TERMS AND CONDITIONS FOR THE USE OF THE WEBSITE www.mywishlist.ae
Use of this website, www.mywishlist.ae is governed by these Terms and Conditions.
By ticking the box next to the text "I have read and agreed to the Company's Terms and Conditions" on the registration page' you ("User") are accepting and agreeing to comply with these Conditions.
Access To This Website
- Defined terms are identified throughout the Conditions by the capitalisation of the initial letter of a word or phrase. Where capitalisation of the initial letter is not used, an expression has its natural meaning.
- The following defined terms have the meaning given below:
|"Company" ||means My Wish List FZ LLC a company incorporated in Fujairah, UAE holding license No. 4165/2013 FLC2; |
|"Conditions" ||means this Terms and Conditions; |
|Contract ||means the Conditions agreed by the User; |
|"Customer" ||means the User who creates the Gift Registry and beneficiary of vouchers; |
|"Guest" ||Means the user who places an order for the Gift listed in the Gift Registry to be sent to the Customer by way of a Voucher upon making the payment; |
|"Gift" ||means goods or services selected by the Customer; |
|Gift Registry ||means a list of gifts identified by the customer in the Website; |
|"Retailer" ||means partner stores of the Company; |
|"User" ||means the Customer and/or Guest and/or any person using the Website; |
|"Vouchers" ||Means the voucher issued by My Wish List FZ-LLC |
|"Website" ||means the website registered under the domain name www.mywishlist.ae |
Access To This Website
- The Website is owned and operated by the Company.
- Access to and use of this Website is conditional upon your agreement to comply with these Conditions.
- The Company has the right to terminate or suspend this Website or restrict access to this Website to individual users at any time without notice.
- When the User register on this Website, the User will be given a password. You must not disclose this password to any other person and must keep it private and confidential.
- Subject to the Conditions, the Company shall create an online gift registry ("Gift Registry") for the Customer. The Customer can manage their Gift Registry online using their login password including the adding/ removing gifts, adjusting quantities and closing/finalizing their gift registry. The Customer can view guest purchases made and receive email alerts on "guest purchase".
- Process with Partner Store purchases - The customer creates the registry. Upon activation selects the products and services listed from the Partner stores. The list is shared with their guests who donate the funds towards the gifts or registry over all.
- The guest will access the gift registry and select the gift of their choice. This will take them to the payment gateway whereby they have to provide their credit card details. Once the payment is confirmed, the clients account gets credited with the equivalent funds. Upon request from the customer, MyWishList would then issue the gift voucher of the equivalent amount of the respective Partner stores and then debit the clients account with that much amount.
- All orders placed by the Customer for Vouchers ("Orders") shall be deemed to be an offer and shall only be deemed accepted by the Company upon the earlier of the issue of a written acceptance of order by the Company or delivery of Vouchers.
- Unless otherwise agreed the Company may modify the specification of Vouchers. The Condition is not a contract for sale of goods by description. All and any descriptive matter, specifications and advertising issued by the Company will not form part of a contract and are solely aimed at giving an approximate idea of the Vouchers described in them. In particular to the retail partners, but without limit of the number of retailers who are prepared to accept the Vouchers as payment for goods and/or services, may from time to time vary and this is specifically communicated on the website and acknowledged and accepted by the Customer.
- Any Order accepted by the Company may only be cancelled or varied by the Customer with the prior written consent of the Company and on terms that the Customer shall indemnify The Company in full against all losses (including loss of profit), costs, damages, charges and expenses incurred (directly or indirectly) by The Company as a result of such cancellation or variation.
Purchase Process in Partner Stores
- The customer goes to the respective Partner store as mentioned on the Gift Voucher and selects the goods or services they wish to purchase using the MyWishList voucher. The stores will accept only the original voucher copy along with photo identification (such as Emirates ID, Driver's License, etc).
Purchase Process in Non-Partner Stores
- The goods purchased from the non-partner stores will be converted into the Prepaid Visa Card and delivered to the customer with a service charge of 4.5% of the total amount.
Purchase in CashList Registry
- The amount contributed towards a cash registry will be converted into the Prepaid Visa Card and delivered to the customer with a service charge of 4.5% of the total amount.
- Prices shall be as set out on the Website and within the acknowledgement issued by the Company. All payments must be made in UAE Dirhams.
- The Company shall not be liable if an exchange rate provided by User's bank or credit card issuer differs from the time of order to the time of cancellation.
- Guest shall pay the gift price at the same time as placing an Order.
- Payment shall only be deemed received by the Company from the Guest upon receipt by The Company of cleared funds. Payment shall be made in full without any deduction, set off or abatement on any grounds. The Company may appropriate any payment made by the Guest to any outstanding invoice.
- Payment may be made using Visa card, MasterCard, PayPal or Pay at Home into the Company's bank account, the details of which will be provided after checkout.
- Credit card transactions will be acquired for the User via approved payment gateways. The payment gateways use the strictest form of encryption, namely Secure Socket Layer 3 (SSL3) and no credit card details are stored on the Website.
Cancellations and refunds
- In order to cancel any transaction online, the guest is required to contact the MyWishList team.
- All the refunds of any transaction amount against any purchase through this website would be refunded to the original mode of payment.
Delivery and Non-Delivery
- Vouchers will be delivered in accordance with the option chosen on the Website. Delivery times are given in good faith but are an estimate only. Time of delivery of Vouchers is not of the essence. The Company shall not be liable for any loss (including loss of profit), costs, damages, charges or expenses caused directly or indirectly by failure (for any reason) to meet the delivery time/date stated/agreed (even if caused by The Company's own negligence).
- Upon delivery to the Customer all Vouchers should be immediately examined. The Company shall not be liable for any shortages in Vouchers unless the same is notified by the Customer to the Company within 5 working days of delivery. Subject to such notice being duly given, The Company shall if it is satisfied that any Vouchers have not been delivered at its sole discretion, arrange for delivery of such Vouchers or give credit to the Customer for the same (as soon as practicable).
- Website www.mywishlist.ae will NOT deal or provide any services or products to any OFAC sanctions countries.
- The Vouchers are non refundable, not redeemable for cash, sold or transferred to the third person.
- The Vouchers can only be redeemed in Retailer as indicated in the Vouchers. The use of any product bought from the Retailer is at the Customer's risk. The Customer/User indemnifies and holds the Company harmless against any loss, injury or damages which may be sustained as a result of using the products.
- The Vouchers shall be as described in the acknowledgement of order issued by the Company. These Conditions, except where they are varied by the Company in writing, are the only conditions upon which The Company supplies Vouchers. If the value of an item the Customer wish to purchase is less than the value of the Voucher, the Retailer will not refund the difference.
- MyWishList vouchers are valid until the following three options: (a) one year from the date of issue of the voucher (b) validity specified by the partner store in certain cases which may be only for 6 months in certain cases (c) the expiry of the agreement between MyWishList and Partner store.
- Voucher Value - The MyWishList voucher shall be redeemed in the Partner store in full value. No change will be refunded by the Partner Store.
Goods & Services
- The goods and services are sold by the Partner Store to the user and not MyWishList.
- The Goods and services are subject to availability in the Partner store. MyWishList does not take the responsibility of the prices in the store at the time of the purchase.
- MyWishList is not committed to the prices and descriptions of the products and services of the Partner stores on the website.
Risk and Title
- Risk of damage to or loss of the Vouchers shall pass to the Customer upon delivery and will not be replaced if lost, stolen, destroyed or used without permission. The Gift Vouchers cannot be resold to- or exchanged with a third party.
- Title to the Vouchers (both legal and equitable) shall remain with the Company until full payment with cleared funds of all monies due from the Guest to the Company.
- An expiry date is printed on the Voucher. The Voucher cannot be used after that date. The value of the Voucher will be lost when it expires. The will not refund any amount paid for the Voucher when it expires. The Company will not replace any expired Vouchers.
- The Company shall not be liable to the Customer in contract, tort or otherwise howsoever and whatever the cause thereof for any: (i) economic loss of any kind whatsoever; (ii) loss of profit, business contracts, revenues or anticipated savings; (iii) damage to the Customer's and/or Guest's reputation or goodwill; (iv) loss resulting from any claim made by any third party, or (v) special, indirect or consequential loss or damage of any nature whatsoever in relation to the use of the Website.
- The Company's liability in contract or otherwise arising by reason of or in connection with the Conditions shall be strictly limited to the value of the Voucher purchased by the Guest.
- In the event that the Company is prevented or delayed in or from carrying out any of its obligations under the Conditions as a result of any cause beyond its control such as but not limited to: acts of God; governmental intervention or restriction, import or export regulations; war; riots; strikes or trade disputes (including by and with the Company's own employees); power failure; accidents; inadequate performance of, failure of computer systems; fire; flood; default of suppliers or sub-contractors, or breakdown of plant, machinery or vehicles then the Company shall be relieved of its obligations and liabilities under the contract for as along as such fulfilment is prevented and if the delay is more than 3 months either party can terminate.
Intellectual Property Rights and Confidentiality
- The Company shall have the right to apply any trademarks, trade names and/or service marks to the Vouchers. The Customer acknowledges that no rights are granted to the Customer to use such trademarks, trade names and/or service marks unless otherwise agreed in writing with The Company. The Customer shall not deface, remove or obliterate any trademarks, trade names or logos applied by the Company on or in relation to the Vouchers.
- The Customer shall keep confidential and not use, without the prior written consent of the Company, all or any information supplied by the Company to the Customer or disclosed to or obtained by the Customer pursuant to or as a result of the Contract, and shall not divulge the same to any third party except to the extent that any such information is or becomes public through no fault of the Customer, or disclosure of the same is required by law or by any other governmental or other regulatory body.
- All rights in this Website and the content on this Website including copyright, design rights, patents, inventions, know-how, database rights, trade marks, source codes and any other intellectual property rights in any of the foregoing are reserved to the Company and/or their content and technology providers.
- The User may not remove, change or obscure the Company logo or any notices of proprietary rights on any content of this Website.
- The Company cannot guarantee that the content and the provision of the content of this Website will always be correct or fault, error and virus free. The Company does not accept liability for incorrect content or errors and omissions in this Website or its content (whether of legal, typographical, technical or other nature) but endeavours to correct them as quickly as practicable.
- The Company will not be liable for any data lost or any equipment or software replaced by the User as a result of you using this Website.
- The Company make no representations about the suitability, reliability, timeliness, comprehensiveness and accuracy of the information, services and other content contained on this Website.
- This Website contains links to other websites solely for your convenience. The Company does not endorse any such linked sites and assumes no responsibility for the contents of any other website to which this Website offers links.
- The User may not link the homepage or any other parts of this Website without prior consent from the Company.
- The private information required for executing the orders placed through the e-commerce facility, namely the User's personal information and credit card details, delivery address and telephone numbers will be kept in the strictest confidence by the Provider and not sold or made known to third parties. Only the necessary information, that is the delivery address and contact phone number will be made known to third parties delivering the product.
- The Company undertakes that it has taken all reasonable precautions to secure the credit card processing that is carried out to receive payment for goods sold. The Company cannot be held responsible for security breaches occurring on the User's electronic device (Personal Computer or other electronic device used to browse the Website), which may result due to the lack of adequate virus protection software or spyware that the User may inadvertently have installed on his/her device.
The Company reserves the right to change, modify, add to or remove from portions or the whole of these Conditions from time to time. Changes to these Conditions will become effective upon such changes being posted to this Website. It is the User's obligation to periodically check these Conditions at the Website for changes or updates. The User's continued use of this Website following the posting of changes or updates will be considered notice of the User's acceptance to abide by and be bound by these Terms and Conditions, including such changes or updates.
- In accepting these Conditions, you agree that you have not have been induced by representations, statements, warranties or agreements other than those expressed in these Conditions. Unless expressly agreed otherwise in writing between the Company and you, this contract embodies the entire agreement of The Company and you and there are no other agreements or understandings, written or oral, in effect between The Company and you relating to the subject matter of these Terms and Conditions. This clause shall not exclude any liabilities which the Company or you would otherwise have to one another in respect of any statements made fraudulently by any of them prior to acceptance of these Conditions.
- The Customer shall not be entitled to assign or sub-contract any of its rights or the obligations under the Contract, without the prior written consent of The Company. The Company may assign, licence or sub-contract all or any part of its rights or obligations under the Contract without the Customer's consent. References to The Company shall include its successors and assigns.
- The Conditions and any quotation and/or acknowledgement of Order issued by the Company contain the whole agreement between the Company and the Customer. All other understandings, agreements, warranties, conditions, terms or representations, whether express or implied, statutory or otherwise, are excluded to the fullest extent permitted by law. The Customer warrants to The Company that in entering into the Contract it has not relied on and shall have no remedy in respect of any statement or promise which is not set out in the Contract.
This Conditions constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior arrangements or understandings with respect thereto.
If any provision of this Agreement shall be held to be invalid, illegal or unenforceable, the validity, legality or enforceability of the remaining provisions shall not in any way be affected.
The failure of either party to enforce at any time any provision of this Conditions or to exercise any right herein provided shall not in any way be construed to be a waiver of such provision or rights, and shall not in any way affect the validity of this Conditions or any part hereof, or limit, prevent or impair the right of either party to subsequently enforce such provision or exercise such right.
Governing Law & Jurisdiction.
- Any dispute arising out of or in connection with this Conditions and use of the Website shall be subject to the exclusive jurisdiction of the Courts of the Dubai International Financial Centre.
- This Agreement shall be governed by and construed in accordance with the laws of United Arab Emirates.
TERMS AND CONDITIONS