MALENA APP PORTAL LLC TERMS OF PAYMENT

  1. INTRODUCTION

These Terms of Payment (hereinafter “Terms”) govern the manner in which Malena App Portal LLC, a limited liability company holding trade license no. 1395568   (hereinafter “we”, “us”, “our” or the “Company”) will collect payment from individuals who choose to access and/or use the website and mobile application, located at  https://malenaapp.com/ and https://play.google.com/store/apps/details?id=com.malenaapp https://itunes.apple.com/app/id1370878283?mt=8

, and its associated content, software and platform (collectively the “Platforms“).

  • Individuals who choose to access and use the Platforms (hereinafter “you” or “User(s)”) consent to the payment collection practices described in these Terms. Users are hence advised to review these Terms prior to use of our Platforms. If a User does not wish to consent to our Terms, we reserve the right to refuse to that User access to the Platforms.

Individuals who choose to access and use the Platforms further consent to the data practices described in our Privacy Policy  https://malenaapp.com/privacy-policy/ as well as our Terms and Conditions https://malenaapp.com/terms-conditions/

  • Users shall use the Platforms to browse available Promotions including, without limitation gift cards, vouchers or discounts and earn loyalty reward points offered by the Company. Users shall further use the Platforms to book MSP Services. Hereinafter, Promotions and MSP Services shall collectively be referred to as the “Services”.
  • All definitions, capitalized terms and interpretations used in our Terms and Conditions and Privacy Policy have been adopted in these Terms.
  • In these Terms, “Payment Gateway(s)” refers to any online service that authorizes electronic payments made by Users to the Company for the Services using payment methods including, without limitation credit card payments and bank-based payments such as direct debit. By accepting these Terms, the User expressly agrees that the use of any Payment Gateway on the Platforms is entirely at own risk and responsibility of the User.
  • We reserve the right to amend these Terms at any time without notice and the User’s continued use of the Platforms following the amendments represents the Users’ agreement to be bound by the Terms as amended. It is hence the responsibility of each User to review these Terms regularly while using the Platforms.
  • The Payment Gateway may permit you to link to or access direct connections to third party websites (hereinafter “External Sites”). We do not investigate, review, endorse, represent or control the content of any of External Sites, unless otherwise expressly stated in these Terms. We shall not be held responsible or assume any liability towards the content displayed on External Sites. You further acknowledge that we are not liable to you for any loss or damage, financial or otherwise, suffered in connection with your usage of these External Sites.
  1. BANK DETAILS
    • The Platforms may offer you the ability to store your card number, card expiry date and other such similar information (hereinafter “Card Details“) for any credit card payment, debit card payment or otherwise that the Payment Gateway can authorise (hereinafter “Eligible Card(s)”).
    • You acknowledge that the Card Details stored in your account on the Platforms may contain personal financial information.
    • You further acknowledge that you are responsible for the completeness and accuracy of any such Card Details as well as any other Personal Information you may store in your account or provide through the use of the Payment Gateway.
    • You understand that the Company is not responsible for the accuracy of the Card Details you provide including, without limitation whether your Card Details are current and up-to-date.
    • You agree that you shall not use any debit card, credit card or otherwise that you do not lawfully own or that you are not authorized to use by the lawful owner thereof.
    • You acknowledge that any transaction paid for on the Platforms will be paid using the Eligible Card you have selected.
    • You agree that the Company can transmit information to the applicable Payment Gateway about your Eligible Card, as well as any Personal Information required under applicable law to be disclosed by the Company for the purpose of processing any transaction made on the Platforms.
  1. ACCOUNT SECURITY
    • Pursuant to Clause 3, you acknowledge and agree that the Company will have no liability associated with or arising from your failure to maintain accurate Card Details and Personal Information.
    • If the Company has reasonable grounds to suspect that any information you provided is untrue, inaccurate or incomplete, the Company may suspend or terminate your account on the Platforms and refuse any and all current or future use of the Platforms (or any portion thereof).
    • As part of your account registration on the Platforms, you will be required to establish a username and password. These pieces of data are used by the Payment Gateway to authenticate you. You are responsible for the confidentiality of your username and password(s). For your protection, you should refrain from recording your username and password onto your computer, mobile phone or any other device of a similar nature.
    • You acknowledge that, in the event you link your account with a digital wallet on one or more device(s), you are responsible for protecting the safety of and access to any such device(s). The Company is not responsible for any losses you incur as a result of the unauthorised use of your account.
    • You agree to notify the Company immediately of any unauthorised use of your username or password, or if the device on which you have linked a digital wallet to your account has been lost, stolen or otherwise suffered unauthorised access or any other actual or potential security breach relating to your account. The Company reserves the right to require you to change your account password if the Company believes your account is no longer secure.
    • You are responsible for the use of your account and for ensuring that use of or access to your account fully complies with these Terms.
  1. ELIGIBILITY
    • The User acknowledges and understands that not all Eligible Cards can be processed by the Payment Gateway. The Company may, at its sole discretion, remove Eligible Cards from your account or prevent Eligible Cards from being enrolled on your account. The Company may also, at any time, revise the eligibility of any credit card, debit card or any other payment methods that constitutes Eligible Cards.
    • The User understands that Fees can only be paid on the Platforms by Users who are:
  2. at least eighteen (18) years of age;
  3. able to access the internet on a computer, mobile phone or any other device of a similar nature;
  • the cardholder or authorised user of one of more Eligible Cards; and
  1. in good standing with respect to their Eligible Card accounts.

 

  1. FEES
    • The Payment Gateway provider is not a party to the transaction and the purchase of Services from the Company in connection with your use of the Platforms is solely between you and the Company.
    • The Payment Gateway provider is not authorised to issue refunds or reverse any transaction made on the Platforms by Users in exchange for Services. If you require any such refund or reversal, you must contact (a) the Company, or (b) the financial institution responsible for issuing the Eligible Card used to complete the transaction (hereinafter “Issuer”).
    • Such refund (if any) shall be affected by the Company by any other means the Company deems appropriate.
    • Any transaction that you make using the Payment Gateway will be reflected in the account which relates to the Eligible Card you employ for the transaction. Payment of that account is solely a matter between you and the Issuer of the Eligible Card.
    • The User is responsible to ensure sufficient credit is available on the Eligible Card at the time of making the payment to permit the payment of any fees payable to the Company (hereinafter “Fees”).
    • You are solely responsible for acquiring any hardware, device, software, wireless and internet access, or any other items required for you to use or access the Platforms and/or Payment Gateway. Users acknowledge that they are solely responsible for ensuring that they do not levy any additional service, loyalty, convenience, finance, foreign exchange or other charges and fees in exchange for using credit cards or debit cards to complete transactions on or through the Platforms. The Company is not liable for any excess charges imposed by banks or any other such financial institutions.
    • These Terms do not amend or otherwise modify any agreement with your Issuer in respect of an Eligible Card (hereinafter “Cardholder Agreement“).
    • In the event of any inconsistency between these Terms and your Cardholder Agreement, these Terms will prevail solely with respect to transactions made on the Platforms using the Payment Gateway. Your Cardholder Agreement with continue to govern the relationship between you and your Issuer. You are responsible for ensuring that your use of the Payment Gateway complies with any Cardholder Agreement.
  1. USERS’ REPRESENTATIONS
    • The Company grants to you a limited, revocable, non-exclusive, non-sublicensable and otherwise non-transferable licence to use the Payment Gateway in accordance with these Terms for so long as you have an account on the Platforms. The Company may, at its sole discretion, suspend, discontinue or terminate this licence at any time, for any reason. All rights not expressly granted to you are reserved by the Company, its affiliates or their licensors.
    • You warrant that any feedback or suggestion you may submit to the Company pertaining to the Platforms, the Services and/or the Payment Gateway can be used by the Company, at its sole discretion, without any obligation to you.
    • You agree that you will comply with all applicable laws, regulations and other legal requirements that relate to your use of the Platforms and the Payment Gateway.
    • You further agree to the following:
  2. not to use the Platforms and/or Payment Gateway in breach of these Terms;
  3. not to disrupt or interfere with the security or operation of, or otherwise abuse the Platforms, or any part of thereof;
  • not to attempt to obtain unauthorised access to the Platforms and/or Payment Gateway or portions thereof;
  1. not to reproduce the Platforms and/or Payment Gateway in any form, or store or incorporate the Platforms and/or Payment Gateway into any information retrieval system electronic, mechanical or otherwise;
  2. not to copy, emulate, clone, rent, lease, sell, commercially exploit, modify, decompile, disassemble, distribute, reverse engineer or transfer the Platforms and/or Payment Gateway or any portions thereof;
  3. not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Platforms and take any action that imposes an unreasonable or disproportionately large burden on the Payment Gateway, as determined by the Company in its sole discretion; and
  • to comply with any other requirements, restrictions or limitations reasonably imposed by the Company or by your Issuer.
  1. DISCLAIMER
    • The Platforms and the Payment Gateway are provided on an “as is” basis, without warranty of any kind, either express or implied. Without limiting the foregoing, we expressly disclaim any warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, quiet enjoyment or non-infringement, and any warranties arising out of course of dealing or usage of trade.
    • We make no warranty that the Platforms or the Payment Gateway will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We do not guarantee that the Payment Gateway is virus-free or that Personal Information and Card Details will not be lost, stolen, damages or otherwise. You expressly acknowledge that you are solely responsibility for your use of the Payment Gateway and any results and performance thereof.
    • For information about the Company’s privacy practices in connection with the manner in which your data is stored, managed, protected, shared or otherwise, please read the Company’s privacy policy (hereinafter “Privacy Policy”) as made available on the Platforms. By creating an account on the Platforms or authorising the payment of Fees on the Payment Gateway, you have indicated that you agree to the terms of the Privacy Policy.

 

  1. WARRANTY
    • We will exercise reasonable care to prevent unauthorized transmissions of your Personal Information over the internet. We do not warrant or represent that your use of the Platforms will not result in the theft and/or unauthorized use of any Personal Information you may disclose.
    • We do not warrant or represent that the Payment Gateway, in whole or in part, will remain accessible and available for use.
    • We reserve the right to remove all or any part of the Payment Gateway, at our sole discretion, without any notice or explanation. As a result of any discontinuance, modification, or otherwise, Users shall not be entitled to any form of compensation or other payment upon any such removal of the Payment Gateway.
    • We hereby exclude any and all other representations and warranties relating to the subject matter of these Terms, the Payment Gateway and use of the Payment Gateway in any manner other that expressly stated herein.
  1. LIMITATION OF LIABILITY
    • The User understands that the Company will not be liable in the event any Personal Information transmitted over the internet including, without limitation Card Details are stolen or otherwise compromised. The User acknowledges that any such Personal Information may susceptible to misuse, hacking, theft and/ or fraud.
    • The Company and any affiliates and associates of the Company shall not be liable, at any time, for any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communications line failure, theft or destruction or unauthorized access to, alteration of, or use of information contained on the Platforms.
    • In the event the Platforms or Payment Gateway are experiencing server-related issues including, without limitation slowdown, failure or session timeout, you understand that you are required to check whether the bank account linked to your Eligible Card has been debited before attempting to pay the Fees a second time. Under no circumstances will the Company be responsible for any losses, financial or otherwise, that you may suffer as a result of any such duplicate transactions.
    • In no event shall the owners, directors, employees, agents, or licensors of the Company be held liable for any loss or damages of any kind including, without limitation, lost business, personal injury, inaccurate information, or any other loss incurred in connection with the Users use, misuse, or reliance upon the Platforms or the Payment Gateway, or their inability to use the Platforms or the Payment Gateway, regardless of the cause and whether arising in contract, tort (including negligence), breach of statutory duty or otherwise.
    • Without limiting the generality of the foregoing, the Company shall not be liable to you or any third party for:
  2. your use of or inability to use the Payment Gateway for any reason, including refusal of your Issuer to authorise a transaction;
  3. any inaccuracy, incompleteness or misinformation contained in any information provided by you to the Company through the Platforms and/or the Payment Gateway;
  • unauthorised access to, or alteration or loss of your transmissions, data or other Personal Information that is collected, stored or sent in connection with the payment of Fees on the Platforms;
  1. errors, system down time, network or system outages, file corruption or service interruptions; or
  2. any failure to perform any obligations contained in these Terms directly or indirectly due to the failure of any equipment, difficulty with transmission or delivery problems.
    • We shall not be held responsible for the quality, accuracy or legitimacy of any information provided to Users through the Platforms and/or Payment Gateway. You hereby acknowledge and agree that your acceptance of information provided to the Company is of your own choice and we shall not be held liable for any loss or damage resulting from your reliance on any information made available to you on the Platforms.
  1. TERMINATION AND MODIFICATION
    • The Company may, in its sole discretion, terminate, change, modify, suspend, make improvements to or discontinue any or all aspects of the Payment Gateway, temporarily or permanently, including the availability of any portion of Payment Gateway at any time with or without notice to you.
    • You agree that the Company shall not be liable to you or to any third party as a result of taking any actions in accordance with Clause 1. Your continued use of the Platforms after any changes, modifications or improvements have been made to any or all aspects of the Payment Gateway will be construed to be your acceptance of such changes, modifications or improvements, and the applicability of these Terms to the Payment Gateway with any such changes, modifications or improvements.
    • Users agree that we may, under certain circumstances and without prior notice, discontinue, temporarily or permanently, your access to the Platforms and/or Payment Gateway, with or without notice, for any of the following reasons (which are not intended to be exclusive):
  1. breaches or violations of these Terms or other incorporated agreements or guidelines entered into with the Company;
  2. requests by law enforcement or other government agencies;
  • technical or security issues or problems; and/or
  1. your engagement in fraudulent or illegal activities.
  • The User acknowledges that the Company shall not be liable to you for any suspension, discontinuance, termination, change or modification of your access to the Payment Gateway. Upon termination,
  • Users agree that all terminations for cause shall be made at our sole discretion, and we shall not be liable to you or any third party for any termination of your account or access to the Platforms and/or Payment Gateway.
  1. INDEMNITY

Users agree to defend, indemnify, and hold each of us and our respective officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your access to or use of the Platforms and the Payment Gateway, or your violation of these Terms.

  1. SEVERABILITY

If any court or competent legal authority decides that any of the provisions or paragraphs of these Terms are invalid, unlawful or unenforceable to any extent, the term will, to that extent only, be severed from the remaining Terms, which will continue to be valid to the fullest extent permitted by applicable law.

  1. WAIVER
    • If we fail to insist upon strict performance of any of the Users obligations under these Terms, or if we fail to exercise any of the rights or remedies to which we are entitled under these Terms, this will not constitute a waiver of such rights or remedies and will not relieve Users from compliance with such obligations.
    • Waiver by us of any particular default(s) will not constitute a waiver of any subsequent default(s).
  1. THIRD PARTY RIGHTS

This contract is between the Users and us. No other party shall have any right to enforce any of its Terms, unless expressly stated in these Terms, or authorised in writing by the Company.

  1. COMMUNICATION

If Users wish to contact us in writing, or if any Clause in these Terms requires a notice in writing, they may send us an e-mail at info@malena.ae We will confirm receipt of any e-mail by responding to the User in writing by info@malena.ae

  1. FORCE MAJEURE

We will not be responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by events outside our reasonable control including (without limitation) Acts of God, internet failure, malfunction of data/database/software or otherwise, fire, flood, severe weather, explosion, war, act of terrorism, industrial dispute (whether or not involving the Company’s employees) or acts of local or central government or other competent authorities.

  1. GOVERNING LAW AND JURISDICTION 
    • These Terms shall be governed by, and construed in accordance with, the laws of the Dubai International Financial Centre (hereinafter “DIFC”).
    • The Parties irrevocably agree that the DIFC Courts shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with these Terms or its subject matter or formation (including non-contractual disputes or claims).