GENERAL TERMS & CONDITIONS
MYLIST FZ LLC with Fujairah Media Free Zone Trade License registration number 1722/2011 FCC having its registered office at Fujairah, Fujairah Tower, United Arab Emirates (PO BOX 334555, Dubai, United Arab Emirates) (“MyList”) is a leading provider of e-services related to creation and management of gift lists for any kind of occasion (such as Wedding, Birth, Group Gift...). The Signatory is interested to create a gift list and hereby acknowledges and agrees that the terms and conditions of this agreement (the “Agreement” or the “General Terms and Conditions”), the Specific Conditions related to the selected gift list, the Exceptional Fees List and the Conditions of Service (together designated as “List Registration Agreement” and each available on the Website) apply. For and in consideration of the Parties mutual rights and obligations set out in this Agreement, IT IS AGREED as follows: 1 DEFINITIONS It is intended that the capitalized terms not defined in this Agreement shall have the meaning assigned to them in the Conditions of Service. When used in this Agreement, the following terms shall have the respective meaning indicated, such meanings to be applicable to both singular and plural forms of the terms defined. In this Agreement (including the Preamble), unless the context otherwise requires, the following capitalized terms have the following meanings: “Active List Account” means any Gift List with a credit balance. If the Gift List has a debit balance, no purchase is allowed. “Agreement” has the meaning ascribed to it in the Preamble. “Beneficiary” means the person for whom this Agreement is concluded. Depending on the option selected in this Agreement, the Beneficiary and/or the Signatory who benefit of the Donations and who are entitled to buy goods and/or services with the Donations in any Partner Store. The Beneficiary can either be the Signatory or any person designated by the Signatory in this Agreement. It is not permitted under this Agreement to have more than two Beneficiaries for a same List Account. “Client Account” means an account opened for each Signatory and/or each Beneficiary with MyList and which includes any (or all) List Account opened from time to time by the Signatory and/or the Beneficiary. “Conditions of Service” means the conditions of service available on www.mylist.ae which is included in the List Registration Agreement. “Donation” means a transfer of money by a Donator on the Website in the conditions agreed hereby, which is credited on the selected List Account. “Donator” means a person who makes a Donation. “Exceptional Fees” means any fee and/or charge applied by MyList in accordance with this Agreement and which are stipulated in the List Registration Agreement. “Exceptional Fees List” is a list of fees and rates applied to the Client Account and/or the List Account for the services described in the General Terms and Conditions and the Specific Conditions. “Force Majeure Event” has the meaning ascribed to it in Section 10 below. “General Terms and Conditions” has the meaning ascribed to it in the Preamble. “Gift List” means a list of goods and/or services referenced on the Website which have been selected by the Signatory and/or the Beneficiary which they intend to purchase with the Donations through Mylist. “List Account” means an account related to a specific gift list, opened with MyList by the Signatory in the advantage of the Beneficiary, which records all the Donations and allows the Beneficiary to buy goods and/or services in any Partner Store or Non-Partner Store through Mylist. Any List Account is designated by a name chosen by the Signatory. “List Registration Agreement” has the meaning ascribed to it in the Preamble. “Non-Partner Store” means any store, brand, website and/or supplier which is a not a Partner Store. “Occasion” means any occasion that can trigger the registration of a Gift List, such as birth, wedding, Eid, anniversary, birthday, farewell party, group gift, Christmas... “Partner Store” means any store, brand, website and/or supplier which can be chosen by the Signatory and the Beneficiary to make their purchases using their List Account and which are designated on www.mylist.ae in the Partner Stores’ listing. Such listing may be amended unilaterally at any time by MyList, depending on the agreements concluded with its Partner Stores from time to time. “Party” means either any of the Beneficiaries, or any of the Signatories, or MyList; and together the “Parties”. “Purchase” means any purchase of goods and/or services by the Signatory and/or the Beneficiary in any Partner Store or Non-Partner Store through Mylist which is debited from the List Account. “MyList Gift Card” means any AED 1, AED 10, AED 50, AED 100, AED 200 or AED 500 or any other value gift card or e-gift card denominated in Arab Emirates Dirhams (AED), or Egyptian Pounds (EGP) issued by MyList in the name of the Beneficiary only which allow them to purchase goods and/or services in any Partner Store through Mylist in accordance with Section 4 of this Agreement. “Signatory” means any person or organization which sign this Agreement. A Signatory may be a Beneficiary; in this case, the Signatory will be designated as the Beneficiary in this Agreement. A Signatory can be designated as the person who is entitled to make the Purchase in the name of the Beneficiary depending on the option which has been selected in the Specific Conditions; in this case, the Signatory is designated in the Specific Conditions for a Group Gift and in the Specific Conditions for an Other Occasion an as the “Organized or”, in the Specific Conditions for a Birth List as “Parents”, in the Specific Conditions for a Wedding List as “Future Spouse”. It is not permitted under this Agreement to have more than two Signatories for a same List Account. “Specific Conditions” means any agreement specifying terms and conditions which apply for a specific occasion and which is included in the List Registration Agreement. It can designate either the Specific Conditions for a Birth List, the Specific Conditions for a Wedding List, the Specific Conditions for a Group Gift or the Specific Conditions for any Other Occasion depending on the Gift List selected by the Signatory. “Specific Conditions for a Birth List” means an agreement specifying terms and conditions which apply for the registration of a birth list and which is included in the List Registration Agreement. “Specific Conditions for a Group Gift” means an agreement specifying terms and conditions which apply for the registration of a group gift and which is included in the List Registration Agreement. “Specific Conditions for a Wedding List” means an agreement specifying terms and conditions which apply for the registration of a wedding list and which is included in the List Registration Agreement. “Specific Conditions for any Other Occasion” means an agreement specifying terms and conditions which apply for the registration of any Other Occasion and which is included in the List Registration Agreement. “Users” means the Signatories, the Beneficiaries, the Donators and more generally, any person using MyList services. “Website” means the website of MyList accessible on www.mylist.ae, www.mylist.qa, www.mylist.com.eg or any website of MyList in relation with the services provided by MyList.
2 PURPOSE MyList is providing e-services related to creation and management of Gift Lists for any kind of occasion (such as Wedding, Birth, Group Gift...). MyList services include (i) creation of one Client Account for each Signatory and each Beneficiary and (ii) management of one or more List Accounts which is credited by the Donations made by the Donators to the advantage of the Beneficiary and which is debited by the Purchase’s price and by the Exceptional Fees, if any. This Agreement intends to regulate the relationships between MyList, the Signatories and the Beneficiaries. By entering into this Agreement, the Signatories accept all the terms and conditions settled hereby. By using any of MyList services, the Beneficiary accept all the terms and conditions of this Agreement. 3 ACCOUNT 3.1 Client Account and List Account openings Following the signature or the acceptance of this Agreement by the Signatories, MyList opens (a) firstly, one Client Account per Signatory and one per Beneficiary and (b) secondly, one List Account for the selected Gifts List which is connected to the various Client Accounts. However, it is not permitted under this Agreement to have more than two Signatories and/or more than two Beneficiaries for a same List Account. The Signatory and the Beneficiary can select goods and/or services to be added to their Gifts List. The Signatory and the Beneficiary authorize hereby MyList to collect the Donations on the List Account for the specific Occasion; it being understood that the Donations being made on the List Account are equally divided between the Beneficiaries. A Client Account opening and/or a List Account opening can only be made online, with the help of MyList staff if requested, or during an appointment with MyList team. 3.2 Operation of the List Account Operation of the List Account - and consequently the Purchase which will be debited from the List Account - is subordinated to acceptance of the website’s Term and Conditions. The Signatory can also accept the List Registration Agreement by following two steps: (i) firstly, fill in all mandatory information in the online questionnaire (including but not limited to first name, last name, email address of each Signatory and Beneficiary, residency address of each Signatory and Beneficiary) ; and (ii) secondly, click on the List Account activation email received on their email address in order to confirm the acceptance of all terms and conditions of the List Registration Agreement. The Parties hereby acknowledge and agree that the logins and data registered in MyList system will attest and prevail on any other evidence regarding the acceptance of the List Registration Agreement. As soon as a List Account is activated, a List Account is credited from time to time by the Donations made by the Donators in accordance with Schedule 1 (in cash, bank wire transfer, debit card or credit card or by Paying Account). The Signatory hereby expressly authorize MyList to debit their List Account by the retail price of the goods and/or services purchased in the Partner Stores by the Beneficiary and by the Exceptional Fees, if any. The List Account can be debited only by the retail price of the goods and/or services purchased in the Partner Stores (or Non-Partner Stores if the Purchase has been authorized by MyList in accordance with Section 5.3 of this Agreement) and the Exceptional Fees, if any. The Signatory and the Beneficiary hereby expressly agree that the Donations are made exclusively to be spent for the Purchases using MyList services and cannot be neither withdrawn in cash by the Signatory and/or the Beneficiary and/or wired to them. The List Account cannot have a debit balance. On - and at any time after - the occurrence of a debit balance of the List Account, the Signatory and the Beneficiary are jointly and severally liable for the reimbursement of the full amount of the debit balance which becomes immediately due and payable and at the latest fifteen (15) days after notification by MyList to any of the Signatory or Beneficiary or as from the reception of a List Account statement by any Signatory or Beneficiary showing a debit balance. MyList may ask either of the Signatory or the Beneficiary for the payment of the full amount of the debit balance. 3.3 Consultation of the Client Account By log in using its username and its related password, the Signatory can visit the Website at any time in order to find the following information related to the Client Account: • any List Account related to the Client Account; • the Donations made by the Donators on any List Account; Furthermore, the Signatory by login using his username and his related password can visit the Gift Card platform to check the following information: • the Purchases made by the Beneficiary; • the Client Account balance and the balance of any List Account related to it. In case of any contradiction between the List Account balance and/or the Client Account balance which is published on the Website and the List Account balance and/or the Client Account balance registered in the account books of MyList, the accounting balance shall prevail. 4 MYLIST GIFT CARDS 4.1 Issuance of MyList Gift Cards The Gift Card will be issued to the Beneficiary on the basis of the required information that the Beneficiary has provided, based on the type of Card issued and The Beneficiary agrees to provide accurate personal information and to advise us of any changes as soon as possible so that our records remain correct. The Beneficiary may only use the Card in accordance with this Agreement and MyList 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. 4.2 Use of MyList Gift Cards 4.2.1 Personal Use of MyList Gift Cards The Beneficiary may only use the Card in accordance with this Agreement and the Gift Card Terms described in the Website. MyList has the right to restrict the services and facilities provided pursuant to the issue and usage of the Card at our sole discretion and terms. The Card can only be used in retailers participating in the MYLIST programme as part or full payment for goods. Any MyList Gift Card is strictly personal and can be used only by the Beneficiary, as specified in the Specific Conditions related to the List Account and on the front of MyList Gif Card. MyList Gift Cards remain the property of MyList, the Beneficiary being only the custodians. MyList Gift Cards are not refundable and cannot be exchanged for cash, be sold, transferred or advertised without the prior written consent of MyList. 4.2.2 Reloading the Card The Card can be reloaded with additional available funds by contacting customer service, and based on an available balance in the Beneficiary’s MyList registry account. Reloading a Card does not constitute the issuance of a new Card and does not in any way affect the validity date on the Card. 4.3 Validity 4.3.1 Validity period The Card will cease to be valid twelve months from the date of purchase/issuance; this is referred to as the ‘expiry date’. On the expiry date, the card will cease to function and the Beneficiary will not be entitled to use the Card unless you contact customer services to request that the Card be extended, the extension being at the sole discretion of MyList. If the Beneficiary does not contact Customer Services to request that the Card be extended, the available funds at the expiry date will be forfeited. 4.3.2 Validity of MyList Gift Cards that are received as a result of redemption of points, miles, or any other form of loyalty and/or incentive programme The Validity of MyList Gift Cards that are received as a result of redemption of points, miles, or any other form of loyalty and/or incentive programme by a Third Party, such as but not limited to: Etihad Miles, Air Miles, Human Resources Department of any company- are subject to the Terms & Conditions of the Third Party and not MyList. Please ensure to read those Terms & Conditions before any redemption process. 4.4 Copy, alteration, loss or theft 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 may lose any funds held on the prepaid gift Card. The Beneficiary must do all that he reasonably can to keep the Card safe and other security details, including the login and password to the gift card member website, 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. The Beneficiary must promptly notify MyList of any loss or theft of the Card. MyList 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. MyList will not be liable for any misuse of the Card arising out of the loss, theft or misuse of the Card. MyList 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. MyList will be entitled to assume that a transaction was authorized by the Beneficiary where the correct Card number is entered at the point of sale or where relevant information is supplied to the retailer that allows them to process the transaction. MyList may refuse to approve a Transaction and/or suspend the Card, with or without notice, if MyList thinks that 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. The Beneficiary 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. 5 PURCHASES 5.1 General provisions The goods and/or services selected by the Beneficiary and/or the Signatory in their Gift List and the ones chosen by the Donators in order to make a Donation are not booked and not ordered to the Partner Store. MyList undertakes no obligation regarding the availability of the selected goods and/or services and these Donations cannot be considered as a deposit. The goods and/or services which are effectively purchased by the Beneficiary and/or the Signatory can be different from the ones selected in their Gift List. Terms and conditions of the Partner Store or Non-Partner Store apply - mainly regarding purchase, delivery (including delivery costs), return, exchange, customer service and guarantee - and may differ from one Partner Store to an Other In case of several Beneficiaries, the goods and/or services selected are presumed to be jointly owned by them. MyList does not guarantee or is committed as to the availability, the retail price or the description of any goods and/or services of our Partner Stores referenced on the Website. The Beneficiaries will be able to make Purchases in stores which are Partner Stores at the time of the Purchase by following MyList process which is available on www.mylist.ae. The goods and/or services are sold to the Beneficiaries at retail price at the time of the Purchase and are paid immediately to the concerned Partner Store by MyList by debiting their List Account. The goods and/or services are sold by the Partner Stores to the Beneficiaries and not by MyList. 5.2 Purchases in Partner Stores 5.2.1 Purchasing process in Partner Stores The Beneficiary will go directly to the Partner Store, select the goods and/or services he would like to purchase and pay with MyList Gift Cards with the obligation to present any MyList Gift Card together with a valid photo identification (for example, passport, Emirates ID card, UAE driving License If the Partner Store is a website, the Beneficiary will select on the Website to purchase the good(s) and/or service(s) by selecting MyList Gift Cards in the payment methods, fill in the information required by the Partner Store, including the List Number and the password MyList provided him. In this case, in order to complete the order, the Partner Store will request MyList to authorize the Purchase. If the Beneficiary has enough credit available on the related List Account, MyList will authorize it, provided that no MyList Gift Cards have been provided previously to the Beneficiary. In the contrary, the Beneficiary shall first give back to MyList the required number of MyList Gift Cards in order to reach the amount due to the Partner Store. If the Beneficiary fail to have enough credit balance, MyList can either offer the Beneficiary to add the required amount on his List Account or refuse to give its authorization to the Purchase. In any case, if the Beneficiary go directly to the Partner Store or if a Purchase is authorized by MyList on a website, the related List Account is debited by the retail price and by any costs related to the Purchase including any Exceptional Fee. The Beneficiary can take the goods and/or services immediately upon Purchase depending whether he chose to get it delivered or not. 5.2.2 Purchasing process through MyList If (i) a Partner Store is a website which does not include MyList Gift Cards in its payment methods or (ii) the goods and/or services can be purchased only through MyList, the Beneficiary will inform MyList about the goods and/or services he would like to purchase by sending MyList an email at email@example.com. MyList will contact the selected Partner Store in order to obtain a quote relating to the Beneficiary’s order. The Beneficiary shall confirm his approval for this quote by email. Quote will be valid for the expiry date mentioned in MyList email or, if no mention appears, for one month from MyList email date. Once the Beneficiary has approved the quote, MyList will send the related order to the Partner Store which will deliver the goods and/or services at the Beneficiary’s address (if required). 5.2.3 Common terms and conditions If the goods and/or services have been purchased in a Partner Store (either in store, by internet or through MyList), terms and conditions of the Partner Store apply. If return or refund is authorized by the Partner Store, the Purchase amount will not be credited back to the List Account. 5.2.4 Prices The goods and/or services are sold to the Beneficiary by the Partner Store at retail price at the time of the Purchase. The Beneficiary would be able to benefit from any discount and/or sale done in the Partner Store (except for some Partner Store of which MyList can provide a list to the Beneficiary following their request at the following address firstname.lastname@example.org). The Beneficiary acknowledge and agree that any discounted Purchase in the Partner Stores mentioned on the above list will be debited from the List Account with an administration fee equal to 15% of the discounted retail price (fifteen per cent). 5.2.5 Payment process The goods and/or services which are purchased with the Partner Store are paid by MyList by debiting immediately the List Account of the Beneficiary at the time of the Purchase. 5.3 Purchases in Non-Partner Stores Goods and/or services can be purchased in Non-Partner Store, located in the United Arab Emirates only, subject to the prior written approval of MyList. In order to obtain such consent from MyList, the Signatory and/or the Beneficiary shall first send an email at email@example.com. The goods and/or services are sold to the Beneficiary by the Non-Partner Store at retail price at the time of the Purchase. If a Purchase is made in a Non-Partner Store, the Beneficiary shall pay to MyList an Exceptional Fee which are specified in the Special Conditions related to the List Account and which will be debited from the said List Account. 6 DURATION OF THIS AGREEMENT AND CLOSING OF THE LIST ACCOUNT 6.1 The term of this Agreement and the renewal conditions (if any) are specified in the Specific Conditions for any kind of list. 6.2 Notwithstanding the provisions of the Specific Conditions, this Agreement will be automatically terminated: - either, upon the termination date of this Agreement as specified in the Specific Conditions; or - upon the expiry of a 6-month period as from the date of the Occasion, if the List Account balance is equal or below AED 150. 6.3 After the first anniversary date of the Occasion, either Signatory or Beneficiary may, upon prior written notice, terminate this Agreement at any time. The termination shall become effective fifteen (15) days after receiving such notice. 6.4 Remaining balance of the List Account At the term of this Agreement, MyList will proceed as follow regarding the remaining balance of the List Account: - if the balance is equal or below AED 150, MyList will donate on behalf of the Beneficiary the remaining balance to MSF (Medicines Sans Frontiers) as part of MyList partnership established with MSF; - if the balance is above AED 150, MyList will help the remaining balance of the List Account to the Beneficiary. If MyList partnership established with MSF is terminated, the provisions of the second paragraph above shall apply. 6.5 If the List Account has a debit balance at the term of this Agreement, the Signatory and Beneficiary are jointly and immediately liable to pay the whole amount to MyList. MyList will inform immediately the Signatory and Beneficiary of the debit balance. Any sum due but not paid within eight (8) days from notice of the List Account closing for debit balance will bear interest at 5% as from the closing date of the List Account. If the List Account is closed, the Beneficiary shall give back all remaining MyList Gift Card s to MyList (if any) and is not allowed to use them 7 DELIVERY 7.1 Delivery of Goods The delivery of the Goods will be done by the Partner Store which will inform directly the Beneficiary about the availability and delivery timing. If the Beneficiary fails to take delivery of the Goods or if the delivery instructions provided are not accurate, the Partner Store shall apply their own term and conditions.