Al Adaa Al Tasweeqi lil tatbeeqat al thakiyeh L.L.C (the “Company,” “we,” “us,” “Cayyesh” and “our”) offers a rewards program in the Hashemite Kingdom of Jordan to help consumers save money. These Terms of Service (“Terms”) govern your access to and use of (1) our website located at www.cayyesh.com and all of our other websites to which these Terms are posted (collectively, the “Website”); (2) our mobile applications to which these Terms are posted (collectively, the “Application”); and (3) any services, content, and features made available by us through the Website or the Application (together with the Website and the Application, the “Services”). In these Terms “User”, “you” and “your” refer to any user of the Services.
1. YOUR ACCEPTANCE OF THESE TERMS
By accessing or using the Services in any way or by clicking to agree to these Terms when that option is made available to you, you agree to be bound by these Terms and our Privacy Policy, which is incorporated by this reference into these Terms. If you do not agree to all the terms and conditions of these Terms, do not access or use the Services. If your access to or use of the Services is prohibited by applicable law, you are not authorised to access or use the Services. We are not responsible if you access or use the Services in any manner that violates applicable law.
2. CHANGES TO THESE TERMS
We may, without prior notice or liability to you, discontinue the Services or modify the Services by adding or removing features or functionalities, even though such changes may affect Cayyesh Coins (as defined below) awarded to you. We may also revise these Terms from time to time in our sole discretion. When we revise these Terms, we will post a revised version on the Website and the Application. You are free to decide whether or not to accept a revised version of these Terms, but accepting these Terms, as revised, is required for your continued access to and use of the Services. If you do not agree to these Terms or any revised version of these Terms, your sole recourse is to terminate your access to and use of the Services. Except as otherwise expressly stated by us, your access to and use of the Services are subject to the version of these Terms in effect at the time of your access or use.
3. FEES
There are currently no fees for the Services, but we reserve the right to charge fees for the Services in the future. We will notify you before charging any fees for the Services by notifying you electronically, by posting such fees on the Website and Application, as applicable, or by any other method permitted by applicable law. If you continue accessing or using the Services after such notice, you must pay all applicable fees for the Services.
4. THE SERVICES
The purpose of the Services is to help you save money with minimal effort by rewarding you for certain qualifying purchases and other activities. Participation in the Services and the opportunity to earn Cayyesh Coins are offered at the sole discretion of Cayyesh and are subject to your compliance with the Terms.
(a) Certain Requirements
In order to access or use the Services (other than merely browsing the Website), you must: (i) be of a legal age, reside in the Hashemite Kingdom of Jordan, and have a Jordanian-based, non-VoIP mobile phone number; (ii) accept and agree to these Terms, including our Privacy Policy and any Additional Terms; (iii) create a user account with us (an “Account”) and maintain your Account in good standing; and (iv) provide all information requested by us, such as your name, age, gender, phone number, email address, physical address, and payment account information (“User Information”). All determinations as to whether a phone number is verified, shall be determined by Cayyesh at our sole discretion (the phone number provided by you and verified by us shall be referred to as “Phone Number”). Each individual user of the Services may only have one Account and one Phone Number which shall identify the said Account (in the event a User intends to change the Phone Number, the User acknowledges that this shall not affect its Phone Number associated with the Account and that the User shall continue using the previously verified Phone Number to collect and redeem any Cayyesh Coins). You represent and warrant that all User Information you provide us from time to time is truthful, accurate, current, and complete, and you agree not to misrepresent your identity or your User Information. You must promptly notify us of changes to your User Information by updating your Account. Our Privacy Policy governs our collection, use, storage, and disclosure of User Information. We reserve our right to suspend the account of any User who does not abide by the requirements related to the User Information. We may, without any liability whatsoever on Cayyesh, close any Account in which no Cayyesh Coins have been collected or redeemed for a continuous period of 16 months, and any Cayyesh Coins in such Account will expire upon closing the Account.
You are solely responsible for ensuring the confidentiality of your Account login information and maintaining the security of such information. You agree not to authorise any other person to use your Account for any purpose. Except as otherwise provided by applicable law, you are solely responsible for all transactions and other activities authorised or performed using your Account, whether authorised by you or not. If you believe any of your Account credentials, such as your password, have been obtained or used by any unauthorised person or you become aware of any other breach or attempted breach of the security of the Services or your Account, you must notify us immediately.
(b) Linking Your Payment Card
In order to receive rewards (“Cayyesh Coins”) from us for qualifying purchases of goods or services, or for referring other users to download the Cayyesh application, you must link at least one eligible debit or credit card (a “Payment Card”) to your Account or your Phone Number as the case may be or as may be determined by Cayyesh at its sole discretion. Please note that not all debit and credit cards are eligible to be linked to your Account. All determinations as to whether a card is eligible to be a Payment Card are at our sole discretion. For example, certain Visa, Mastercard, and American Express cards are not eligible to be linked to your Account, including, but not limited to, the following: prepaid cards, corporate cards, purchasing cards, store cards which can only be used at their respective retailers’ stores, government-administered prepaid cards. In order to be eligible as a Payment Card, it must be issued by a Jordanian bank. In addition, you may not be able to link a debit or credit card or phone number to your Account if the card is already linked to certain other third-party card-linked offer programs or to another User account in violation of these Terms.
(c) Use of Enrolled Cards and Transaction Information
By registering a Payment Card in connection with transaction monitoring, you authorise us to share your payment information with the third parties that enable us to provide the Services (“Third-Party Service Providers”) and your Payment Card Network (e.g., Visa, Mastercard, American Express) so it knows you enrolled. You authorise the Payment Card Network to monitor transactions on your linked Payment Card(s) to identify qualifying purchases in order to determine whether you have qualified for or earned an offer linked to your Payment Card, and for the Payment Card Network to share such transaction details with us to enable your card-linked offer(s) and target offers that may be of interest to you. You agree that Cayyesh and Third-Party Service Providers may view your transactions made by you with participating merchants. You authorise participating merchants to provide Cayyesh with historical transaction data.
For more information on how we use your Payment Card transaction information, see the “Information Collected from Payment Card Networks and Transaction Information” section of the Privacy Policy. You may opt-out of transaction monitoring on the Payment Card(s) you have registered by de-linking then through the Services or by terminating your Account. To terminate your Account and this Agreement and your right to use the Services at any time and for any reason and for no reason, contact Customer Support and immediately discontinue all use of the Services. Please note that if you opt-out of transaction monitoring, certain features of the Services may not be available to you or the performance of certain features of the Services may be limited or not work at all.
(d) Receiving Cayyesh Coins
Subject to these Terms, we will provide Cayyesh Coins to you when you purchase qualifying goods or services with your Payment Card, present your Phone Number at a point of sale of a merchant we deal with and complete the purchase, or perform other qualifying actions identified by us. Cayyesh, in its sole discretion, establishes the terms and conditions for each qualifying purchase or action and determines whether you have satisfied such terms and conditions to receive Cayyesh Coins. Such terms and conditions are set forth on the Website and the Application and may be updated, modified, suspended, or cancelled by Cayyesh at any time in its sole discretion. All offers made available to you through the Cayyesh application are temporary and may become unavailable without notice. You may also have a limited, prescribed window of time to take advantage of an offer. Always check the Cayyesh application for offers currently available to you.
Not all qualifying purchases made may be eligible for Cayyesh Coins, including especially if we are unable to obtain certain transaction information from the Payment Card Network associated with your Payment Card or for any other reason related to your Phone Number. You undertake to ensure that the Phone Number presented by you to the merchant matches the one inserted by the merchant. You acknowledge that you will not be entitled to any Cayyesh Coins in the event the phone number inserted is incorrect or inaccurate.
In addition, we may be unable to obtain certain transaction information from the Payment Card Network (and you may therefore be unable to receive Cayyesh Coins) for the following transactions made with your Payment Card: (i) purchases that require you to enter your Personal Identification Number (“PIN”) for your Payment Card, (ii) purchases you initiate through identification technology that substitutes for a PIN, (iii) payments made through other payment methods (such as a digital wallet or a third-party payment application, where you may choose your Payment Card as a funding source but you do not present your Payment Card directly to the merchant), (iv) payments of existing balances, balance transfers, or (v) transactions that are not processed or submitted through the Payment Card Network. Do not use a PIN when paying for a qualifying purchase with your Payment Card if you want the purchase to be eligible for Cayyesh Coins.
Without limiting any of the other terms of these Terms, if you return, charge back, cancel, dispute, or otherwise request a refund for a qualifying purchase for which you have already received Cayyesh Coins, we will reduce the balance of Cayyesh Coins in your Account by the amount of Cayyesh Coins you received for such transaction. If the balance of Cayyesh Coins in your Account is less than the amount of Cayyesh Coins you received for such transaction, we will offset the applicable amount of Cayyesh Coins from Cayyesh Coins you would otherwise receive for future qualifying actions.
Cayyesh Coins that you receive as a result of a qualifying purchase at a local merchant will generally be reflected in your Account within 1-7 Business Days after the date of purchase. In some cases, it may take longer for Cayyesh Coins to be reflected in your Account. For purposes of these Terms, “Business Day” means Sunday through Thursday, excluding official public holidays. If you do not automatically receive Cayyesh Coins for purchasing qualifying goods or services with your Payment Card or presenting your Phone Number at a point of sale of a merchant we deal with and completing the purchase, or for performing other qualifying actions as identified by us, you have thirty (30) days from the date of transaction if made in-store to contact us, provide evidence of the purchase and request Cayyesh Coins earned. Any requests for Cayyesh Coins earned after these deadlines will not be honoured and the Cayyesh Coins associated with the transaction will be forfeited.
Without limiting any of the other conditions of these Terms, if the local merchant you dealt with rightly disputes the transaction or a purchase, or if we award Cayyesh Coins to you in error (e.g., we later determine that you did not comply with the terms and conditions of a qualifying purchase or if you charge back a qualifying purchase), we reserve the right to remove the applicable or disputed Cayyesh Coins from your Account. For the purposes of these Terms, and in specific, this clause, the local merchant shall have the right to view your name, Phone Number, transaction date, time, and amount. You are responsible for making sure the Cayyesh Coins balance reflected in your Account is correct. If you believe that your Account does not accurately reflect Cayyesh Coins that you are eligible to receive, please contact us.
Cayyesh Coins will remain in your Account until we approve redemption of Cayyesh Coins as described below or until their earlier expiry. For the avoidance of doubt, Cayyesh Coins, if not redeemed, will expire after 1 year from the day they were awarded to your Account. The expired Cayyesh Coins will not be restored for whatever reason. In the event the Cayyesh Coins expire pursuant to the Terms of Service, you acknowledge and agree that such expired Cayyesh Coins cannot be redeemed and that you shall not have any recourse with respect to the expired Cayyesh Coins, including any right to redeem the expired Cayyesh Coins under any circumstances.
You hereby agree that the Cayyesh Coins are not your property and are not transferable nor inherited by operation of law or otherwise to any other person and cannot be transferred to any other account, unless Cayyesh approves otherwise in writing.
(e) Redeeming Cayyesh Coins
Subject to these Terms and our approval, you may request that we redeem Cayyesh Coins from your Account. Prior to redeeming Cayyesh Coins to Jordanian Dinars, (i) you must be signed in to the Services, and must verify an email address and phone number associated with your Account, (ii) Cayyesh Coins may only be redeemed from your Account through the Website and the Application, (iii) the balance of Cayyesh Coins in your Account must be equivalent to at least 10 Jordanian Dinars in order to redeem Cayyesh Coins, and (iv) you must have completed an offer-qualifying transaction with a participating merchant. We will generally redeem Cayyesh Coins from your Account and proceed with crediting your designated Jordanian bank account (which must be verified by Cayyesh), E-Wallet account, or with other payment method permitted by us and designated by you such as physical delivery of the money (“Redemption Method”) within 2-8 Business Day(s) of when we receive your redemption request. Redeeming Cayyesh Coins will be made only after when we receive and approve the redemption request.
You are solely responsible for verifying the accuracy and completeness of any credits to your Redemption Method performed by us hereunder. You must notify us of any errors within 15 days of such information being made available to you. If you do not notify us of any such errors within such 15 days, you will forfeit the right to contest a transaction, except to the extent such forfeiture is prohibited by applicable law.
Certain limits may apply to your redemption of Cayyesh Coins. For example, unless otherwise permitted by us, you may only redeem Cayyesh Coins up to the equivalent of 300 Jordanian Dinars in any day. Without limiting any of the other conditions of these Terms, we may modify the redemption terms for Cayyesh Coins at any time in our sole discretion.
Notwithstanding anything to the contrary, you agree that the contractual relationship regarding the sale of goods and services by the merchant you are purchasing from exists solely between the merchant and you. To that end, you acknowledge and agree that the merchant is solely responsible for fulfilling its contractual obligations to you and for honouring any Cayyesh Coins redemption, including the payment of cashback percentages or any Cayyyesh Coins collected under an offer, and shall be solely liable for any claims asserted by you for any warranty, damages, errors or any other claims arising from a failure to perform or default in the merchant’s performance. For the avoidance of doubt, we shall not be responsible for any dispute regarding sale transactions and shall have no liability to the merchant or you with respect to same.
(f) Taxes
All amounts paid to you hereunder are exclusive of any applicable withholding, sales, use, excise, value added, or other taxes. You acknowledge and agree that you are responsible for determining, paying, withholding, filing, and reporting all taxes, duties, and other governmental assessments associated with your activity in connection with the Services. We are not responsible for determining whether you owe taxes in connection with your access to or use of the Services or for collecting, reporting, or remitting taxes arising from your access to or use of the Services, except for our own income taxes. You agree to promptly and fully reimburse and indemnify us for any taxes, penalties, and interest assessed by any taxing authority regarding amounts owed by you in connection with these Terms or the use of the Services.
(g) Additional Terms, Representations, and Requirements
You may only access and use the Services for your own personal, non-commercial use and not on behalf of or for the benefit of any third party. You may not use Cayyesh Coins to make purchases, to transfer funds to third parties, or for any other purpose, except as expressly permitted by us. You acknowledge and agree that Cayyesh Coins: (i) are issued solely by Cayyesh and are not underwritten, funded, sponsored, or otherwise provided by any third party, including, but not limited to, the Payment Card Networks, our merchant, brand, or other clients or business partners; (ii) have no cash or other monetary value and do not act as a substitute for real currency; and (iii) are not redeemable or exchangeable for real currency or other monetary value from Cayyesh or any other third party, except as expressly provided in these Terms or otherwise required by applicable law. By accessing or using the Services, you agree not to seek to redeem or otherwise claim Cayyesh Coins from any third party, including, but not limited to, the Payment Card Networks, our merchant, brand, or other clients or business partners.
You further acknowledge and agree that: (i) Cayyesh, in its sole discretion and without any liability on its part, may impose limits, terms, and conditions on Cayyesh Coins, including, but not limited to, limits on the amount of Cayyesh Coins that may be received and redeemed, and may adjust the Cayyesh Coins in your Account; (ii) Cayyesh and the Payment Card Networks are not financial institutions and do not provide banking or payment processing services; (iii) no consideration or other value is or has been given in exchange for Cayyesh Coins; (iv) Cayyesh is not a party to your Payment Card transactions; and (v) Cayyesh is not responsible, and has no liability for, any products or services that are paid for with your Payment Card. You must resolve all disputes related to any products or services that are paid for with your Payment Card directly with the applicable merchant and/or the financial institution that issued your Payment Card.
You may not transfer, assign, sell, gift, exchange, trade, convert, lease, sublicense, rent, or distribute Cayyesh Coins, except as expressly permitted by us and subject to applicable law. Any disposition or attempted disposition of Cayyesh Coins in violation of these Terms will be void and will result in immediate termination of your Account without notice. We do not recognise or condone any third-party service that may be used to sell, exchange, transfer, or otherwise dispose of Cayyesh Coins, and we do not assume any responsibility for, and will not support, such transactions.
In addition to your other representations and warranties in these Terms, you represent and warrant that you will not access or use the Services to engage in any illegal, fraudulent, or other illicit activity. In order to redeem Cayyesh Coins through the Services, you must provide such other information and documents as requested by us to verify your identity and compliance with these Terms, including, but not limited to, your representations and warranties herein. For our compliance purposes and in order to provide the Services to you, you hereby authorise us to, directly or through a third party, obtain, verify, and record information and documentation for purposes of verifying your identity and your Payment Card and Redemption Account information.
5. SEGMENTED OFFERS; RIGHT TO TEST
Not all users will receive all offers. Offer availability will fluctuate based on a variety of factors such as geographical location, transactional history with a particular merchant, transactional trends, cookies, and Account tenure (“Best Match”). Offer appearance and offer amount may also vary depending on your transactional history with a particular merchant, transactional trends, and Account tenure. We reserve the right to apply various search algorithms or to use methods to optimise Best Match results for particular users’ experiences. Search results and order may appear different on Cayyesh’s mobile application than they appear on its website. To optimise the experience for both merchants and users, Cayyesh retains the right to run occasional tests that will be limited in duration but may alter how we display offers.
6. OWNERSHIP AND PROPRIETARY RIGHTS IN THE SERVICES
All right, title, and interest in and to the Services, including any updates, upgrades, and modifications thereto, and any associated patents, trademarks, copyrights, mask work rights, trade secrets, and other intellectual property rights, belong solely and exclusively to Cayyesh and its licensors, and, except as expressly set forth in these Terms, we do not grant you any licenses or other rights, express or implied, to the Services.
You acknowledge and agree that the Services are protected by applicable copyright, trademark, and other intellectual property laws. All words and logos displayed in connection with the Services, whether marked by the ™ or ® symbols or not, are trademarks and service marks of Cayyesh and/or their respective owners. The display of a third-party trademark in connection with the Services does not mean that we have any relationship with that third party or that such third party endorses the Services or Cayyesh or vice versa.
Subject to these Terms, we hereby grant you a limited, revocable, personal, non-exclusive, and non-transferable right and license to access and use the Services solely for your personal, non-commercial, entertainment purposes. You agree that you obtain no rights other than the rights and licenses expressly granted in the Terms. Except as expressly provided by these Terms or as otherwise expressly permitted by us, you may not use, modify, disassemble, decompile, reverse engineer, reproduce, reformat, distribute, rent, sell, license, publish, display, download, transmit, or otherwise exploit the Services in any form by any means. Without limiting the foregoing, you agree not to (and not to allow any third party to): (a) use any robot, spider, scraper, or other automatic or manual device, process, or means to access or copy the Services; (b) take any action that imposes or may impose (in our sole determination) an unreasonable or a disproportionately large load on the Services or our infrastructure; (c) utilise any device, software, or routine that will interfere or attempt to interfere with the functionality of the Services; (d) rent, lease, copy, provide access to or sublicense any portion of the Services to a third party; (e) use any portion of the Services to provide, or incorporate any portion of the Services into, any product or service provided to a third party; (f) remove or obscure any proprietary or other notices contained in the Services; or (g) use the Services for any illegal or unauthorised purpose. We may, but are not obligated to, monitor your use of the Services. We have the sole discretion to terminate immediately the Account of any User who violates this clause or the Terms.
7. RESTRICTIONS ON USE;
Without limiting any of the other conditions of these Terms and except as otherwise expressly permitted by us, you may not: (a) access or use any part of the Services for any commercial purpose; (b) access or use the Services for any illegal purpose; (c) attempt to gain unauthorised access to any other user’s Account; (d) modify or attempt to modify or in any way tamper with the Services; (e) access or use the Services in a way that may infringe upon the intellectual property or other rights of any third party, including, without limitation, trademark, copyright, privacy, or publicity rights; or (f) interfere with or disrupt networks connected to the Services or violate the regulations, policies, or procedures of such networks.
If Cayyesh, in its sole discretion, believes that there is any form of fraud or you are abusing the Services, purchasing gift cards, or redeeming offers from campaigns at a volume or denomination that is intended to abuse the Services or that appears to be consistent with manufactured spending, Cayyesh retains the right to suspend and/or terminate your Account and claw back any Cayyesh Coins received as a result of any such abuse, purchase or redemption, as may be determined by Cayyesh at its sole discretion.
8. USER CONTENT
You may be able to post, submit, publish, display, or transmit (collectively, “Share”) materials, suggestions, ideas, data, and other content through the Services (“User Content”). By sharing User Content through the Services, you represent and warrant that: (a) you are solely responsible for the transmission, accuracy, completeness, and publication of that User Content; (b) you have the right, power, and authority to Share that User Content and grant the rights and licenses to that User Content provided herein to us; and (c) the User Content does not and will not infringe or violate the rights of any third party. Any User Content will be treated as non-confidential and non-proprietary, except as otherwise provided in our Privacy Policy. You may not share User Content that is offensive; objectionable; promotes racism, discrimination, bigotry, hatred, or physical harm of any kind; harasses or advocates harassment of another person; exploits people in any manner; or contains nudity, violence, or pornographic subject matter.
You hereby grant us a royalty-free, worldwide, perpetual, non-exclusive, unrestricted, irrevocable, transferable, and sub-licensable right and license to modify, copy, reproduce, distribute, sell, publicly display, transmit, delete, make derivative works from, store, and otherwise exploit User Content and to allow others to do the same for any purpose, including, but not limited to, commercial purposes. You acknowledge and agree that you will not receive any compensation whatsoever for granting us this license to your User Content, and you hereby completely and irrevocably waive any moral or similar rights you may have in your User Content, even if such User Content is altered or changed in a manner that is not agreeable to you. This includes, but is not limited to, any claims based on invasion of privacy, idea misappropriation, other civil rights violations, or defamation. The license granted under this Section, including the related waiver of any applicable moral rights, will survive any termination of these Terms.
Without undertaking any obligation to screen or monitor User Content, we have the right (but not the obligation) to edit, modify, refuse to post, or remove any User Content that we determine, in our sole discretion, violates these Terms or is otherwise objectionable. You acknowledge and agree that we may, but are not obligated to, preserve User Content and may also disclose User Content to the extent permitted by applicable law and as provided in our Privacy Policy.
You acknowledge and agree that your communications with other users via any channel of communication via the Services may be public and that you have no expectation of privacy concerning your access to and use of the Services. You are solely responsible for your communications through the Services and your interactions with other users of the Services. However, you also understand that by participating in the Services, you are becoming part of a community that depends on the goodwill and responsible behaviour of each member. Therefore, Users are required to refrain from transmission or communication of images or text constituting ethnic slurs, explicit material, inflammatory or derogatory comments, obscenities, or anything else that may be construed as harassing or offensive. Without prejudice to other rights, Users who violate this provision, as determined by us in our sole discretion, may have their access to their account and Services suspended or terminated without notice.
9. COPYRIGHT POLICY
(a) Reporting Claims of Copyright Infringement
We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from the Website or the Application infringe your copyright, you may request removal of those materials (or access to them) from the Website and the Application by submitting written notification to our Copyright Agent (designated below).
Our designated Copyright Agent to receive Notice is:
Al Adaa Al Tasweeqi lil tatbeeqat al thakiyeh L.L.C: 8 Abdul Wahab Majali Street, Amman , Jordan; www.cayyesh.com
(b) Counter-Notification Procedures
If you believe that material you posted on the Website or the Application was removed or access to it was disabled by mistake or misidentification, you may file a counter- notification with us (a “Counter-Notice”) by submitting written notification to our copyright agent (identified below).
Completed Counter-Notices should be sent to:
Al Adaa Al Tasweeqi lil tatbeeqat al thakiyeh L.L.C: 8 Abdul Wahab Majali Street, Amman, Jordan; www.cayyesh.com
It is our policy in appropriate circumstances to disable and/or terminate the Accounts of users who are repeat copyright infringers.
10. PAYMENT TERMS
By providing your payment account information, including Payment Card, bank account, Phone Number, and Redemption Method information, to us, you represent, warrant, and covenant that: (a) you are legally authorised to provide such information to us; (b) you are legally authorised to perform payments from, and accept payments to, the payment account; and (c) such action does not violate the terms and conditions applicable to your use of such payment account or applicable law. When you authorise a payment in connection with the Services, you represent, warrant, and covenant that there are sufficient funds or credit available to complete a payment using the designated payment method.
11. THIRD-PARTY CONTENT
The information presented through the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other user of the Services. The Services may include content provided by third parties, including content provided by other users of the Services. All statements and/or opinions expressed in such content (other than the content provided by Cayyesh) are solely the opinions and the responsibility of the provider of the content and do not necessarily reflect the opinion of Cayyesh. We are not responsible, or liable to you or any third party, for the content provided by any third party.
12. THIRD-PARTY SERVICES AND LINKS
The Services may contain links to third-party websites, applications, and services that are not owned or operated by us. We do not control, and are not responsible for, any other third-party products, services, websites, or applications (collectively, “Third-Party Services”) or the Third-Party Suppliers or any other providers or sellers of Third-Party Services. Separate terms and conditions apply to Third-Party Services. You should read those terms and conditions carefully before accessing or purchasing any Third-Party Services. You are, among other things, responsible for all charges, fees, duties, taxes, and assessments in connection with your purchase of any Third-Party Services through the Services, except as otherwise provided by applicable law. You must resolve all disputes related to Third-Party Services with the applicable third party that provides and/or sells the Third-Party Services.
13. SUSPENSION AND TERMINATION
We may, in our sole discretion, suspend, limit, or terminate our services, Application, Website or your Account and your access to and use of the Services, including the Cayyesh Coins balance in your Account, at any time for any reason, without notice or liability to you, including, but not limited to, if there has been any interruption in the services due to a fault or a negligent act of a third party we deal with, or for example, if we suspect that your access to or use of the Services violates these Terms or applicable law.
You may stop using the Services and terminate your Account at any time by contacting us. Upon the termination of your Account, you must cease all use of the Services, and you shall forfeit any Cayyesh Coins balance remaining in your Account. Termination of your Account and your access to and use of the Services will not affect any of our rights or your obligations arising under these Terms prior to such termination. In the event you or Cayyesh terminates your Account, you agree that we may retain your data, including personal and transaction information, for them as long as necessary from the date of termination in order to fulfil the purposes we collected it for, including for audit and merchant invoicing purposes. Provisions of these Terms that, by their nature, should survive termination of your Account and your access to and use of the Services will survive such termination.
14. INDEMNIFICATION
You agree to indemnify, hold harmless, and (at our request) defend us, our affiliates, and our and their respective employees, officers, directors, and agents, as well as the Payment Card Networks, from and against all claims, demands, suits, damages, costs, lawsuits, fines, penalties, liabilities, and expenses, including reasonable attorneys’ fees, that arise from any third-party claim due to or arising out of: (a) User Content you share through the Services; (b) your use of the Services; (c) your breach or alleged breach of these Terms; (d) your violation of applicable law, including, but not limited to, infringement of third-party intellectual property rights; or (e) your other actions or omissions that result in liability to us. We reserve the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify us under these Terms, and you agree to cooperate with our defence of these claims.
15. DISCLAIMERS
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR ACCESS TO AND USE OF THE SERVICES AND ALL INFORMATION, PRODUCTS, AND OTHER CONTENT (INCLUDING THAT OF THIRD PARTIES) INCLUDED IN OR ACCESSIBLE THROUGH THE SERVICES ARE AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, AND WE AND ANY ACQUIRER WE USE OR POS SERVICE WE DEAL WITH OR THE PAYMENT CARD NETWORKS EXPRESSLY DISCLAIM ANY AND ALL LIABILITY, CONDITIONS, REPRESENTATIONS, WARRANTIES, EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
WITHOUT LIMITING THE FOREGOING, WE, ANY ACQUIRER OR POS SERVICE WE DEAL WITH, AND THE PAYMENT CARD NETWORKS MAKE NO WARRANTY THAT (A) THE SERVICES WILL MEET YOUR REQUIREMENTS; (B) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE; (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS; OR (E) ANY ERRORS IN THE SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY US OR ANY OF OUR AUTHORIsED REPRESENTATIVES WILL CREATE ANY WARRANTY.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. HOWEVER, ANY LIMITATION WILL BE CONSTRUED TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
16. LIMITATIONS OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE, OUR AFFILIATES, THE PAYMENT CARD NETWORKS, AND THEIR AND OUR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, AND AGENTS WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO OR USE OF THE SERVICES OR ANY INFORMATION, PRODUCTS, OR OTHER CONTENT (INCLUDING THAT OF THIRD PARTIES) INCLUDED IN OR ACCESSIBLE THROUGH THE SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. WITHOUT LIMITING THE FOREGOING AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN THE EVENT YOU OR ANY OTHER PERSON OR ENTITY IS ENTITLED TO DIRECT DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS, USE, OR INABILITY TO ACCESS OR USE, THE SERVICES OR ANY INFORMATION, PRODUCTS, OR OTHER CONTENT (INCLUDING THAT OF THIRD PARTIES) INCLUDED IN OR ACCESSIBLE THROUGH THE SERVICES, THE LIABILITY OF CAYYESH, OUR AFFILIATES, THE PAYMENT CARD NETWORKS, AND OUR AND THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, AND AGENTS, (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) WILL NOT EXCEED 70 JORDANIAN DINARS.
IN ADDITION TO AND WITHOUT LIMITING ANY OF THE FOREGOING, WE AND THE PAYMENT CARD NETWORKS WILL HAVE NO LIABILITY FOR ANY FAILURE OR DELAY RESULTING FROM ANY CONDITION BEYOND OUR REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, ACTS OF GOD, ACTS OF TERRORISM, PANDEMICS, LABOR CONDITIONS, POWER FAILURES, INTERNET DISTURBANCES, OR ANY SERVICES OR SYSTEMS CONTROLLED BY THIRD PARTIES.
THE LIMITATIONS IN THIS SECTION DO NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
17. NOTICES
By signing up to an Account, you agree to receive communications that are related to the Services as well as periodic related emails that highlight deals and offers.
We will send all notices and other communications regarding the Services to you at the email address or physical address you provided for your Account, as may be updated by you from time to time. You will be considered to have received a notice from us regarding the Services when we send it to the email address or physical address we have in our records for you or when we post such notice on the Website or the Application.
Except as otherwise provided in these Terms, all notices to us that are intended to have a legal effect must be delivered via email to legal@cayyesh.com. All such notices are deemed effective upon documented receipt by us.
18. GOVERNING LAW
These Terms and the integrated Privacy Policy are governed by the laws of the Hashemite Kingdom of Jordan, and are subject to the sole and exclusive jurisdiction of the central courts of Amman (Palace of Justice).
19. MISCELLANEOUS
These Terms, including our Privacy Policy and any Additional Terms, constitute the entire agreement between you and us regarding the Services and supersede and replace any prior agreements and communications between you and us, except as expressly set forth herein.
Without prejudice to our right to unilaterally amend or modify the Terms, these Terms may not be modified, supplemented, qualified, or interpreted by any trade usage or prior course of dealing not expressly made a part of these Terms.
These Terms and any rights hereunder may not be transferred or assigned by you without our prior written consent but may be assigned by us without restriction and without your prior consent. Any attempted transfer or assignment by you without our prior written consent will be null and void.
No agency, joint venture, partnership, trust, or employment relationship is created between you and us by way of these Terms. The invalidity or unenforceability of any provision of these Terms will not affect the validity of these Terms as a whole and any such provision should be enforced by authorities, and reconstructed if need be, to apply to the maximum extent allowable under applicable law.
The failure by us to enforce at any time any of the provisions of these Terms, to exercise any election or option provided herein, to require at any time your performance of any of the provisions herein, or to enforce our rights under these Terms or applicable law will not in any way be construed as a waiver of such provisions or rights. The section headings used herein are for convenience only and will not be given any legal import.
20. CONTACT US
If you have any questions regarding these Terms or the Service, please contact us.
21. REVISION HISTORY
Version 1.0 (effective May 15, 2020 to present)
