ABOUT THESE TERMS AND CONDITIONS AND YOUR USE OF MYALFRED
This document is the agreement between myAlfred LLC (myAlfred LLC, we, us, or our) and you (you, your or the User) governing the terms of your membership of myAlfred LLC (myAlfred) including your use of our Sites (Terms and Conditions).
myAlfred LLC owns and administers the myAlfred (including the Sites) through which our program partners (Partners) promote and make promotional offers of products and/or services (Offers) to Users. As the myAlfred administrator, we assist our Partners to make Offers to Users on our Sites. For further details regarding our Partners, your relationship with them and the Offers they make please refer to Section 5 below.
The Sites and your membership of the myAlfred are for your personal use only and are not intended to be used for commercial business purposes.
You may access our Sites only through our apps, standard web and mobile browsers and similar consumer applications.
In these Terms and Conditions, we use various capitalized defined terms which we define in section 13 below.
REGISTERING AS A MEMBER OF MYALFRED
To access the Offers on our Sites, you will need to sign up as a member of myAlfred. This will require you to provide certain personal information including your name, email address.
You will be provided with a one time passcode to provide you with access to myAlfred and the Sites. You may also need to create a password to be used to access myAlfred. You must keep this one time passcode and any password confidential and immediately notify us if any unauthorised third party becomes aware of that one time passcode or password or you become aware of any unauthorised use of this one time passcode or password, or your email address or other contact details to access the myAlfred and our Sites.
You warrant and represent to us that all information provided when registering as a member of myAlfred or provided subsequently at any time, is true, complete and accurate and that you will promptly inform us of any changes to such information by updating the relevant details on our Sites.
You hereby undertake not to (or to permit anyone else to) misuse your membership of myAlfred or use of the Sites including by:
Disclosing your password to any third party;
reselling, assigning or transferring the Offers or access to any other benefit or feature of myAlfred or Sites to an person;
providing false data including false names, addresses and contact details or fraudulently using of credit/debit card numbers when registering as member of myAlfred or using the Sites, including when redeeming any Offers; and
seeking to circumvent our security or network including accessing data not intended for you, logging into a server or part of any Site you are not expressly authorized to access.
You agree to indemnify myAlfred LLC, its employees, agents and representatives, and to hold them harmless from and against any and all claims, and liabilities (including legal costs) that may arise from your submissions to, or use of our Sites, from your use of material obtained through the Sites, from your breach of these Terms and Conditions, including your obligations under this Section 3
OUR PARTNERS AND THEIR OFFERS
Our Partners (and not us) are the sellers of the goods and/or services which are offered pursuant to the Offers and so whenever you purchase goods and/or services pursuant to any Offer made on our Sites:
you do so with the relevant Partner (or its affiliate) and not us;
any contract formed upon your acceptance of any Offer will be with the relevant Partner or its affiliate (not us);
some of these terms and conditions relating to the Offer (Offer Terms and Conditions) may be set out on our Sites but we strongly recommend that a User reads such terms and conditions carefully and also verifies these with the relevant Partner prior to selecting the goods and/or services which are the subject of the Offer;
the relevant Partner (and not us) is solely responsible for fulfilling and honouring the Offer Terms and Conditions, whether set out on our Sites or otherwise;
the relevant Partner is solely responsible for all other aspects of the sale of the goods and/or services and for dealing with any claims or any other issue arising out of or in connection with the supply of such goods and/or services;
by accepting the Partner's Offer, a User is agreeing to abide by the terms and conditions of the purchase imposed by the Partner, including payment of all amounts when due (if any) and compliance with all rules and restrictions regarding booking, availability, cancellation and refunds in respect of the services and/or goods;
we are not agents for any Partner and are not responsible for any acts or omissions of the Partner; and neither we nor any of our affiliates or employees, directors, agents or consultants, make any representations, or provide any warranties or assurances in relation to any of the goods and/or services offered by any Partner on our Sites, and to the extent permitted by law, myAlfred LLC accepts no liability whatsoever in respect of Offers made, and goods or services to be provided by Partners including in relation to any refusal or failure by a Partner to honour the terms of any Offer to a User.
Our Partners and the terms and conditions of their Offers, may vary from time to time and we may at any time and without prior notice to you, withdraw, or modify the terms of any Offer or our relationship with any Partner.
OUR OBLIGATIONS TO YOU AND LIMITATIONS ON OUR LIABILITY
We will exercise reasonable care and skill in performing our obligations under these Terms and Conditions and administering the myAlfred.
To the extent permitted by law, myAlfred LLC will not be liable to a User or any other person for any loss or damage, whether direct or indirect, resulting from termination or change of or to these Terms and Conditions, myAlfred or any of the Offers or other benefits which are made available to Users, including withdrawal or amendment of Offers, or of any Partner or the withdrawal of any other benefits, or the exercise of any of our rights under these Terms and Conditions, including Section 6.
Without prejudice to the generality of Section 5.2, and subject always to Section 3.4, neither we, nor any of our affiliates, shall be liable to you, whether for any breach of the Agreement or of statutory duty or by reason of tort for:
any indirect or consequential loss or damage whatsoever that may be suffered by you; or
any loss or deferral of use, loss or deferral of opportunity, loss or deferral of profit, loss or deferral of revenue, or for any form of indirect, special or consequential loss or damage, in each case whether direct or indirect to the extent that these are not included in Section 5.3(a).
Nothing in these Terms and Conditions shall exclude or limit our liability for (i) fraudulent misrepresentation; (ii) death or personal injury caused by our negligence; (iii) willful misconduct; or (iv) any liability which cannot be excluded or limited by applicable law.
SUSPENSION AND TERMINATION OF MEMBERSHIP AND USE OF OUR SITES
Without limitation to any other right under these Terms and Conditions, if you commit any breach of these Terms and Conditions, or you commit fraud or we suspect, on reasonable grounds, that you have committed fraud, against us or any person, then we shall be entitled immediately or at any time (in whole or in part) to:
suspend or terminate your membership of the myAlfred;
suspend or terminate your access to the Sites; and/or
terminate our agreement with you.
Membership of the myAlfred will terminate immediately on notification of death or bankruptcy of a User.
myAlfred LLC reserves the right, in its sole discretion, to deny access to its Sites or any part of them at any time without notice or liability.
YOUR PERSONAL INFORMATION
LINKS TO OTHER SITES
Our Sites contain hyperlinks to websites operated by third parties, including to the websites of our Partners. Such hyperlinks are provided for your reference only, or to permit you to redeem Offers, and your use of these sites will be subject to terms and conditions posted on them (if any). Our inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites and we accept no liability for their content.
myAlfred LLC shall not be liable for any loss or damage caused by your use or reliance on information obtained through third party websites, including those of our Partners.
LINKS TO OTHER INTELLECTUAL PROPERTY RIGHTS
The "myAlfred" trademark, myAlfred logos and variations thereof represented on the Sites (myAlfred Marks) are registered trademarks of myAlfred LLC and/or its affiliates, and all goodwill associated with the use of myAlfred Marks inures solely for the benefit of myAlfred LLC or its relevant affiliate.
The Sites also contain the trademarks and logos of our Partners (Partner Marks), who have provided us with a license to use such trademarks and logos for the purposes of myAlfred and promotion of their Offers and goods and/or services on our Sites.
You may not use myAlfred Marks or the Partner Marks in any way without our prior written consent and your membership of myAlfred and these Terms and Conditions give you no rights to use such marks.
These Terms and Conditions may be varied, suspended or terminated by us at any time without notice where permitted by law, save that reasonable efforts will be made by us to update our Sites with details of that change or variation, suspension or termination (as the case may be).
Neither myAlfred LLC nor any of its affiliates represent or warrant:
that the information published on the Sites and in these Terms and Conditions is complete or accurate and free from typographical errors;
that access to the Sites will be uninterrupted or that there will be no failures, errors or omissions or loss of transmitted information, or that no viruses will be transmitted on the Sites;
that the information, products, and services contained on the Sites, including in any Offers are suitable for any purpose.
All such information, products, and services are provided "as is" without warranty of any kind and myAlfred LLC hereby disclaims all warranties and conditions with regard to the information, products, and services, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement.
Although we will try to allow uninterrupted access to our Sites, access to the Sites may be suspended, restricted or terminated at any time, including to allow for repairs, maintenance or the introduction of new facilities or services. We will attempt to restore such access as soon as we reasonably can. We also reserve the right to block access to and/or to edit or remove any material which in our reasonable opinion may give rise to a breach of any of these Terms and Conditions.
Nothing in these Terms and Conditions shall be construed to create a joint venture, partnership or agency relationship between you and us and neither you nor us shall have the right or authority to incur any liability, debt or cost or enter into any contracts or other arrangements in the name of or on behalf of the other.
Except as expressly stated in these Terms and Conditions, all warranties, conditions and other terms, whether express or implied, by statute, common law or otherwise are hereby excluded to the fullest extent permitted by law.
You may not assign or delegate or otherwise deal with all or any of your rights or obligations under these Terms and Conditions. We shall have the right to assign all or any of our rights and or delegate or sub-contract our obligations under these Terms and Conditions to any person.
We shall not be liable for any breach of our obligations under these Terms and Conditions where we are hindered or prevented from carrying out our obligations by any cause outside our reasonable control.
No waiver by us of any default of yours under these Terms and Conditions shall operate or be construed as a waiver by us of any future defaults, whether of a like or different character. No granting of time or other forbearance or indulgence by us to you shall in any way release, discharge or otherwise affect your liability under these Terms and Conditions.
If any provision of these Terms and Conditions is held to be unlawful, invalid or unenforceable, that provision shall be deemed severed and where capable the validity and enforceability of the remaining provisions of these Terms and Conditions shall not be affected.
These Terms and Conditions (and all non-contractual relationships between you and us) shall be governed by and construed in accordance with the laws of the United Arab Emirates as applied in the Emirate of Dubai and the federal laws of the United Arab Emirates
DEFINITIONS AND INTERPRETATION
In these Terms and Conditions:
myAlfred Marks has the meaning given to that term in Section 11.1.
Offers has the meaning given to that term in Section 1.2.
Offer terms and Conditions has the meaning given to that term in Section 5.1(c).
Partners has the meaning given to that term in Section 1.1.
Partner Marks has the meaning given to that term in Section 11.2.
myAlfred has the meaning given to that term in Section 11.1.
Sites means our websites, any webpages or content or function or services offered on or through our online or offline mobile applications, which provide dedicated interaction between you and our sites.
In these Terms and Conditions unless a contrary intention appears:
a reference to the singular includes a reference to the plural, and vice versa;
a reference to a gender includes a reference to the opposite gender;
references to "include" and "including" shall be deemed to mean respectively "include(s) without limitation" and "including without limitation"; and
headings are inserted for the purpose of convenience only.