Terms and Conditions
For "Al Fawala Al Asria Commercial Brokers"
Firstly – Definitions:
In these terms, certain definitions are employed to specify key terminologies as follows:
1.Fawala Application:
Refers to the electronic application or website associated with the Modern Fawala Mediation establishment.
2. Service Provider or Vendor:
Encompasses legal entities such as companies and institutions that utilize the Fawala Application to display and sell their products and goods.
3. Customers or End Consumers:
Includes normal persons who using “ Fawala Application” for purchasing and shopping purposes.
4. Delivery:
Comprises normal or legal individuals affiliated with Fawala Application, service providers, or any third party, responsible for delivering orders and products to the end consumer.
5. Location or Geographic Scope:
Encompasses the United Arab Emirates.
These definitions are presented to delineate the terms used within this contract and to clarify their meanings accurately and comprehensively for all contracting parties.
Terms and Conditions of Using the Fawala Application
These terms and conditions constitute a legally binding agreement (contract) between Fawala Application, the trademark owner, and the users of the application (customers and service providers).
These terms govern your use of Fawala Application, which is an electronic platform that connects service providers with application users. The Fawala Application enables the provision of assistance services by connecting with customers and application users and delivering services to them as facilitated by the application.
By utilizing the services provided by Fawala Application, you agree to this contract and its terms. Therefore, please refrain from using the application if you do not agree to the terms and conditions outlined in this contract.
The Fawala Application reserves the right to modify or change these terms and conditions without prior notice. It is your responsibility as an application user to periodically review the terms of use to become aware of any updates to these terms and conditions. You can access the updates through the link www.Alfawala.com. We also encourage you to review our privacy policy to understand how Fawala Application uses the information provided by application u
Undertakings and Warranties
Under this contract, the user acknowledges and warrants that they will:
1. Adhere to all prevailing laws and regulations in the United Arab Emirates.
2. Provide accurate and truthful information to Fawala Application and regularly update it.
3. Review and comply with any notifications sent through Fawala Application regarding their use of the provided service.
4. Not replicate, license, publish, transmit, distribute, execute, display, sell, or reclassify Fawala Application services, nor commercially exploit the service, except as granted under this contract.
5. Utilize the information, content, and data received or obtained through Fawala Application solely for personal use, limiting application and service use to their own purposes and refraining from selling or transferring them to any third party (including, but not limited to, providing services to any other person).
6. Use the service or application solely for lawful purposes and refrain from using the services to send or store any unlawful materials or for fraudulent purposes.
7. Avoid causing harm, harassment, or annoyance to any individual while using the service or application.
8. Refrain from interfering with the proper operation of Fawala Application and from attempting to damage the service or application through any means.
9. Not copy or distribute the application or any other content without obtaining written permission from Fawala.
10. Maintain the confidentiality of their account password and any identification means provided to them, refraining from allowing others to use them.
11. Provide all necessary evidence to establish their identity and the identity of the user they represent to Fawala, as determined at Fawala's discretion.
12. Use wireless internet communication devices or third-generation (3G) data accounts authorized for their use.
13. Bear the costs of Short Message Service (SMS) when requesting services provided by Fawala Application via SMS.
14. Collaborate with Fawala Application's policies, comply with its directives and guidelines, including refusing to provide services or use the application without giving reasons.
15. Comply with the cancellation period for services and refrain from canceling the service after the driver has arrived to execute it. The user's right to cancel the service is limited to a period of five (5) minutes after placing the request. In case the service is canceled after this period, a fine of AED 50 will be imposed.
By submitting a request to use the application and service, you express your full and unconditional agreement to all the terms and conditions stated above. Note that the terms and conditions may be updated periodically and you must regularly review them to ensure awareness of any updates.
License Scope:
Given the legal significance of the agreement between you and Fawala Application, these terms define the scope of the license we grant you for the specific use of our services and not for any other purposes. Therefore, you are required to comply with the following:
1. Do not provide the services to any third party through renting, leasing, sublicensing, resale, distribution, or hidden licensing.
2. Do not make any modifications, derivations, translations, summaries, or create derivative works based on reverse engineering or the interior design of the services provided by Fawala Application.
3. Do not delete or alter any copyright notices or official notifications present in the services.
4. Do not download or distribute the services for any purpose other than as specified herein.
5. Do not claim a license for the services or allow access to them to anyone other than yourself.
6. Refrain from sharing your username, password, or any access credentials for Fawala Application services with others.
Intellectual Property Rights:
• All intellectual property rights to these services and all materials related to or appearing within them (including any content you provide or upload – for example, but not limited to) are owned by Fawala Application.
• You are prohibited from reproducing or allowing anyone else, under any circumstances, to use the services, reproduce them, or use any trademarks or other trade names appearing in the services.
• Any unauthorized use or copying of the services or related materials constitutes a violation of intellectual property rights and could lead to legal action.
• Users are prohibited from modifying, altering, or concealing any intellectual property rights marks or notifications present on the services or materials.
• In the event of content submission or inclusion by users, the user acknowledges ownership of necessary rights to the content and grants Fawala Application a non-exclusive license to use and display this content within the scope of the services.
• Intellectual property rights to Fawala Application remain reserved even if modifications, improvements, developments, or additions are made to the services by Fawala Application or users.
• Fawala Application has the right to use any anonymous or aggregated statistical data or information for the purpose of improving services and analyzing platform usage without disclosing user identities.
Prices:
The prices displayed in the application for each service are available before placing an order. The price may vary based on the region, time of service request, and the availability of service providers within the search area. Prices are calculated based on distance, trip duration, and the vehicle used, in addition to the time of order placement.
Prices are subject to change based on various circumstances and factors and may be regularly updated to meet market requirements and improve service quality. Please note that any price changes will be communicated to you before completing your order, and you will be required to approve any changes before proceeding with the order.
We strive to provide fair and transparent prices to users, ensuring complete details about the applied prices are provided before confirming an order, so that you can make an informed decision before proceeding with the service request.
Prices may vary based on special offers or discounts available occasionally. These offers are limited in time and subject to applicable terms and conditions.
Please ensure to review and understand our pricing policy. If you have any inquiries regarding prices or pricing displayed in the application, feel free to contact us.
Payment:
• Fawala Application reserves the right to impose new fees on the use of the application or the service or both.
• In case Fawala Application decides to impose new fees, you will be notified, and you will have the option to either continue with the contract or terminate it.
• Applicable prices can be found within the application or on the website.
• Fawala Application has the right to modify or update prices from time to time. It is your responsibility to monitor current service prices and ensure payment of all fees within the specified time frame. You acknowledge that any paid amount is non-refundable.
• By agreeing to this contract, you acknowledge and agree to the value and distance calculated by Fawala Application's meter. You also agree that the fare and distance calculated by the application's meter are those used for each transportation transaction.
• In case Fawala Application's meter malfunctions during a transportation transaction for any reason, you are only obliged to pay the basic fare for the service, which is the amount indicated in the application for the requested service type.
• You commit to honesty at all times and agree that in case of any fraud, manipulation, or deception, your services may be suspended and blocked, and you may be subject to a fine for fraud ranging between AED 500 and AED 1000. Fawala Application also reserves the right to claim compensation for any present or future damages resulting from such fraud and manipulation.
Compensation:
By agreeing to these User Terms and using the application or service, you agree to indemnify and hold harmless Fawala Application, its affiliates, licensed entities, all officers, directors, employees, attorneys, and agents from any claims, costs, damages, losses, liabilities, and expenses (including attorney's fees and costs) arising out of or related to:
• Your violation or breach of any of these User Terms or any applicable laws or regulations, whether referred to in these terms or not.
• Your infringement of the rights of others, including service providers regulated by the application.
• Your use or misuse of the application or service.
You also agree to assume responsibility for all your obligations and actions related to the application and service, and not to cause harm to Fawala Application and all involved parties. Furthermore, you agree to be responsible for any damages, losses, claims, or allegations arising from your use of the application and service and for complying with the obligations stated in these User Terms.
Legal Liability:
We commit to providing information, recommendations, and services on the website, service, and application for general information purposes only. When using the application, you acknowledge and agree that the agents of Fawala Application, service providers, and entities licensed by the company or its affiliates are not liable for direct or indirect damages, penalties, exceptional damages, incidental damages, infectious diseases, or side effects that may directly or indirectly result from accessing, using, not using, or relying on the services.
While we strive to maintain the accuracy and updates of the website, application, and their contents, we do not provide any warranty that the contents of the website or application are error-free, defect-free, free of harmful software, or viruses, nor do we guarantee the accuracy, correctness, and continuous updating of the website and application.
Therefore, we draw your attention to the fact that we do not assume any responsibility for any damages resulting from the use of the website or application, including damages caused by harmful software or viruses. We are also not responsible for the accuracy or completeness of the information provided on the website or application, or for the timely delivery, interception, or manipulation of electronic correspondence by third parties or computer programs used for electronic correspondence.
We would like to clarify that Fawala Application does not provide legal or professional advice and cannot be relied upon in this regard. It is strongly recommended to seek qualified legal advice if legal counsel is needed.
Please note that any complaints about the application's services should be addressed to the application's service management only. We are committed to maintaining the confidentiality and privacy of your personal information in accordance with our privacy policy.
Modifications to Services:
Fawala Application reserves the full and sole right to make the following modifications at any time:
• Fawala Application may change the scope and type of services, including adding new services or removing existing ones.
• Fawala Application reserves the right to update or modify the prices related to the services based on market conditions and general costs.
• The functions of the application may be regularly improved and developed, requiring modifications to the provided services.
• In the case of substantial modifications to the services, users will be notified of the new changes and updates through the usual communication channels.
Please review these terms regularly to be aware of any changes to the services and terms provided by Fawala Application. Your continued use of the application after making any modifications will be considered implicit agreement to these modifications. It may require you to review the new terms and confirm your acceptance before continuing to use the application and the provided services.
Limitation of Liability:
Fawala Application disclaims all warranties related to suitability for a specific purpose or for specific markets to the extent permitted by law. The application and services are provided "as is" and "as available" without any express or implied warranties of any kind.
Please note that Fawala Application does not provide any warranties or guarantees regarding:
• The suitability of the services provided for your personal needs or objectives.
• The services being error-free, uninterrupted, or compatible with your requirements.
• The continuous availability of services without interruptions or delays.
• The accuracy of information provided through the application or website.
Fawala Application advises caution and appropriate consultation before making any decisions or taking actions based on information provided through the application. Consequently, the user assumes full responsibility for using the application and the provided services.
Additionally, the application disclaims responsibility for any direct or indirect damages, penalties, losses, or costs resulting from using the application or relying on any information obtained through it. You must use the application and the provided services cautiously and in accordance with the laws and regulations applicable in the region where you use the application.
Security:
• You acknowledge sole responsibility for the privacy of your account and the provided services. You are fully responsible for any use of your account by any other person using your username, password, and other personal access credentials.
• You agree to immediately notify the management of Fawala Application in case of theft of your password, unauthorized use of your account, username, IP address, or any other
means of accessing the services. Failure to report promptly may lead to financial losses or compromise of privacy and personal data.
• Fawala Application works diligently to secure and protect user data, but absolute security on the internet cannot be guaranteed. Therefore, you should take necessary measures to protect your personal information and avoid sharing it with any untrusted party.
• You understand and agree that using the application and services may be subject to online security risks, such as electronic breaches and malicious software. It is advised to update security software, use strong passwords, and avoid accessing your account from public or untrusted devices.
• Fawala Application commits to taking all reasonable measures to protect user data and ensure the security of services, but we cannot guarantee absolute protection. Any information you provide through the application is your personal responsibility.
• We advise against sharing your account information with any unauthorized party not approved by Fawala Application and to avoid logging into your account from links received through email or unknown text messages to safeguard your account and personal data.
Interactions with Third Parties:
• While using the website or the application, you may find links and connections to other websites owned and operated by parties other than Fawala Application. This is meant to facilitate communication with third parties or participation in promotional offers they provide. Clicking on those links will take you outside the website and application and beyond the control of Fawala Application.
• Therefore, you should be aware that you assume all risks and responsibility for visiting or accessing those other websites and using them. The management of Fawala Application advises you to check the terms of use and privacy policies on those other websites before interacting with them or providing any personal information through them.
• You should exercise caution and be attentive to the risks of using other websites and their content, considering them your personal responsibility. Fawala Application has no control over the content of those websites or their data collection practices.
• When you navigate to other websites, their own policies regarding data collection and user personal information may apply. We recommend reading the privacy policies and terms of use of these websites before providing any personal information or using their services.
Contract Duration:
• The contract between you and Fawala Application is not limited in duration, allowing you the freedom to terminate the contract at any time by permanently deleting the installed
application from your smartphone. Upon deleting the application, your use of the application and service will be automatically disabled, and you can close your user account at any time.
• On the other hand, Fawala Application reserves the right to terminate the contract immediately at any time if you engage in any of the following:
- Violation or breach of any term of the agreed-upon user terms.
- If the management of Fawala Application determines that you are misusing the application or service.
• The management of Fawala Application is not obligated to provide prior notice before terminating the contract. You should be aware that contract termination may occur immediately if any violation of the terms of use or intentional misuse of the application and service is identified.
We attach great importance to adhering to the terms of use and agreed-upon policies, and we strive to provide a safe and reliable service to our users.
Invalidity of One or More Provisions:
• The invalidity of any provision in the above-mentioned user terms does not affect the validity of the remaining provisions included in them. The remaining provisions remain in full force and effect according to the provisions specified in the terms.
• If any provision is considered invalid in the mentioned user terms or if there is a provision that cannot be enforced under certain circumstances according to standards of reasonableness and justice, to that extent only, it will be replaced with another provision that is acceptable and suitable for both parties, taking into account all circumstances and respecting the nature and purpose of the user terms.
• The management of Fawala Application commits to applying these provisions with fairness, integrity, and honesty, and to handle any amendments or invalidations that may arise impartially and fairly to ensure the continued quality of the service and the enhancement of the rights of all users.
Modification of Service and User Terms:
• The management of Fawala Application reserves the right, at its sole discretion, to modify any provision of the mentioned user terms or replace it, change the service or the application, suspend them, or terminate them at any time. Notice of any modifications will be published on the website or sent to you via the service, application, or email.
• The management of Fawala Application may impose restrictions on specific features and services or limit your access to parts of the service or the entire service without prior notice. This is done at the discretion of the application management and with the aim of improving and updating the services in line with the needs and requirements of users.
• We strive to keep you informed of any changes in the user terms or services by sending notifications when necessary. We understand that your continued use of the application or service constitutes your agreement to any modifications to the terms.
• We promise to handle any amendments with fairness, transparency, and in the best interest of all users, while ensuring an enhanced and outstanding user experience.
Notifications:
• Fawala Application has the right to send notifications through general notifications about the service or the application, or by sending emails to your registered email address in your account information. Correspondence may also be sent to you at the registered address in your account information with the application.
• Notifications are considered an effective means of communicating with you and informing you of any important updates or modifications related to the service, user terms, or the application. Therefore, it is important to follow the notifications sent by Fawala Application to stay informed of the latest developments.
• We commit to sending notifications in an appropriate and understandable manner, ensuring the provision of necessary information clearly to facilitate your understanding. If you need to update your contact information (email address or mailing address), please make sure to update it in your account information.
• For any significant changes in the user terms or services, we will provide you with prior notification before implementing the changes, so you can review the matter and take appropriate action. We will consider your continued use of the application after being notified of the changes as your agreement to these modifications.
• We value transparent and open communication with you and strive to ensure that you are regularly informed of any updates and developments related to the Fawala Application and its services.
Applicable Law and Dispute Resolution:
• The provisions of these user terms are subject to and governed by the laws and regulations of the United Arab Emirates, and they shall be interpreted and enforced according to their provisions.
• In case of any dispute, claim, or controversy arising out of or relating to these user terms, or any violation thereof, termination, execution, interpretation, validity, use of the website, service, or application, the dispute or claim shall be resolved in accordance with the laws and regulations applicable in the United Arab Emirates.
• In the event of any dispute or disagreement, the disputing parties undertake to reach a compromise that involves settling the dispute through amicable and preferred means for both parties. If an amicable settlement cannot be reached, the dispute will be referred to the competent court in the United Arab Emirates to consider the dispute and make the appropriate decision.
• Each party undertakes to comply with the laws and regulations applicable in the United Arab Emirates and to fully cooperate with the competent authorities in the event of their involvement in resolving the dispute or taking necessary actions.
• Given the importance of quick and effective dispute resolution, the parties commit to arbitration and alternative dispute resolution procedures that can save time and effort and help conclude disputes in an expedient and orderly manner.
• The laws and regulations applicable in the United Arab Emirates are considered fully authoritative and effective in resolving disputes in accordance with these user terms, and the parties agree that the jurisdiction for disputes shall be the competent courts of the United Arab Emirates.
NOTE :If there is any variance in meaning or interpretation between the Arabic version and its English translation, priority shall be given to the Arabic language and its interpretation for the purpose of comprehending the intended meaning and content.
Note: Please regularly review the Terms & Conditions for any new updates or modifications that may occur
