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By requesting for issuance of, or using an Emaar Gift Card (the “Card”) issued by us, you confirm and agree that you understand, accept and shall comply with these Terms and Conditions and the Fees and Limits section in the User Guide (together the “Agreement”), and you understand and agree that the issuance of the Card to you is subject to you being successfully identified by us in accordance with the policy and procedures notified to you at the time of issuance of the Card. The Card is non-transferable, and it may be cancelled, repossessed, or revoked at any time without prior notice subject to applicable law. 

1. DEFINITIONS AND INTERPRETATION

1.1. In these Terms and Conditions, the following terms shall have the following meanings:

“Additional Terms”  means the specific terms and conditions which apply to particular types of Cards (e.g. prepaid gift cards) as described herein and the User Guide for such Card.

“AED” means United Arab Emirates Dirham.

“ATM” means automated teller machine.

“Available Funds” means the available credit balance in the Card that is available for utilisation, as reduced by any transaction amounts which have been reserved, blocked, are pending or have otherwise not been processed or released.

“Base Currency” means the currency in which the Card is issued and billed and any Transaction performed by you in a currency not available on the Card will be converted into the Base Currency.  

“Card” means each prepaid card issued by us to you whether with or without your name being printed or embossed on the physical Card. We may offer different types of prepaid Cards which may be subject to Additional Terms and Conditions.

“Card Number” means the unique sixteen-digit number printed or embossed on the face or reverse of the Card.

“Card Services”  means any services provided by us, our third party service providers, or the Programme Manager, in connection with the Card, including call centre services.

“Charges”  means amounts (including any fees or charges) payable by you arising from usage of the Card under these Terms and Conditions and includes, without limitation all transactions fees, service charges, additional expenses, damages, legal costs and disbursements.

“Identification Checks” means checks carried out in order to obtain, verify and record information that identifies each person who purchases or loads funds on to a Card. We may ask you for your name, address, date of birth and other information, directly or indirectly that will allow us to reasonably identify you. We will ask to see your passport and/or other identifying documents where required. The activation of the Card is subject to successful verification of your identity by us.

“Issuer” means Noor Bank PJSC.

“Load” means to add money to the Card, and ‘Loaded’ and ‘Loading’ will be construed accordingly.

“Merchant” means any establishment, corporate entity, person or other virtual establishment, supplying goods and/or services, which accepts/honours the Card as a mode of payment.

“PIN” means a unique Personal Identification Number allocated to each Card.

“POS Terminal” means an electronic terminal available at Merchants whether local or international, capable of processing Transactions.

“Programme Manager” means the party appointed by us to provide Card Services including card sale and purchase, issuance and activation, card management, customer care, support to Service Locations and such other services as determined by us.

“Replacement Card” means a substitute Card which may be issued to you in the event of loss or theft of your Card.

“Service Location” means any participating branch or authorised distributor or a corporate entity’s touch point from which Cards can be purchased, issued or loaded. 

“Transaction” means transactions made by using the Card, whether with or without use of the PIN and regardless of whether any slip or other voucher was signed by you and includes the amount charged (or otherwise debited to the Card) by us or a Merchant for any goods, service or benefit (whether or not such service was utilised by you) obtained by the use of the Card, or the PIN or in any other manner.

“UAE”  means the United Arab Emirates.

“User Guide” means the user guide which applies to the Card issued to you that provides you with detailed information regarding managing your Card, topping up your funds, limits and fees and the applicable terms and conditions for your Card. A User Guide will be available to you at the time of Card activation on the website www.emaargiftcard.com and is subject to change from time to time. We will make the latest version of the User Guide available on the applicable website identified in the User Guide. 

“we”, “us”, “our” means Noor Bank PJSC or any of its branches, subsidiaries or its successors, assigns, the Programme Manager or agents (where the context permits).

Working Day” means any day of the week, excluding Fridays, Saturdays and statutory holidays in UAE.

“you”, “your” means the cardholder or the person to whom the Card is issued.

1.2. We may partner with third parties with respect to the issuance, management or distribution of Cards.  All references to ‘we’, ‘us’ or ‘our’ herein shall, where required, be construed to include the Programme Manager or agents appointed by us.

1.3. Any references to ‘Card’ also include any Replacement Cards.

2. THE CARD

2.1. The Card can only be sold to individuals over the age of 18 through the participating Service Locations.

2.2. The Card is a stored value card which allows you to access the Available Funds. The Card does not constitute a checking, savings or other bank account and is not connected in any way to any other account you may have with us.

2.3. The Card is not a debit card or credit card and you will not earn profit on any Available Funds on the Card.

2.4. The Card cannot be used to withdraw cash at ATMs or from banks, to carry out mail order, internet or other non-face-to-face transactions, as a guarantee of payment, or as an arrangement for periodic billing. There is no credit line associated with the prepaid gift Card and it cannot be re-loaded.

2.5. We may carry out Identification Checks before we issue a Card to you. We do this to combat fraud and money laundering and to assist us in identifying you in the event that your Card is lost or stolen. Identification is only retained for as long as is necessary for the purposes of administering the Card.

2.6. If you fail to provide us with the requested identification, or if at our sole discretion we are not satisfied with the evidence you have presented to us, we reserve the right not to issue a Card to you. Our decision shall be final and we shall not be obliged to provide a reason for refusing to issue a Card to you.

2.7. Your Card will be issued to you on the basis of the required information that you have provided, based on the type of Card issued and you agree to provide accurate personal information and to advise us of any changes as soon as possible so that our records remain correct. You should update any changes to your personal information by following the instructions in the User Guide or as we may notify you from time to time.

2.8. Activation of the Card will be affected in accordance with the steps outlined in the User Guide.

2.9. Your use of the Card for making any Transaction shall constitute an agreement by you to pay any and all fees, commission, and charges on such Transaction as prescribed by us from time to time. You confirm that you have read and agreed to the schedule of fees, commission and charges for usage of the Card for any Transaction. The Card is provided to you subject to our schedule of fees, charges and limits as amended and notified to you.

2.10. As the applicant you are responsible for all Cards issued to you under the Agreement and for any fees or charges that these Cards may incur.

2.11. We may at our sole discretion issue, restrict or withdraw any number of Cards that relate to you.

2.12. The Card is and will at all times, remain our property and must be returned to us immediately upon request.

3. USING THE CARD

3.1. You may only use the Card in accordance with the Agreement and we have the right to restrict the services and facilities provided pursuant to the issue and usage of the Card at our sole discretion and terms.

3.2. The Card may only be used for financial transactions within the United Arab Emirates via POS terminal.

3.3. The Available Funds will be reduced by the full amount of each Transaction plus any applicable Charges.

3.4. The Card may not be accepted at some Merchant locations which are not in compliance with either our internal policies or Shari’a requirements as determined at our sole discretion.

3.5. Merchants that accept the Card are required to seek authorisation from us or through any appointed payment processor for all Transactions that you make and we cannot stop a transaction once authorised. Some Merchants may not be able to authorise your Transaction if they cannot obtain an online authorisation from us. In certain circumstances, a transaction will be initiated but not fully completed. Where this happens, it may result in the value of the transaction being deducted from the Available Funds; we refer to this as a ‘Hanging Authorisation” or “Block”. In such cases, you will need to contact customer services in accordance with the User Guide. You will be asked to provide relevant evidence to show that the transaction in question has been cancelled or reversed. In the absence of sufficient evidence we retain the right to impose a waiting period of 5 (five) Working Days prior to the reinstatement of the blocked amount on to your Card.

3.6. There are circumstances, when using the Card at certain Merchants, where you may be required to have Available Funds greater than the value of the transaction you wish to make. This amount will be reserved to cover tips/gratuities, temporarily reducing the balance available on the Card. This is required as the Merchant may need to access more funds than you initially planned to spend, however, you will only be charged for the actual and final amount of the transaction you make.

3.7. The Card will cease to be valid twelve months from the date of purchase/issuance; this is referred to as the ‘expiry date’. For clarity, the phrase “Expires 1 Year From Purchase” is printed on the face of the Card. On the expiry date, the card will cease to function and you will not be entitled to use the Card unless you contact customer services to request that the Card be extended in accordance with the User Guide. If you do not contact Customer Services to request that the Card be extended, the Available Funds at the expiry date will be forfeited.

3.8. For a period of ninety days starting from the expiry date, you will be entitled to redeem the remaining balance of the Card at the time of expiry through financial transactions, subject to a re – activation fee and providing that we are satisfied that you are the rightful owner of the Card. We may ask you to provide evidence of ownership of the Card before the extension is granted. We may also require evidence of your identity.

3.9. Your Card’s expiry date will be printed on the recipient receipt which you received at the time of purchase.

3.10. If you have not redeemed the remaining balance of the Card within 90 days of the expiry date, you agree that you will have waived any such right of redemption or refund of the available balance.

3.11. You agree not use the Card in any manner that could damage, disable, overburden, or impair the Card.  You also agree not to use the Card for money transfers, accessing or purchasing goods from adult or gambling locations or internet sites, or for any non-sharia compliant or unlawful activity.

3.12. You must comply with all applicable laws and regulations (including any foreign exchange controls) in respect of the Card in the UAE. We reserve the right to suspend the Card, terminate the Agreement and exercise any other remedies available to us due to your failure to comply with any part of this provision. You agree that we have no obligation to monitor, review or evaluate the legality of your Transactions and that such actions shall be your sole responsibility. We are not liable for any prohibited use or misuse of the Card whatsoever.

3.13. The Card can only be used if it is in credit and you are solely responsible for ensuring that there are sufficient Available Funds for an intended Transaction.

3.14. We are entitled to set off any sum of money on the Card due from you to us against any positive balance on any other card held by you with us.

3.15. Any usage of the Card inconsistent or in contravention with the usage described in the Agreement is not permitted.

3.16. If you are entitled to a refund for goods or services purchased using the Card, or another credit for any other reason, such refund or credit will be made to the Card, in the applicable currency thereby increasing the Available Funds.

3.17. Our record of any Transaction shall be final and binding. You will not be provided with a printed statement, and can check your Available Funds following the process described in the User Guide.

3.18. You acknowledge that the available balance in the Card may be different from the balance amount as displayed through any channel, due to pending Transactions or other blocked amounts (being amounts transacted but not processed) relevant to the Card.

4. LOADING AND RE-LOADING

4.1. Additional funds can not be loaded on to the Card after initial issuance, except in a case where a Merchant refunds a transaction to the Card in question.

4.2. Unless stated otherwise the Loaded amounts will be credited to the Available Funds when the Issuer receives such amounts directly or indirectly through the permitted channels

4.3. You agree to present the Card and meet identification requirements as may be required from time to time to complete the Load.

4.4. The Card can be activated at the point of purchase/issuance or through the secure website, as mentioned in the User Guide and you will be required to register and activate the Card in accordance with the User Guide. The monies loaded on to the Card will normally be available for use one hour after activation. Loading of the Card shall be subject to such minimum and maximum values as we may specify from time to time.

4.5. The Service Location is authorised to withhold any Load, and will not release the funds in relation to such Load, if the Service Location has reasonable grounds to believe that such funds are from suspicious, illegal or illegitimate sources.  The Service Location will contact you for further information and such other necessary proof (to our satisfaction) on the source of such Loads. If we are not satisfied with such information or proof, we are authorised to surrender such amounts, without further notice to you, to the relevant law enforcement authorities for further investigation and/or legal action.

4.6. You give us irrevocable authorisation to recover any funds erroneously loaded to your Card. If an authorised load to your Card has an error or if you require additional information, you must contact us immediately through the channels provided in the User Guide or the Service Location.

5. KEEPING YOUR CARD AND PIN SECURE

5.1. A prepaid gift Card is a prepaid, stored value card and should be treated just like cash in a wallet or purse. If the prepaid gift Card is lost or stolen, you will lose any funds held on the prepaid gift Card just as if you lost your wallet or purse.

5.2. You must do all that you reasonably can to keep the Card safe and the PIN and other security details secret and safe at all times and not disclose them to any third party. Any misuse by a third party will be at your risk.

5.3. You must memorise the PIN and never disclose to any third party.

5.4. You must never; (i) allow anyone else to use the Card, PIN or other security details; (ii) write down the PIN or any other security information together with the Card; or (iii) give the PIN to anyone, authorised or unauthorised.

5.5. We will never ask you to reveal any PIN.

5.6. The PIN may be disabled if an incorrect PIN is entered three (3) times. If the PIN is disabled, please request PIN retrieval in accordance with the User Guide. There may be a twenty-four (24) hour delay in reactivating your PIN.

5.7. You must promptly notify us of any loss or theft of the Card or PIN. We will suspend the Card to prevent further use. If a lost Card is subsequently found, it must not be used unless we confirm it may be used. We will not be liable for any misuse of the Card arising out of the loss, theft or misuse of the Card or the PIN. We may issue you a Replacement Card in the event of loss or theft of your Card subject to you providing the necessary documents and information.  Issuance of a Replacement Card may be subject to a fee.

5.8. You will be required to confirm details of any loss, theft or misuse to us in writing and you must assist us, the police and any other official investigation authority in any enquiries.

5.9. We will be entitled to assume that a transaction was authorised by you where the correct PIN is entered at the point of sale or where relevant information is supplied to the retailer that allows them to process the transaction.

5.10. We may refuse to approve a Transaction and/or suspend the Card, with or without notice, if we think the Card has been or is likely to be misused or if you have breached the Agreement, including if we suspect any illegal use of the Card. If we do suspend the Card, we will inform you of our decision, unless such disclosure is prohibited by law or would otherwise compromise fraud prevention or security measures.

6. UNAUTHORISED TRANSACTIONS

6.1. You must notify us of any unauthorised transactions immediately and in any event within thirty (30) days of the transaction debit date. We will request that you provide additional written information concerning any such transaction and you must comply with such request.

6.2. You will be liable for all losses in respect of the Card if you have (i) acted fraudulently; (ii) failed to use the Card in accordance with the Agreement; (iii) have failed to notify us without undue delay on becoming aware of the loss, theft or misuse of the Card; or (iv) have failed to take all reasonable steps to keep the Card’s security features safe.

6.3. Where you are not liable for an unauthorised transaction, we will refund the value of that transaction and will have no further liability to you for any other losses you may suffer. If our investigations conclude that the transaction you have disputed has been authorised by you, or on your behalf, or you have acted fraudulently, we will not refund the value of the transaction and we may charge you an investigation administration fee by a debit against the Available Funds.

7. FEES AND LIMITS

7.1. Fees and limits apply to the Card, as indicated in the User Guide. The fees we charge are subject to change from time to time, in accordance with the Agreement. You will be notified of any change in the applicable fees through the website nominated in the User Guide.

7.2. You agree to pay and authorise us to debit the Available Funds for the fees set out in the User Guide. These fees may be debited from the Available Funds as soon as they are incurred.

7.3. Certain Merchants may charge an additional fee if the Card is used to purchase goods and/or services. The fee is determined and charged by the Merchant by including it in the Transaction amount and is not retained by us.

8. FOREIGN CURRENCY TRANSACTIONS

8.1. A foreign exchange rate will apply to POS Terminal transactions where the transaction is in a currency other than the Base Currency of the Card.

8.2. If a foreign exchange conversion takes place, the conversion will be undertaken according to the applicable currency conversion regulations and procedures.

8.3. Foreign exchange rates are subject to variation and the rate that applies one day will not necessarily be the same on any other day and may include a currency conversion fee.

8.4. Additional fees may also apply in respect of foreign exchange conversions.

9. REDEEMING UNSPENT FUNDS

9.1. We are not under any obligation to refund any Loaded amount to you if you do not utilise the Card after it has been Loaded.

9.2. Unless otherwise specifically stated in the User Guide, the Available Funds in the Card will not be refunded to you in any form whatsoever. The funds representing the Available Funds in the Card can be accessed by you only by performing a Transaction during the Card validity period.

9.3. If you have not redeemed the remaining balance of the Card within 90 days of the expiry date, you agree that you will have waived any such right of redemption or refund of the available balance.

10. ENDING THE AGREEMENT

10.1. The Agreement shall terminate on the expiry of the Card issued to you under the Agreement, unless expiry of the Card is extended in accordance with section 3.8, in which case the Agreement shall terminate at the end of the extension period.

10.2. We may ask for the return of the Card and end the Agreement, prior to the Termination Date, with or without notice, if you materially breach any of these Terms and Conditions.

10.3. Upon ending the Agreement in accordance with this clause 10, you will no longer be able to use the Card. Where applicable, the ending of the Agreement will not affect your right (if any) to redeem unspent funds in accordance with clause 9.

11. CHANGING THE TERMS

11.1. You are deemed to have read, understood and agreed to be bound by the Agreement. At any time, we may change, add, amend, supersede or supplement any or all of the provisions of the Agreement. Such amendments will be available on the website nominated in the User Guide and will be effective from the date of such change. Such changes are deemed to be binding on you whether or not you have received specific notice in person of such amendments.

11.2. We may amend the Agreement without notice, in order to comply with applicable laws and regulations.

12. PERSONAL DATA

12.1. We may contact you by telephone, letter, SMS or email at the contact details you provide us. You must let us know immediately if you change your name, address, phone number or email address.

12.2. By purchasing the Card and using it, you irrevocably authorise us to disclose and furnish to our authorised representatives, subsidiaries, associates, branches, assignees, agents or other connected parties (including the Programme Manager, our third party advisers and marketing partners) such information as we deem fit concerning you (“Personal Information”), including but not limited to, the Card governed by these Terms and Conditions.

12.3. Your Personal Information may be disclosed by us to third parties (including the Programme Manager and other third party providers), to enable us to provide the Card Services and for data analysis (including market research), anti-money laundering, detection of crime, legal compliance, enforcement and fraud prevention purposes and in general in compliance of any applicable laws and regulations.

12.4. Unless you expressly instruct us to the contrary we shall be at liberty to share the necessary information relating to you with our brand partners with whom we have entered formal agreements, for the purpose of cross selling and marketing of goods and services to you.

12.5. We shall have an unconditional right to disclose any Personal Information if such information is generally available to third parties, or is lawfully in our possession, or is sought by a court of competent authority, governmental body or regulatory authority (including the Central Bank of the UAE or any other country).

12.6. Your Personal Information may be processed outside of the country of purchase, but all service providers are required to have adequate safeguards in place to protect your Personal Information.

13. LIABILITY

13.1. The Card is issued entirely at your risk. We shall bear no liability whatsoever for any loss or damage arising from the issuance of the Card, howsoever caused. Use of the Card for any transaction shall be at your sole risk. By purchasing and using the Card you confirm assuming any and all financial risks incidental to or arising out of the Card’s usage with no further liability to us.

13.2. You agree to fully indemnify us and hold us harmless against any and all actions, proceedings, costs, losses or damages (including legal costs) we may suffer in connection with the usage of the Card or any misuse of the Card, PIN and/or other facilities provided to you in relation to the Card. This includes any liability arising from your failure to maintain safe custody of the Card at any time before the Card is cancelled.

13.3. You hereby agree to fully indemnify and hold us, our officers, employees or agents harmless against any liability, loss, charge, demand, proceedings, cost (including legal fees), or expense, which we may suffer, pay or incur as a result of us, our officers, employees or agents acting upon or delaying or refraining from acting upon instructions of you or purporting to be from you or which we believe have been issued by or for you or in any way in connection with the Card or the Agreement, or in enforcing these Terms and Conditions and in recovering any amounts due to us or incurred by us in any legal proceedings of any nature.

13.4. We will not be liable to you for: delays or mistakes resulting from any circumstances beyond our control, including, without limitation: (i) acts of governmental authorities, national emergencies, insurrection, war, or riots; (ii) the failure of Merchants to accept or honour the Card; (iii) the failure of Merchants to perform or provide services or goods; (iv) communication system failures; (v) interception of communications; or (vi) mechanical defects, failures or malfunctions attributable to your equipment, any internet service, or any payment system.

13.5. We are not responsible for ensuring that POS Terminals will accept the Card, or for the way in which a Merchant processes a transaction. We will not be liable to you for any non-acceptance of the Card, for disputes concerning the quality of goods or services purchased on the Card or any additional fees charged by the operators of these terminals.

13.6. Information sent over the internet may not be completely secure and the internet and the online systems are not controlled or owned by us. Therefore we cannot guarantee that they will function at all times and we accept no liability for unavailability or interruption, or for the interception or loss of any information or other data.

13.7. We will not be liable under any of the following circumstances:

(a) If, through no fault of ours, there are insufficient funds available on the Card to complete a Transaction;

(b) If the Card is not honoured, is declined, is damaged or is confiscated at any POS Terminal for any reason;

(c) If an electronic terminal where you are making a transaction does not operate properly;

(d) If a Load has been declined due to our discretion;

(e) If access to the Card has been blocked after you have reported the Card lost or stolen;

(f) If there is a hold or your funds are subject to legal process or other encumbrance restricting their use;

(g) If we (in our sole discretion) have reason to believe the requested Transaction is unauthorised;

(h) If circumstances beyond our control (such as fire, flood or computer or communication failure) prevent the completion of the transaction, despite reasonable precautions that we have taken;

(i) Any consequential damages, extraordinary damages, special or punitive damages; and

(j) Any other exception stated in these Terms and Conditions.

13.8. In the event that we are held liable to you, you will only be entitled to recover your actual damages. In no event shall you be entitled to recover any indirect, costs (including legal costs) consequential, exemplary or special damages (whether in contract, tort or otherwise), even if you have advised us of the possibility of such damages. This provision shall not be effective to the extent otherwise required by law. To the extent permitted by law, you agree that your recovery for any alleged negligence or misconduct by us or service agents shall be limited to the available balance on the Card.

14. DISCLAIMERS

14.1. We shall be absolved of any liability in case:

(a) you fail to avail the usage of the Card due to force majeure conditions including but not limited to not being in the required geographical range or any other reason including natural calamities; legal restraints or any technical lapses in the telecommunication network or any other reasons beyond our actual control. Also we are herein absolved of any kind of liability arising due to a loss; direct or indirect incurred by you or any other person due to any lapse in the facility owing to the above-mentioned reasons.

(b) there is any unauthorised use of the PIN, or for any fraudulent, duplicate or erroneous transaction instructions given by use of the PIN (unless confirmed by us to you that the Card is blocked or cancelled);

(c) there is loss of any information during processing or transmission or any unauthorised access by any other person or breach of confidentiality;

(d) there is any lapse or failure on the part of the service providers or any third party affecting the usage of the Card (and for this purpose, we make no warranty as to the quality of the service provided by any such provider);

(e) any loss or damage whether direct, indirect or consequential, including but not limited to loss of business, contracts, or goodwill, loss of use or value of any equipment including software, whether foreseeable or not, suffered by you or any person howsoever arising from or relating to any delay, interruption, suspension, resolution or error by us in receiving and processing the request and in formulating and returning responses or any failure, delay, interruption, suspension, restriction, or error in transmission of any information or message to and from your telecommunication equipment and the network of any service provider and our system or any breakdown, interruption, suspension or failure of your telecommunication equipment, our system or the network of any service provider and/or any third party who provides such services as is necessary to provide.

14.2. We shall not be involved in or in any way liable to you for any dispute between you and a cellular services provider or any third party service provider (whether appointed by us in that behalf or otherwise).

14.3. We shall not be held liable for any loss incurred by you due to use of the Card by any other person with your express or implied permission. We shall not be held responsible for the confidentiality, secrecy and security of the personal or account information being transmitted for affecting your instructions.

14.4. We shall not be held liable for any loss suffered by you due to disclosure of the personal information to a third party by us, for reasons inclusive but not limited to participation in any telecommunication or electronic clearing network, in compliance with a legal directive, for statistical analysis or for credit rating.

14.5. We will endeavour to make sure the Card continues to function, but its operation may be subject to interruptions and/or require periodic modifications and improvements; and to help reduce the risks, we may set from time to time revised limitations on the transaction size, Loading amounts and other features of the Card.

15. COMMUNICATION AND NOTICES

15.1. If you have any queries regarding the Card, please refer to the User Guide and/or the website nominated in the User Guide.

15.2. We can be contacted using the contact details provided in the User Guide.

15.3. We undertake to communicate with you in English regarding any aspect of the Card.

15.4. You agree that we may communicate with you by email or SMS or through the website nominated in the User Guide for issuing any notices or information about the Card and therefore it is important that you ensure that you keep your email address or mobile phone number updated and regularly check the applicable website.

15.5. We may record and shall keep a record of your application form, identification documents, request forms as well as any electronic, written or verbal communications for as long as we consider appropriate.

15.6. You agree that all the telephone calls between you and us may be tape recorded by us and that such recording may be submitted in evidence in any proceedings.

15.7. Save as otherwise provided in these Terms and Conditions, any demand or communication made by us under the Agreement will be in writing in English and/or Arabic and made at the address given by you (or such other address as you may notify us from time to time).

15.8. Any notice sent by either party under the Agreement by email shall be deemed given on the day the email is sent, unless the sending party received an electronic indication that the email was not delivered; and if by post, shall be deemed given ten (10) Working Days after the date of posting.

16. GENERAL PROVISIONS

16.1. In addition to any general right to set-off or other rights conferred by the law to us, you agree that we may in our absolute discretion at any time and without notice combine and consolidate all or any amounts in any Card of yours regardless of currency to set-off or transfer any amount in such Card in or towards discharge of all amounts due to us under any Card  whether in AED or any other currency and may do so notwithstanding that the balances on such Cards and the sums due may not be expressed in the same currency and you hereby authorise us to offset any such combination, consolidation, set-off or transfer with the necessary conversion at our prevailing exchange rates which shall be determined by us at our absolute discretion.

16.2. No forbearance, neglect or waiver by us in the exercise or enforcement of any right or remedy arising from this Agreement will prejudice our right thereafter to strictly enforce the same.

16.3. No waiver by us will be effective unless it is in writing.

16.4. If any provision in these Terms and Conditions is found to be unenforceable, invalid or illegal, such provision will be deemed to be deleted and the remainder of these Terms and Conditions will be unaffected by such unenforceability, invalidity or illegality.

16.5. We shall not be liable for our inability to pay due to restrictions on convertibility or transferability, requisitions, involuntary transfers, acts of war or civil strife or other similar causes beyond our control. In such event no other office, branch, subsidiary or affiliate of ours shall be responsible or liable to you.

16.6. We are entitled to record all communication and conversations (including telephone conversations) with you and/or any authorised representative of yours and messages and/or instructions sent to us whether by telephone, in person, voice, use of a touch-tone key pad, electronically or otherwise and transactions conducted by or through any such medium. Our record of all such communications, conversations, instructions, messages and transactions will be conclusive and binding on you for all purposes.

16.7. We may assign any of our rights and obligations under the Agreement, without your prior consent, to any third party, subject to such party continuing the obligations in the Agreement to you. You are not permitted to assign your rights and obligations under the Agreement to any third party.

17. LAW, JURISDICTION

17.1. The Agreement and any disputes, which arise under it, shall be governed by the laws of the Emirate of Dubai and applicable federal laws of the United Arab Emirates and is subject to the non-exclusive jurisdiction of the Dubai Courts.

 

Website Terms of Use

Last Modified: 5 June 2014

Acceptance of the Terms of Use

This website is owned and operated by Emaar Properties PJSC (which term includes all subsidiaries of Emaar Properties PJSC) (“Emaar” "Company", "we" or "us"). The following terms and conditions, the lease or sale and purchase agreement (“Property Agreement”) entered into with the Company or any of its affiliates pertaining to a commercial lease, unit or plot in an Emaar project in respect of which this website is used together with any documents they expressly incorporate by reference (collectively, these "Terms of Use"), govern your access to and use of www.emaar.com (the "Website"), including any content, functionality and services offered on or through the Website whether as a guest or a registered user

Please read the Terms of Use carefully before you start to use the Website. By using the Website or, where applicable, by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found at www.emaar.com, incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Website.

Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter.

Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

Accessing the Website and Account Security

We reserve the right to withdraw or amend the Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to any user, including registered users.

You are responsible for:

Making all arrangements necessary for you to have access to the Website.
Ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and comply with them.

To access the Website or some of the resources it offers including, without limitation, payment using credit cards or other forms of electronic payment, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information, including, without limitation, credit card information or information pertaining to other forms of electronic payments, you provide on the Website is correct, current and complete. You agree that all information you provide to register with this Website or otherwise, including but not limited to through the use of any interactive features on the Website, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. You may only have one account with this Website. If you received more than one username, password or activation code, please notify us immediately. Your use of more than one account will represent a breach of these Terms of Use.

We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.To insure secure online payment and all other transactions of personal data, the Website uses a technology called SSL (Secure Socket Layer). SSL encrypts all communications between your computer and our server so that the information can only be read and understood by us. Usually a closed lock on your browser window shows a secure connection. For further information, please consult your browser’s security specifications. If your browser is equipped with SSL your transaction will automatically be secured. The common standard in the Internet to signal a secure site is a closed lock at the bottom of the browser. As long as the lock is displayed closed your information is secure and encrypted to avoid abuse. If you click the secure transaction link and still cannot see the closed lock, the reason may be that the window is in nested in another frame.

Intellectual Property Rights

The Website and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by the Company, its licensors or other providers of such material and are protected by United Arab Emirates and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

These Terms of Use permit you to use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Website, except as follows:

Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
You may store files that are automatically cached by your Web browser for display enhancement purposes.
You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication or distribution.
If we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
If we provide social media features with certain content, you may take such actions as are enabled by such features.

You must not:

Modify copies of any materials from this site.
Republish any part of the Website on another website, in any other medium (print, electronic or otherwise) or as part of any commercial service.
Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.
Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this site.

No right, title or interest in or to the Website or any content on the site is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.

Trademarks

The Company’s names, brand names, the Company’s logos and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners.

Prohibited Uses

You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website:

In any way that violates any applicable federal, local or international law or regulation, including without limitation, any form of misuse of credit cards or other forms of electronic payments.
To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail", "chain letter" or "spam" or any other similar solicitation.
To impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing).
To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website or expose them to liability.

Additionally, you agree not to:

Use the Website in any manner that could disable, overburden, damage, or impair the Website or interfere with any other party's use of the Website, including their ability to engage in real time activities through the Website.
Use any robot, spider or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent.
Use any device, software or routine that interferes with the proper working of the Website.
Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website.
Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
Otherwise attempt to interfere with the proper working of the Website.

Reliance on Information Posted

The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.

Update of the Website

We may update the content on the Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.

Information About You and Your Visits to the Website

All information we collect on this Website is subject to our Privacy Policy. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

Online Purchases and Other Terms and Conditions

All purchases through our site or other transactions for the sale of services formed through the Website or as a result of visits made by you are governed by these Terms of Use and the Property Agreement.

Additional terms and conditions may also apply to specific portions, services or features of the Website. All such additional terms and conditions are hereby incorporated by this reference into these Terms of Use.

Any and all payments made through this Website are subject to these Terms of Use and the Property Agreement. Consequently, the Company is under no obligation to accept any payments not made in accordance with the these Terms of Use or the Property Agreement or made following termination of any of them and you hereby acknowledge and accept that any receipt of payment through this Website or otherwise shall not be deemed or construed as an acceptance of such payment or waiver of right to reject payment at a later date.

Description of Goods and Services: The Website can be used for payment of service fees, utilities and any other charges payable by you for management of the community, compliance with community rules or required by law and in compliance with the Property Agreement.

Currency for all transactions is AED unless stated otherwise.

It is your responsibility to ensure that payment is correctly and timely received by the Company. Accordingly, we accept no liability whatsoever in this respect, and we are under no obligation to notify you of any incorrect, rejected and / or declined payments. You shall also ensure that sufficient credit is available and in the event of a "declined" credit card payment, it is your responsibility to pay any additional fees and / or charges levied by either a nominated financial institution or the Company and you shall remain responsible to pay any due amounts. Without prejudice to the foregoing, you shall notify us immediately in the event of any failed transaction or if you face or encounter any technical problems associated with the Website or its use.

If any transaction is found to be incorrect, unauthorized or fraudulent, payment may be reversed and payments shall remain due. Payment transactions will be processed on the day the transaction is submitted for payment, unless the transaction is submitted on a weekend or non-working weekday where payment will be processed the next working weekday. Upon receiving the funds into our bank account, we shall accordingly issue a proper receipt acknowledging the same. All transactions will be processed without delay, however the Company expressly disclaims any and all liability for processing delays, which may occur in any circumstance. Payment is not accepted (not deemed made) until the funds have been cleared.

Refunds of any payments (if any) made through the Website are subject to the terms and conditions of the Property Agreement. Any duplicate or excess payments received will be adjusted against future/subsequent invoices.

It is your responsibility to maintain document evidencing payment though the Website.

Any service or maintenance requests made through this Website shall be subject to the Property Agreement.

Linking to the Website and Social Media Features

You may link to any page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part.

This Website may provide certain social media features that enable you to:

Link from your own or certain third-party websites to certain content on this Website.
Send e-mails or other communications with certain content, or links to certain content, on this Website.
Cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party websites.

You may use these features solely as they are provided by us, solely with respect to the content they are displayed with and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:

Establish a link from any website that is not owned by you.
Otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of these Terms of Use.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.

We may disable all or any social media features and any links at any time without notice in our discretion.

Links from the Website

If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

Geographic Restrictions

The owner of the Website is based in the United Arab Emirates. We make no claims that the Website or any of its content is accessible or appropriate outside of the United Arab Emirates. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United Arab Emirates, you do so on your own initiative and are responsible for compliance with local laws.

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Website for any reconstruction of any lost data.

WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OFNON-INFRINGEMENT.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation of Liablity

IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

You agree to defend, indemnify and hold harmless the Company, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your use of the Website and,  any use of the Website's content, services and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Website.

Governing Law and Jurisdiction

All matters relating to the Website and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the laws in force in the Emirate of Dubai, United Arab Emirates without giving effect to any choice or conflict of law provision or rule (whether of the United Arab Emirates or any other jurisdiction).

Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the courts of Dubai, United Arab Emirates although we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Use in your place or country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Waiver and Severability

No waiver of by the Company of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Entire Agreement

The Terms of Use, our Privacy Policy and the Property Agreement constitute the sole and entire agreement between you and the Company with respect to the Website and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website.

Your Comments and Concerns

This website is operated and owned by the Company.

In respect of requests for technical support and other communications relating to the Website, you can contact us by using our website contact form, or by emailing us at customerinfo@emaar.ae.

For feedback or suggestions, please contact us through the We Care form on the Website.

You understand and accept that by using this Website in updating, changing or altering your personal information, address(es) or contact details, you are accepting that the Company or any of its affiliates may, at their discretion, use such information as an alternative information to send legal notices under these Terms of Use or the Property Agreement. It is your obligation to immediately inform the Company of any changes to such information.