Denarii Application Terms & Conditions
You will also be subject to such other guidelines, notices and terms at the time that you initiate a transaction using the Mobile Application ("Service Terms"). If these Terms and the Other Terms are inconsistent with the Service Terms, those Service Terms will take precedence.
1.1. "Personal Information" means the details provided by you (e.g. name, address, email, identification number, etc.) on registration;
1.2. “Services” means the following services provided by Denarii and where Denarii acts solely as an intermediary by providing an online platform and application to enable subscribers and registered users of the App to (a) obtain, from Searchfuse Marketing Management LLC, closed loop vouchers or e-vouchers using approved credit or debit cards (Visa or Mastercard) which can be redeemed for services on the Mobile application; and (b) transfer digital assets in and out of the subscribers and registered users multi-signature wallet registered by the subscribers and registered users.
1.3. "UAE" means the United Arab Emirates;
1.4. "We/us/ Denarii/ DC" means [Denarii operating entity];
1.5. "Mobile Application" means the Denari App available on the Apple App Store or the Google Play Store; and
1.6. "You/your" means any person who uses the Mobile Application, the Services in any manner whatsoever.
2. USE OF THE MOBILE APPLICATION
2.1. You are provided with access to this Mobile Application in accordance with these Terms and any orders placed by you must be placed strictly in accordance with these Terms. Our Website is intended for use by people resident in countries worldwide. We accept transactions from addresses within and outside the UAE.
2.2.1. By registering as a user of our Mobile Application, you warrant that:
18.104.22.168. the Personal Information which you provide when you register as a user is true, accurate, current and complete in all respects; and
22.214.171.124. you will review and update your Personal Information by logging into your account or by contacting our customer service team.; and
126.96.36.199. you are at least 18 years old. Minors under the age of 18 are prohibited to register as a user of our Mobile Application and are not allowed to transact or use our Mobile Application.
2.2.2. You agree not to impersonate any other person or entity or to use a false name or a name that you are not authorized to use.
2.2.3. You will use your email as a profile login and choose a password upon registration. You are responsible for maintaining the confidentiality of your password and account e-mail login, and are fully responsible for all activities that occur under your password or account e-mail login. You agree to immediately notify us of any breach of security by contact [email protected]
2.3. Our rights We reserve the right to:
2.3.1. modify or withdraw, temporarily or permanently, this Mobile Application (or any part thereof) with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the Mobile Application; and/or
2.3.2. change these Terms and Other Terms from time to time in accordance with clause 15 - Our Right to Vary these Terms. If you do not agree to such amended terms, you must stop using the Mobile Application. If you continue to use the Mobile Application, you will be deemed to have accepted the amended terms.
2.3.3. We reserve the right to withdraw any Services from time to time in accordance with clause 3.2.3.
3. INITIATING A TRANSACTION
3.1. Initiation. By initiating a transaction through our Mobile Application, you warrant that you are:
3.1.1. legally capable of entering into binding contracts; and
3.1.2. at least 21 years old.
3.2. How the contract is formed between you and us
3.2.1. After initiating a transaction, you will receive an email from us acknowledging that we have received your request. Please note that this does not mean that your request has been accepted. Your request constitutes an offer to us on the Transaction. All transactions are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail ("Transaction Confirmation"). The contract between us ("Contract") will only be formed when we send you the Transaction Confirmation.
3.2.2. The Contract will relate only to those Services we have confirmed in the Transaction Confirmation. We will not be obliged to supply any other services which may have been part of your request until confirmed in a separate Transaction Confirmation by us. All payments are processed immediately after your Transaction Confirmation.
3.2.3. Non-acceptance of an order may be a result of one of the following:
188.8.131.52. Our inability to obtain authorisation for your payment.
184.108.40.206. The identification of a pricing or service description error.
220.127.116.11. You not meeting the eligibility criteria set out in these Terms.
3.2.4. If you do require any information regarding your transactions, please see the “transaction history” in your account or contact our customer service team.
4. TRANSACTION CANCELLATION AND NO REFUND
You may not cancel a transaction once executed and delivered and no refund is possible once a transaction is made. Refund against Cancellation of Transfers returned unpaid/ undelivered for whatsoever reason will be refunded to the sender at the prevailing market buying rate or transaction rate whichever is lower, excluding the sending charges, any deductions from the beneficiary bank, cancellation fees and any other expense incurred as a result.
5. TRANSFERS & SERVICES
5.1. Upon adding the beneficiary details, the sender/ customer confirms and acknowledges the correctness, authenticity and legality of all the transaction details and will be held responsible for the same.
5.2. In case the sender is a corporate, we will deal with the person(s) duly authorized by the company supported by an authorization letter signed by the authorized signatory of the company.
5.3. We reserve the right to use services of banks and financial institutions in either country where the transfer is proposed. Correspondent and/or intermediary charges are applicable to some countries and will be deducted at the receiving end.
5.4. All types of remittances conducted by the customers are subject to local, Federal and international Laws as well as the Central Bank of UAE regulations. All customer information and supporting documents must be provided as per requirements of local and international regulations and standards. The transaction maybe blocked by any parties involved if found suspicious.
5.5. The sender and beneficiary will be fully responsible for providing necessary evidence and clarification about any query, including the source of fund, to prove legitimacy and legality of the information and fund involved as well as any follow-ups required with the concerned authorities to effect the payment or claim a refund.
5.6. Any transaction related complaint should be lodged within a maximum period of fourteen (14) days from the date of transaction. We will take all possible efforts to resolve any issues for services provided by a third party by coordinating with the concerned service provider. The company has no liability as an agent towards any related services. The third party will be fully liable for the completion of its service in accordance with its terms and conditions.
5.7. For individuals; the documents that are required to be provided as part of our Customer Due Diligence are a valid ID such as UAE National ID or Passport with a valid UAE visa must be provided while making remittance transactions.
5.8. For companies; the documents that are required to be provided as part of our Customer Due Diligence are a Licence copy (Mainland/ Freezone), Incumbency Certificate, Managers Passport Copy must be provided while making a remittance transaction.
5.9. Each transaction holds a minimum financial threshold. Should such threshold be crossed the documents that are required to be provided as part of Enhanced Due Diligence are Salary Certificates, Bank Statements and other documents as required.
6. FOREIGN EXCHANGE RATE
6.1. Money transfer payments will normally be made in the currency of the destination country (in some countries payment is available only in an alternate currency). All currency is converted at Denarii’s then current rate of exchange. Denarii calculates its rate of exchange based on current exchange rates. Most rates of exchange are adjusted several times daily in line with the relevant closing rate of financial markets globally.
6.2. The currency will be converted at the time of transfer and the Receiver will receive the foreign currency amount shown on this form.
7. OUR LIABILITY
7.1. We are only an intermediary to facilitate the Transaction. We do not and are not involved in the actual [money transfer and remittance]. This remittance and money transfer contract is between you and the merchant.
7.2. Denarii and it’s agents are indemnified and held harmless from any claims including but not limited to delays, delivery failures, and mistakes, losses resulting from any wrong information in the transaction receipt as well as force majeure events or any other circumstances beyond our control. We have the right to recover any amount paid due to errors or oversight.
7.3. To the maximum extent permitted under law, all representations, warranties, terms, conditions whether expressed or implied including merchantable quality, fitness for purpose, usage, sample, quality whether arising by law or custom are fully disclaimed and excluded. We are not liable for any damages, losses, compensation however arising whether directly or indirectly and whether special, indirect, consequential arising out of your use of the Mobile Application. Despite this, in case a court of competent jurisdiction finds us liable, our liability (whether under contract, tort, statute, law or otherwise) shall not exceed USD$10.
7.4. Our liability under these Terms is strictly limited upto the maximum amount equal to the we receive from the merchant in relation to the transaction that you have questioned or USD$10 whichever is the lower provided that you have claimed all you can first from the merchant.
7.5. This does not include or limit in any way our liability:
7.5.1. for death or personal injury caused by our negligence; or
7.5.2. for fraud or fraudulent misrepresentation.
7.5.3. We are not responsible for indirect losses which happen as a side effect of the main loss or damage, including but not limited to:
18.104.22.168. loss of income or revenue;
22.214.171.124. loss of business;
126.96.36.199. loss of profits or contracts;
188.8.131.52. loss of anticipated savings;
184.108.40.206. loss of data; or
220.127.116.11. waste of management or office time however arising and whether caused by tort (including negligence), breach of contract or otherwise.
7.6. We are not responsible for third party costs incurred such as bank charges or merchant charges should there be requests for refund or cancellation
8.1. You agree to indemnify, defend and hold us harmless and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees (“Affiliates”) from any claim or demand, including any attorneys’ fees and costs, made by any third-party due to, arising out of, or relating to your use of these Mobile Application, your breach of these Terms or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
8.2. You agree to indemnify, defend and hold us and our Affiliates harmless from and against any and all claims, loss, damage, tax, liability and/or expense that may be incurred by us and/or our Affiliates arising out of or in connection with the performance of its duties as described in these Terms including the legal costs, fees and expenses of defending itself against any claim by any or all of the parties to any transaction and/or by any other person and/or as a result of you taking any action or refraining from taking any action or instituting or defending any action or legal proceeding.
9. DATA PROTECTION
9.1. We shall implement and maintain a comprehensive database security program that contains appropriate security measures to safeguard any personal information submitted by you. For these purposes “personal information” shall mean:
9.1.1. An individual’s name (first initial and last name or first name and last name)
9.1.2. Email Address
9.1.3. Address and telephone number
9.1.4. National ID – Emirates ID number
9.1.5. Debit or credit card number
9.1.6. Financial account number
9.1.7. Personal identification/Email ID used or password that would permit access to your Denarii account.
9.1.8. Any combination of the foregoing that would allow a person to log onto or access your account.
9.2. Notwithstanding the foregoing “personal information” shall not include information that is lawfully obtained from publicly available information, or from federal, state or local government records lawfully made available to the general public.
10. INTELLECTUAL PROPERTY AND RIGHT TO USE
10.1. Unless otherwise stated, the copyright and other intellectual property rights in the content on the Mobile Application are owned by us only unless mentioned it belongs to our licensors. Any access or use of the Mobile Application for any reason other than your personal, non-commercial use is prohibited.
10.2. No part of the Mobile Application may be reproduced or stored in any other Mobile Application or included in any public or private electronic retrieval system or Mobile Application without our prior written permission.
10.3. You acknowledge and agree that the material and content contained within the Mobile Application is made available for your personal non-commercial use only and that you download such material and content onto only one computer hard drive for such purpose. Any other use of the material and content of the Mobile Application is strictly prohibited without our permission and without reference to us.
10.4. You agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content. You will notify us immediately if you come across any third party who do or attempt to do any the above.
10.5. This Agreement does not transfer from Denarii to you any Denarii or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with [Denarii] logo, and all other trademarks, service marks, graphics and logos used in connection with [Mobile Application], or the Mobile Application are trademarks or registered trademarks of Denarii or our licensors. Other trademarks, service marks, graphics and logos used in connection with the Mobile Application may be the trademarks of other third parties. Your use of the Mobile Application grants you no right or license to reproduce or otherwise use any Denarii or third-party trademarks.
11. GROUP OF COMPANIES
Denarii operates as a group of companies. These companies are owned and managed by one of the key shareholders of Denarii. The related group of companies form a part of the structure and each has a specific role. The related group of companies are set up in specific jurisdictions with specific roles that they have entered into with providers.
11.1. Each of the companies under the Group of Companies mentioned above is a corporation, partnership or limited liability company duly organized, as the case may be:
11.1.1. validly existing and in good standing under the laws of its jurisdiction of incorporation;
11.1.2. works in tandem with each other in order to conduct business as per the jurisdictional requirement with the relevant licence
11.1.3. signs agreement with relevant service providers/ authorities to ensure business is being carried out with the right provisions in place as per local requirements.
For more information, please email [email protected]
12. COPYRIGHT INFRINGEMENT
As we ask others to respect our intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by [Mobile Application] violates your copyright, you are encouraged to notify us and we will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. We will terminate a visitor’s access to and use of the Mobile Application if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Denarii or others. In the case of such termination, we will have no obligation to provide a refund of any amounts previously paid to us.
13. EVENTS OUTSIDE OUR CONTROL
13.1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control ("Force Majeure Event").
13.2. A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
13.2.1. strikes, lock-outs or other industrial action;
13.2.2. civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
13.2.3. fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
13.2.4. impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
13.2.5. impossibility of the use of public or private telecommunications networks; • the acts, decrees, legislation, regulations or restrictions of any government; and
13.2.6. countries or jurisdictions in which we are not permitted by law to do business.
15. THIRD PARTY LINKS
Links to third party websites on the Mobile Application are provided solely for your convenience. If you use these links, you leave the Mobile Application. We have not reviewed any of these third-party websites and do not control and we are not responsible for these websites or their content (including their terms and conditions) or availability. We therefore do not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third-party websites linked to the Mobile Application, you do so entirely at your own risk.
You agree that any suggestions, ideas, product uses and potential uses, product ideas, feedback or other information about the Mobile Applications or our Services ("Suggestions"), provided by you to us are non-confidential to you and shall become our sole property. We will own all of the rights, exclusively, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Suggestions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
17. OUR RIGHT TO VARY THESE TERMS
We have the right to revise and amend these Terms and the Other Terms from time to time. It is your responsibility to check our Website periodically for changes. Your continued use of or access to our Mobile Application and/or initiating a transaction following the posting of any changes to these Terms and the Other Terms constitutes acceptance of those changes.
18.1. United Arab Emirates is our country of domicile. These Terms are binding upon each party hereto and its successors and permitted assigns, and shall be governed by and construed in accordance with the Laws of Dubai and Laws of the United Arab Emirates without reference to the conflict of law principles thereof and the parties irrevocably submit to the non-exclusive jurisdiction of the Dubai Courts. For the avoidance of any doubt, any dispute or claim arising out of or in connection with our Mobile Application shall be governed and construed in accordance with the Laws of Dubai and Laws of the United Arab Emirates.
18.2. These Terms and all of your rights and obligations under it, is not assignable or transferable by you without our prior written consent.
18.3. No failure or delay by a party in exercising any right, power or privilege under these Terms will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise therof or the exercise of any other right, power, or privilege under these Terms.
18.4. The invalidity or unenforceability of any provision of these Terms will not invalidate any other provision of these Terms, all of which will remain in full force and effect.
18.5. If you reside in or are subject to the laws of a jurisdiction anywhere in the world whose common, statutory, regulatory, or codified law would void these Terms in whole or in any essential part (the essential parts being at least, but not only, the exclusive venue and exclusive remedy provisions, and the warranty disclaimers), or which make accessing the Mobile Applications illegal, you do so entirely at your own risk.