an investigation or provide confirmation of your identity or any other information You provide to ‘Wasel Gifts’;
• remove, circumvent, disable, damage or otherwise interfere with security-related features of the App Services and the Site or features that enforce limitations on the use of the Services;
• reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the App Services or any part thereof, except and only to the extent that such prohibition is expressly prohibited by applicable law notwithstanding this limitation;
• use the Services in any manner that could damage, disable, overburden, or impair it, including, without limitation, using the Services in an automated manner;
• modify, adapt, translate or create derivative works based upon the Services and the Site or any part thereof, except and only to the extent that such prohibition is expressly prohibited by applicable law notwithstanding this limitation;
• intentionally interfere with or damage operation of the Services or any other user’s enjoyment of it, by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code or file with contaminating or destructive features;
• use any robot, spider, other automatic device, or manual process to monitor or copy the Mobile app or Site without prior written permission;
• interfere or disrupt this Mobile app or Site or networks connected to this app software and its administrative backend software;
• take any action that imposes an unreasonably or disproportionately large load on our infrastructure/ network;
• use any device, software or routine to bypass the Mobile App or Site’s robot exclusion headers, or interfere or attempt to interfere, with the Services;
• forge headers or manipulate identifiers or other data in order to disguise the origin of any content transmitted through our Mobile app or Site or to manipulate your presence on our software systems;
• sell the Services, information, or software associated with or derived from it;
• use the facilities and capabilities of the Mobile App or Site to conduct any activity or solicit the performance of any illegal activity or other activity which infringes the rights of others;
• breach this Agreement or any other ‘Wasel Gifts’ agreement or policy;
• provide false, inaccurate or misleading information;
• use the Mobile App or Site to collect or obtain personal information, including without limitation, financial information, about other users of the Mobile App or Site;
• purchase Credits with what ‘Wasel Gifts’ reasonably believes to be potentially fraudulent funds;
• use the Services in a manner that results in, or may result in, complaints, disputes, reversals, chargebacks, fees, fines, penalties and other liability to ‘Wasel Gifts’ , a third party or You;
• use the Services in a manner that ‘Wasel Gifts’ or any payment, Wallet, card network reasonably believe to be an abuse of the Credits Transfer system or a violation of Credit transfer network rules;
• take any action that may cause ‘Wasel Gifts’ to lose any of the Services from its service providers, hosting providers, app developers or other suppliers; and
• send automated requests of any kind to the Mobile app or Site’s system without the express permission in advance from ‘Wasel Gifts’.

 

Refund Policy

All sales of Credit Transfers are final with no refund or exchange permitted. You are responsible for the mobile number or your mobile app account or the Credits purchased and transferred and all charges that result from those purchases and transfers. ‘Wasel Gifts’ is not responsible for any purchase of Credits and Transfer of those Credits for an incorrect mobile number or incorrect Mobile App accounts. However, if in a Transfer performed by You on the Mobile App, money has been charged to your account or card or bank account and a Credit transfer or Credit purchase is not delivered within 24 hours of your completion of the transaction then you may inform us by sending an email to our customer services email address mentioned on the Contact Us page of our mobile app or Site. Please include in the email the following details – the mobile number (or App account details), credit value, Transfer date and Unique Transaction Number. ‘Wasel Gifts’ shall investigate the incident and if it is found that Credit transfer or purchase  was indeed charged to your card or bank account without delivery of the transfer then you will be refunded the money within 21 working days from the date of receipt of your email. All refunds will be credited to your App Wallet or a designated bank account. You can trigger a request in your Mobile App Wallet to transfer the money or Credits from your ‘Wasel Gifts’ Wallet back to source. It will take 3-21 days for the money to show in your bank account depending on your bank’s policy.

 

Termination; Agreement Violations

You agree that ‘Wasel Gifts’ in its sole discretion, for any or no reason, and without penalty, may suspend or terminate your account (or any part thereof) or your use of the Services and remove and discard all or any part of your Mobile App account, your user profile, or your recipient profile, at any time. ‘Wasel Gifts’ may also in its sole discretion and at any time discontinue providing access to the Services, or any part thereof, with or without notice. You agree that any termination of your access to the Services or any account you may have or portion thereof may be effected without prior notice, and you agree that ‘Wasel Gifts’ will not be liable to you or any third party for any such termination. Any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies ‘Wasel Gifts’ may have at law or in equity. Upon termination for any reason, you agree to immediately stop using the Services.

 

Limitation of Liability and Damages

In no event will ‘Wasel Gifts’  or its contractors, agents, licensors, partners, developers, suppliers be liable to you for any special, indirect, incidental, consequential, punitive, reliance, or exemplary damages (including without limitation lost business opportunities, lost revenues, or loss of anticipated profits or any other pecuniary or non-pecuniary loss or damage of any nature whatsoever) arising out of or relating to (i) this Agreement, (ii) the Services, the Mobile App Service or Site or any reference site, or (iii) your use or inability to use the Services, the Mobile App or site (including any and all materials) or any reference sites, even if ‘Wasel Gifts’  or a ‘Wasel Gifts’  authorised representative has been advised of the possibility of such damages. In no event will ‘Wasel Gifts’  or any of its contractors, directors, employees, agents, third party partners, licensors or suppliers’ developers, be liable for all damages, liabilities, losses, and causes of action arising out of or relating to (i) this Agreement, (ii) the Services, (iii) your use or inability to use the Mobile App Services or the Site (including any and all Materials) or any Reference Sites, or (iv) any other interactions with ‘Wasel Gifts’ , however caused and whether arising in contract, including negligence, warranty or otherwise, exceed the amount paid by you to purchase credits or transfer credits, if any, for using the portion of the Services or the Mobile App or Site giving rise to the cause of action. You acknowledge and agree that ‘Wasel Gifts’ has offered its Services, set its prices in form of commissions or percentage on the Credits Purchased and Transferred, and entered into this Agreement in reliance upon the warranty disclaimers and the limitations of liability set forth herein, that the warranty disclaimers and the limitations of liability set forth herein reflect a reasonable and fair allocation of risk between You and ‘Wasel Gifts,’ and that the warranty disclaimers and the limitations of liability set forth herein form an essential basis of the bargain between You and ‘Wasel Gifts’.

 

Indemnification

You agree to indemnify, save, and hold ‘Wasel Gifts’ , its affiliates, contractors, employees, officers, directors, agents and its third party suppliers, licensors, and partners harmless from any and all claims, losses, damages, and liabilities, costs and expenses, including without limitation legal fees and expenses, arising out of or related to your use or misuse of the Services or of the Site, any violation by you of this Agreement, or any breach of the representations, warranties, and covenants made by you herein. ‘Wasel Gifts’ reserves the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify ‘Wasel Gifts’ , including rights to settle, and you agree to cooperate with ‘Wasel Gifts’  defence and settlement of these claims. ‘Wasel Gifts’ will use reasonable efforts to notify you of any claim, action, or proceeding brought by a third party that is subject to the foregoing indemnification upon becoming aware of it. This paragraph shall survive termination of this Agreement.

 

Disclaimer; No Warranties

To the fullest extent permissible pursuant to applicable law, ‘Wasel Gifts’ and its third-party partners, developers, licensors, and suppliers disclaim all warranties, statutory, express or implied, including, but not limited to, implied warranties of fitness for a particular purpose, and non-infringement of proprietary rights. No advice or information, whether oral or written, obtained by You from ‘Wasel Gifts’ or through the services or the site will create any warranty not expressly stated herein. You expressly acknowledge that as used in this section, the term includes ‘Wasel Gifts’ officers, directors, employees, developers, shareholders, agents, licensors, subcontractors and affiliated companies. You acknowledge that ‘Wasel Gifts’ is a facilitator and a medium provider of Credits purchased and transferred and is not liable for any third party obligations due to currency exchange or market rates, quality, and all other instances, or otherwise. You expressly agree that use of the Mobile App Services and the site is at your sole risk. It is your responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, services, and other information provided through the Mobile App or Site or on the Internet generally. We do not warrant that the Service will be uninterrupted or error-free or that defects in the Mobile App or Site will be corrected. The Services and the Site and any data, information, third party software, reference sites, services, or software made available in conjunction with or through the Services and the Site are provided on an “as is” and “as available,” “with all faults” basis and without warranties or representations of any kind either express or implied. ‘Wasel Gifts’, and its third party suppliers, licensors, developers and partners do not warrant that the data, ‘Wasel Gifts’ software, functions, or any other information offered on or through the services, the site or any reference sites will be uninterrupted, or free of errors, viruses or other harmful components and do not warrant that any of the foregoing will be corrected. ‘Wasel Gifts’ and its third party suppliers, developers, licensors, and partners do not warrant or make any representations regarding the use or the results of the use of the services, the site or any reference sites in terms of correctness, accuracy, reliability, or otherwise. You understand and agree that you use, access, download, or otherwise obtain information, materials, or data through the Mobile App services, the site or any reference sites at your own discretion and risk and that you will be solely responsible for any damage to your property (including your computer system and device) or loss of data that results from the download or use of such material or data. We do not authorise anyone to make any warranty on our behalf and you should not rely on any such statement. This paragraph shall survive termination of this agreement. In no event will ‘Wasel Gifts’ be liable for any incidental, consequential, or indirect damages (including, but not limited to, damages for loss of profits, business interruption, loss of programs or information, and the like) arising out of the use of or inability to use the site.

 

Ownership; Proprietary Rights

The Services (Mobile App and the site) and the Site are owned and operated by ‘Wasel Gifts’. The visual interfaces, graphics, design, compilation, information, computer code (including App source code and object code), products, software, services, and all other elements of the Services and the Site provided by ‘Wasel Gifts’ (the “Materials”) are protected by trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. As between you and ‘Wasel Gifts’, all Materials, trademarks, service marks, and trade names contained on the Mobile App and Site are the property of ‘Wasel Gifts’ and/or third party licensors or suppliers. You agree not to remove, obscure, or alter ‘Wasel Gifts’ or any third party’s copyright, patent, trademark, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through the Services. Except as expressly authorized by ‘Wasel Gifts’ , you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorised use of the Materials. ‘Wasel Gifts’ reserves all rights not expressly granted in this Agreement. If you have comments regarding the Services (Mobile app) and the Site or ideas on how to improve it, please contact customer service. Please note that by doing so, you hereby irrevocably assign to ‘Wasel Gifts’, and shall assign to ‘Wasel Gifts,’ all right, title and interest in and to all ideas and suggestions and any and all worldwide intellectual property rights associated therewith. You agree to perform such acts and execute such documents as may be reasonably necessary to perfect the foregoing rights.

 

Modification of this Agreement

‘Wasel Gifts’ reserves the right to change, modify, add, or remove portions of this Agreement (each, a “Change”) at any time by posting notification to the Mobile App or Site or otherwise communicating the notification to you. The changes will become effective, and shall be deemed accepted by you, 24 hours after the initial posting and shall apply immediately on a going-forward basis with respect to Credit purchasing or transfer payment transactions initiated after the posting date. If you do not agree with any such modification, your sole and exclusive remedy is to terminate your use of the Services. For certain changes, ‘Wasel Gifts’ may be required under applicable law to give you advance notice, and ‘Wasel Gifts’ will comply with such requirements.

 

 

 

Notice

‘Wasel Gifts’ may provide you with notices and communications by email, regular mail or postings on the Mobile App or Site or by any other reasonable means. Except as otherwise set forth herein, notice to ‘Wasel Gifts’ must be sent by courier or registered mail to MOUSSALLY Ltd, 1630 The Cube West, Wharfside Street, Birmingham, B1 1PP

 

Waiver

The failure of ‘Wasel Gifts’ to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. Any waiver of any provision of this Agreement will be effective only if in writing and signed by ‘Wasel Gifts’.

 

Arbitration

‘Wasel Gifts’ may elect to resolve any dispute, controversy or claim arising out of or relating to this Agreement or Service provided in connection with this Agreement by binding arbitration in accordance with the provisions of the UK Arbitration & Conciliation Act 1996. Any such dispute, controversy or claim shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in United Kingdom and judgment on the arbitration award may be entered in any court having jurisdiction thereof. Either You or We may seek any interim or preliminary relief from a court of competent jurisdiction in London, UK, necessary to protect the rights or the property of you or ‘Wasel Gifts’ (or its agents, suppliers, and subcontractors), pending the completion of arbitration. Any arbitration shall be confidential, and neither You nor We may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of the arbitration award. All administrative fees and expenses of arbitration will be divided equally between you and us. In all arbitrations, each party will bear the expense of its own lawyers and preparation. The language of arbitration shall be English.

 

Governing Law and Forum for Disputes

Except as otherwise agreed by the parties or as described in the Arbitration section above, you agree that any claim or dispute you may have against ‘Wasel Gifts’ must be resolved by a court located in UK. You agree to submit to the personal jurisdiction of the courts located within UK, for the purpose of litigating all such claims or disputes. This Agreement shall be governed by the laws of UK, without giving effect to any principles of conflicts of law.

 

 

 

Severability

If any provision of this Agreement is held to be unlawful, void, invalid or otherwise unenforceable, then that provision will be limited or eliminated from this Agreement to the minimum extent required, and the remaining provisions will remain valid and enforceable.

 

Assignment

This Agreement, and any rights granted hereunder, may not be transferred or assigned by you without our prior written consent which may be withheld in our sole discretion, but may be assigned by us without restriction. Any assignment attempted to be made in violation of this provision shall be void and of no effect.

 

Survival

Upon termination of this Agreement, any provision which, by its nature or express terms should survive, will survive such termination or expiration as applied to transfers and relationship prior to such termination or expiration.

 

Headings

The heading references herein are for convenience purposes only, do not constitute a part of these Terms and Conditions, and will not be deemed to limit or affect any of the provisions hereof.

 

Entire Agreement

This is the entire agreement between you and  ‘Wasel Gifts’  relating to the subject matter hereof and will not be modified except in writing, signed by both parties, or by a change to this Agreement made by ‘Wasel Gifts’  in accordance with the terms of this Agreement.

 

Wasel Gift Credit Wallet

The following Terms of Use (“Terms”) are a binding agreement between you and MOUSSALY Limited herein known as with the trading name as ‘Wasel Gifts’ by registering for or using the Mobile App or Site or the Platform/Network, you agree to be bound by these Terms. If you do not accept these Terms, please do not use the Mobile App or Site or the Mobile Platform. As ‘Wasel Gifts’ is a Mobile App Platform/Site network owned by MOUSSALLY Limited, all rights, benefits, liabilities and obligations under the following terms and conditions shall accrue to the benefit of ‘Wasel Gifts’ .

 

Documentation Check

In order to verify the Mobile App user credentials we may from time to time ask for additional documentation checks. The collection, verification, audit and maintenance of correct and updated Customer information is a continuous process and ‘Wasel Gifts’ reserves the right, at any time, to take steps necessary to ensure compliance with all relevant Mobile App or Site usage requirements. ‘Wasel Gifts’ reserves the right to discontinue services/ reject applications or registration for ‘Wasel Gifts’ Mobile app or Wallet at any time if there are discrepancies in information and/or documentation provided by you.

Any information provided to ‘Wasel Gifts’ with the intention of downloading the Mobile app and its ‘Wasel Gifts’ Wallet shall rest with ‘Wasel Gifts’ and may be used by ‘Wasel Gifts’, for any purpose consistent with any applicable law or regulation, at its discretion.

If the particulars of personal information provided by you during the registration process do not match with the details mentioned in the Enrolment Form or Registration Form, then ‘Wasel Gifts’ has the right to forfeit the balance amount in your wallet.

 

General Conditions of ‘Wasel Gifts’ Wallet

You will be issued with an App Account immediately after successful registration. Your account will be active subject to verification and approved by ‘Wasel Gifts’. ‘Wasel Gifts’ Wallet Services will ordinarily be activated straightaway.

You may purchase the credits and transfer the credits straightaway upon your ‘Wasel Gifts’ Mobile App account being activated by ‘Wasel Gifts’. The list of Merchant outlets and methods of purchasing and transferring credits is subject to change at the discretion of ‘Wasel Gifts’ without prior intimation to the Customer.

The withdrawal of credits in exchange of money from ‘Wasel Gifts’ is not allowed. Any outstanding credit in the Wallet must be utilised only to purchase goods or services from an authorised ‘Wasel Gifts’ Merchant or to make a Person-to-Person Transfer. ‘Wasel Gifts’ Wallets are available only to individuals who have attained the age of 18 years.

 

‘Wasel Gifts’ Wallet are not transferable.

There is no maximum monetary value in shape and form of Credits that can be stored at any point of time in a ‘Wasel Gifts’ Wallet. The maximum permitted value of Transactions at any point of time in ‘Wasel Gifts’ Wallet is at the sole discretion of ‘Wasel Gifts’. There is no maximum monetary value in shape of credits that can be stored and utilised in a month in a ‘Wasel Gifts’

’Wasel Gifts’ reserves the right to suspend/discontinue ‘Wasel Gifts’ Wallet Services to you at any time, for any cause, including, but not limited, to the following:

For any suspected violation of the rules, regulations, orders, directions, notifications 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 Enrolment Form provided by you;

To combat potential fraud, sabotage, wilful destruction, money laundering purposes, threat to national security, terrorism or supporting or abetting terrorism or for any other force majeure reasons, etc;

If the same is due to technical failure, modification, upgrade, 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 your ‘Wasel Gifts’ Wallet is related ceases to be operational or in your possession or control.

If ‘Wasel Gifts’ believes, in its reasonable opinion, that cessation/suspension is necessary.

The Credit value stored on your ‘Wasel Gifts’ Wallet shall NOT be refunded under ANY circumstances and may only be utilised to make transfers for transactions at Merchant establishments and Person-to-Person Transfers.  Please note ‘Wasel Gifts’ does not operate on Interest based activity or schemes.

You are permitted to maintain and operate only one ‘Wasel Gifts’ Wallet through one mobile phone app device. Any suspected non-conformity with this requirement will lead to suspension/ discontinuation of any/all Wallets associated with you by ‘Wasel Gifts.

 

Wallet Charges & Validity

You shall pay for any Service Charges prescribed by ‘Wasel Gifts’ in the form and manner prescribed for such payment. ‘Wasel Gifts’ may at its discretion, change, amend, increase, or reduce the Service Charges without prior intimation to the Customer. Upon purchasing the credits from ‘Wasel Gifts’ a certain percentage will be debited from your bank card as agreed while signing up for using the ‘Wasel Gifts’ Mobile App.

Any value in your ‘Wasel Gifts’ Wallet that is utilised towards making credit transfers for any Transaction to buy goods or services shall be automatically transferred to the Merchant’s account. ‘Wasel Gifts’ does not endorse, promote, champion or warrant any goods and/or services purchased illegally that might be bought/availed or proposed to be bought/availed using ‘Wasel Gifts’ Wallet unlawfully and without the ‘Wasel Gifts’ consent in writing.

‘Wasel Gifts’ reserves the right to levy charges/charge commission upon any Credits purchased and loaded upon your ‘Wasel Gifts’ Wallet or any amounts spent/utilised by you using ‘Wasel Gifts’ Wallet if ‘Wasel Gifts’ deems the whole Credit Purchase and Transfer as non-compatible or non-compliant with ‘Wasel Gifts’ credit purchase and transfer guidelines. ‘Wasel Gifts’ reserves the right to set off any balance in your Wallet in order to recover funds for transactions processed as per your request.