TERMS OF SERVICE AND END USER LICENSE AGREEMENT
TERMS & CONDITIONS
Services: means Discounti Services as described by these Terms & Conditions.
App/Discounti: means Discounti platforms where by it the Services shall be used.
We, Us, Our, or PPC: shall refer to PPC for Digital Marketing Services S.A.E., its employees and authorized agents.
Users, You, or Your: shall refer to the users of our Services.
Third Party Providers, Service Providers, OR Merchants: shall refer to the Food & Beverage, Fashion, Beauty and Health, Entertainment, and Others, which are considered the contractors and/or the entities which provide us with the Services hereunder.
Force Majeure: means an act of God, including but not limited to fire, floods, storms, hurricanes, typhoons, volcanic activities, or earthquakes, as well as acts, orders or requests of a sovereign or a government and /or of anybody purporting to be or to act for such authority, wars, whether declared or not, war-like actions, revolutions, riots , civil insurrections, or civil commotions , as well as strikes, lock outs, and/or similar actions in labor disputes, and any other comparable cause beyond the control of a party unless its performance has been expressly guaranteed by expressly waving the exemption of a Force Majeure event.
Coupons: means vouchers entitling the User to a discount/incentive in relation to products and services that are offered by Merchants throughout our App.
Coupons Expiration Date: means the date stated on the Coupons when the discount value expires.
Merchants Offers: means the goods and/or services to be provided by the Merchants, which are listed on our App. Any Values and/or prices are determined by Merchants.
Affiliate: any entity that directly or indirectly controls, is controlled by, or is under common control with another entity.
Applicable Laws: means the laws of the Arab Republic of Egypt.
- The following Terms & Conditions shall apply to all Users in relation to the Services provided by Discounti through our App, which may be accessed or used the User. These Terms & Conditions come into force upon use of our Service through the App and/or Website or through any other form of communication with Discounti.
- User agrees and accepts that the use of the Services provided by Discounti is at the sole liability of himself/herself, and further acknowledges that Discounti disclaims all representations and warranties of any kind, whether expressed or implied.
- Our Services may include text, data, graphics, images, or other content (collectively, “Content”) created by us or third parties, including Merchants, or as the case may be.
- Discounti is a Mobile App and Website which provides Users with a comprehensive one-stop-shop for instant discounts in accordance with their demographics, preferences, purchasing power and location “Service”. The Services are provided for your convenience.
- By using our App, you can access a variety of exclusive offers and deals from different categories of our listed Merchants, where you will receive personalized notifications on your smartphone with your preferred discounts and deals.
- We are authorized to promote and sell Coupons on Merchants' behalf throughout our App and/or Website subject to the terms of these Terms & Conditions and the agreement between us and the Merchants. Coupons shall be considered as the evidence of the Merchant Offers and will be listed on our App. The User will redeem the Coupons with the Merchant in accordance with these Terms & Conditions. Merchant is the issuer of the Coupons and seller of the Merchant Offers.
- Coupons offered to Users through Discounti shall be subject to the Rules of Use stated on the Coupons specified by Merchants.
- The Services may be offered through a variety of distribution channels, including, the App, the Internet, the Website, Affiliate websites, business partner network, email, mobile applications, SMS, and/or other types of electronic offerings and other platforms or distribution channels owned, controlled, or operated by Discounti.
- We shall have the right to reduce or extend the Coupons Expiration Date.
- We reserve the continuing right to reject, revise, or discontinue any Merchant Offers, at any time and for any reason in our sole discretion, and to terminate the Merchant Offers and to remove all references to the Merchant Offers and Coupons from the App.
- Merchant agrees that in providing the Merchant Offers, Merchant will not inflate prices or impose any additional fees, charges, conditions or restrictions that contradict or are inconsistent with the Rules of Use stated on the Coupons. Merchant further agrees not to impose different terms or a different cancellation policy than what is imposed on its non-Discounti Users.
- Before obtaining Service from any Merchants listed in our App, User and Merchant should take the same care they would take under any other circumstance, including confirming licensure and specialty certifications. The Merchants are solely responsible for the appropriateness and quality of the Services which they provide. Additionally, the Services listed in our App are listed in accordance with the information submitted by the Merchants themselves. The Merchants provide us with the Services’ information and data. Discounti shall do the reasonable endeavor to modify any inaccurate information provided by the Merchants prior to including it on our App.
- All Coupons listed on our App shall be redeemed through our redemption process only as stated in these Terms & Conditions.
- As part of the registration process, you are required to provide us with certain information and to keep the information true, current, complete and accurate at all times. This information includes, but is not limited to the following:
- Full Name
- Date of Birth
- E-mail Address
- Mobile Number
- Each User shall create only one account and shall not be able to create more than one account with Discounti or use their account jointly with other Users.
5-USE OF THE SERVICES
- Subject to the User`s compliance with this Agreement, Discounti grants the User a limited, non-exclusive, non-sub licensable, revocable, non- transferrable license to:
- Access and use the App solely in connection with the provision of the Services;
- Access and use any content, information and related materials that may be made available through the Services; and
- Access and use the App and Website interface solely in connection with the provision of the Services. Any rights not expressly granted herein are reserved by PPC and may be revoked at any time.
- Discounti shall provide Coupons to be redeemed through the App in order to be used by the User in relation to the Merchants’ Products/Services.
- Discounti provides different types of discounts and deals, which are as follows:
- Percentage Discounts
- Cash-Value Discounts
- Buy One Get One
- Free Gift
- User shall follow and comply with the following “Rules of Use” of the Coupons as follows:
- Only one Coupon shall be redeemed by the User for each invoice and/or visit;
- In cases of multiple Discounti Users, only one User shall be permitted to redeem the Coupon on the same invoice/visit;
- Discounts and deals shall only be applicable on the Products/Services specified in Coupons;
- Discounti shall not be liable or responsible if Merchant refused to redeem the Coupon;
- Such Coupons may be exclusive of VAT or any other charges which may be applied;
- For Buy One Get One Deals: The item of the same or lower price shall be deducted from the total bill amount.
- For the Food & Beverage Category:
- For every 2 Users, only 1 coupon can be redeemed – For example, for 2 or 3 Users, 1 coupon can be redeemed, for 4 or 5 Users, 2 coupons can be redeemed, and so on. There is no cap on the total number of redemptions on the table.
- Use of Buy One Get One Deals requires a minimum of 2 users on the table.
- All of the Rules of Use mentioned above shall be applicable, unless specified otherwise by the Merchant. The applicable Rules of Use for each Coupon will be included in the Coupon on the App.
- All savings calculated through the App are estimated amounts. These savings do not have any monetary value and cannot be exchanged for cash.
- In case of fraudulent activities performed by Users in regards to the redemption process (mentioned in the section below), PPC reserves the right to ban the User from redeeming Coupons from the merchant for a period of time. In case of repeated incidents of fraudulent activities from the User, PPC reserves the right to block the User from using the App for a period of time.
User shall use our redemption process to redeem the Coupons from the Merchants as follows:
- User visits the Merchant’s store.
- User informs the store representative that he/she would like to use Discounti BEFORE start of service or BEFORE ordering the bill.
- User hands the phone over to the store representative in order for him/her to enter the Branch PIN Number and Bill Amount (After Discount) on the User’s phone.
- The store representative shall click on the “VALIDATE” button in order to successfully complete the redemption process.
- A message will appear on the User’s phone showing that the Coupon has been successfully redeemed, along with the “Estimated Savings” and “Transaction ID” resulting from the transaction.
7-PRIZES and GIFT VOUCHERS
- This voucher is valid for 30 days from the date of receiving it.
- The voucher can be redeemed at any Discounti App Merchant Partner or at specific Merchant Partner(s) mentioned in the voucher.
- The voucher is non-refundable and cannot be exchanged for cash in part or full.
- The voucher is valid for a single transaction only.
- This voucher is not valid in conjunction with any other discount offers, promotions or loyalty/rewards programmes.
- No extension of the expiry date from the date of issue will be allowed.
- The management retains the right to reject any voucher that has been tampered with or found in any way unacceptable.
- PPC shall not be responsible if the voucher is lost, stolen, damaged or destroyed and no replacement will be provided in these circumstances.
- The product that has been bought by the voucher cannot be returned nor replaced.
- The voucher should be presented prior to payment or requesting the bill.
- The winner should produce his/her National ID to PPC, and he/she cannot use the voucher without his/her National ID. Only the winner will be the person eligible to use the voucher (i.e. it cannot be transferred to another person).
- Discounti is only a technology platform and shall not be held liable for any failure related to the Service. Discounti shall not be held liable in any case or for any matter related to, for example but not limited to, redemption of any Coupons provided by the Merchants. Discounti is a mediator that connects the User with the Merchants in relation to the Service.
- Merchants are independent upon an agreement with PPC and are not employees, representatives, and/or agents of PPC. PPC is not responsible for any negative matter that may occur in relation to the Services provided by the Merchants. It is the Merchants’ responsibility to complete the process as expressed in the agreement between PPC and the Merchants such as, but not limited to quality of Products/Services, timing, and legality. Any breach of the said agreement shall result in the termination of the Merchants from Discounti.
- The User acknowledges that PPC has no responsibility or liability to any service quality and/or any matter related to the products/Services which are provided to the User by the Merchants through the use of the Services.
- PPC does not guarantee the suitability, safety or ability of Merchants, it is solely the User’s responsibility to determine if the Merchants will meet the User`s needs and expectations.
- User and Merchants agree that PPC shall not participate in disputes between the User and the Merchants in any cases. Whereas, by using the said Services the User acknowledges the potential risks of the Merchants. Accordingly, the usage of the Services is at the User’s own personal risk and judgment, and PPC shall not have any liability arising from or in any way related to the User’s relationship with the Merchants.
- The User should report to Discounti any complaint in relation to the Services through the App.
- PPC shall be entitled to add to or amend any or all of these Terms & Conditions at any time and the User shall be bound by such addition, variation or amendment once such addition, variation or amendment is incorporated into these Terms & Conditions in the App on the date that PPC may indicate that such addition, variation or amendment is to come into effect.
- Merchant shall have the right to cancel the Merchant Offer, where the User agrees and acknowledges that PPC shall not be liable in such case.
- PPC shall, in no event and in all cases, be held responsible or liable for any Services provided by Merchants.
- Discounti shall provide its Services as “it is” basis.
- Discounti shall do the reasonable endeavors to meet its obligations under these Terms & Conditions and will provide a standard of care to provide the Services in an appropriate and timely manner to the User.
- All the phone calls made to Discounti’s call center shall be recorded by Discounti for quality assurance and training purposes. In the event where the User providers an inquiry through our App with respect to our Services or terms of Service, the User hereby expressly agrees to consent to receive our responses, whether by way of telephonic calls or electronic mail, to such inquiry and all related information with respect to our Services. For removal of doubts, related information shall include without limitation any marketing and/or commercial information. The User understands and agrees that such information shall in no event qualify as unsolicited commercial communication under any other Applicable Laws.
- In order to use most aspects of the Services, you must register and maintain an active personal user Services account (“Accounts”). You must be at the age of legal capacity in your jurisdiction to obtain an Account.
- Account registration requires you to submit to Discounti certain personal information as stated in Clause (4): REGISTRATION, you agree to maintain accurate, complete, and up to date information in your Account. Your failure to maintain accurate, complete, and up to date Account information may result in your inability to access and use the Services or termination of this agreement with you.
- You are responsible for all activity that occurs under your Account, and as such, you agree to maintain the security of your Account username and password at all times.
By creating an Account, you agree that you are communicating with us electronically. Therefore, you consent to receive communications from us electronically. We may communicate with you via e-mail or may send you information text (SMS) messages, as well as by posting notices on the App as part of the normal business operation of your use of the Services, you acknowledge that opting out of any of the said means of communication may impact your use of the Services.
12-INTELLECUAL PROPERTY RIGHTS
The User shall not use any copyright, trademark or any intellectual property rights belonging to Discounti at any time while using the Services, except as may be permitted by Applicable Laws.
User(s) shall not disclose any information received under the contract of service with PPC to any third party. Access to any information which pertains to business of PPC shall be kept confidential to the extent that it might adversely impact PPC’s business. User(s) shall be liable to indemnify PPC against any loss of business or reputation due to the act of the User(s).
- It is expressly made clear to you hereby that PPC does not, directly or indirectly, employ any Merchants. All Merchants are considered as third-party providers and PPC disclaims any and all liability for any Service provided through the App by the Merchants.
- The information contained in this App is for general information purposes only, the information provided by Discounti while we endeavor to keep the information up to date and correct, we make no representations or warranties of any kind, expressed or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the App or the information, products, services, or related graphics contained on the App for any purpose. Any reliance on such information is therefore strictly at your own risk.
- The Services are provided “as is” and “as available.” PPC disclaims all representations and warranties, expressed, implied or statutory, not expressly set out in these terms, including the implied warranties of merchantability, fitness for a particular purpose and non-infringement, in addition, PPC makes no representation, warranty, or guarantee regarding the reliability, timeliness, quality, suitability or availability of the Services or any services or goods requested through the use of the Services, or that the services will be uninterrupted or error-free. PPC does not guarantee the quality, suitability or ability of Merchants. You agree that the entire risk arising out of your use of the Services, and any Services requested in connection therewith, remains solely upon your responsibly to the maximum extent permitted under Applicable Laws.
- PPC shall be entitled to disclose to all companies within its group, or as so required by the law or by directive or requested from any governmental body, the particulars of the User in the possession of Discounti in any way as PPC in its absolute discretion, deems suitable, or if it considers it in its interests to do so.
- Discounti and/or PPC are hereby authorized to use the location-based information provided by any of the telecommunication companies or through other means when the User uses the mobile phone to request any of our services, the location-based information will be used only to facilitate and improve the Services and for marketing purposes.
15-LIMITAION OF LIABILITY
- PPC shall not be liable to you for indirect, incidental, special, exemplary, punitive, or consequential damages, including lost profits, lost data, and personal injury.
- PPC shall not be liable for any damages, liability or losses incurred by you arising out of your use of or reliance on the Services or your inability to access or use the Services or any relationship between you and the Merchants. PPC shall not be liable for delay or failure in performance resulting from causes beyond PPC’s reasonable control.
PPC shall not be liable for any delay, interruption or failure in the provisioning of services if caused by the Force Majeure.
If any part of these Terms & Conditions is found to be invalid or unenforceable under Applicable Laws, such part will be ineffective to the extent of such invalid or unenforceable part only, without affecting the remaining parts of the Terms & Conditions in any way.
- The rights and obligations of the parties pursuant to these Terms & Conditions are governed by, and shall be construed in accordance with, the laws of the Arab Republic of Egypt.
- You hereby irrevocably submit to the exclusive jurisdiction of the Courts of the Arab Republic of Egypt for any dispute arising under or relating to these Terms & Conditions and waive your right to institute legal proceedings in any other jurisdiction. We shall be entitled to institute legal proceedings in connection with any matter arising under these Terms & Conditions in any jurisdiction where you reside, do business or have assets.
No waiver of any of the provisions of this Agreement will be deemed to constitute a waiver of any other provision nor shall such a waiver constitute a continuing waiver unless otherwise expressly provided in writing duly executed by the party to be bound thereby.