Terms & Conditions
WINNAR TRADING LLC TERMS AND CONDITIONS
These Terms & Conditions constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and WINNAR TRADING LLC (“we,” “us” or “our”), concerning your access to and use of the www.winnar.com website as well as any other media form, media channel, mobile, website or mobile application related, linked, or otherwise connected thereto (collectively, the “Website”).
You agree that by accessing the Website, you have read, understood, and agree to be bound by all of these Terms & Conditions. If you do not agree with all of these Terms & Conditions, then you are expressly prohibited from using the Website and you must discontinue use immediately.
Supplemental terms and conditions or documents that may be posted on the Website from time to time are hereby expressly incorporated herein by reference including but not limited to the Privacy Policy and the Cookies Policy. We reserve the right, in our sole discretion, to make changes or modifications to these Terms & Conditions at any time and for any reason whatsoever.
It is your responsibility to periodically review these Terms & Conditions to stay informed of updates. You will be subject to and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms & Conditions by your continued use of the Website after the date such revised Terms & Conditions are posted.
- INTELLECTUAL PROPERTY RIGHTS
- Unless otherwise indicated, the Website is our proprietary property and all source code, databases, functionality, software, Website designs, audio, video, text, photographs, and graphics on the Website (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights of the United Arab Emirates and international conventions.
- Unless otherwise indicated, the Website is our proprietary property and all source code, databases, functionality, software, Website designs, audio, video, text, photographs, and graphics on the Website (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights of the United Arab Emirates and international conventions.
- “Intellectual Property” means all trademarks, patents, inventions (whether patentable or not), copyrights, moral rights, product designs, design rights, trade names, business names, service marks, logos, service names, trade secrets, domain names, database rights and any other intellectual property or proprietary rights (whether registered or unregistered) including rights in computer software and all registrations and applications to register any of the aforesaid items.
- USE OF WEBSITE CONTENT
- All information, text, materials, graphics, products, product names, images, designs, tag lines, logos, button icons, images, video and audio clips, trademarks, trade names, service names (whether registered or not), advertisements, layout, arrangement, graphical user interface, look and feel, and control features of the Website are provided to you as a service to allow you and other users to browse our products and services.
- You are only permitted to access and use this Website for your personal, non-commercial purposes, and you must not:
- modify, publish, transmit, transfer, sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the Website Content, in whole or in part, except as otherwise expressly permitted in these Terms;
- use this Website in violation of any applicable law or regulation;
- use this Website to transmit, distribute, store or destroy material, including without limitation Website Content, in a manner that will infringe our copyright, trademark, trade secret or other intellectual property rights or others or violate the privacy, publicity or other personal rights of others;
- sell, modify or delete the Website Content or reproduce, display, publicly perform, distribute or otherwise use the Website Content in any way for any public or commercial purpose;
- access data not intended for you or logging into a server or account which you are not authorised to access;
- attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
- copy or adapt the HTML code created to generate any Website Content or the pages making up the Website;
- use the Website Content impersonate or otherwise misrepresent your identity or affiliation with us or any other person or entity;
- use the Website Content to send unsolicited mail or email, make unsolicited phone calls or send unsolicited faxes regarding promotions and/or advertise of products or services;
- use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any activity being conducted on the Website, including without limitation, material that contains viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines or engines that are intended to damage detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information;
- attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the Website; or
- frame or link to any Website Content or information available from the Website.
- You shall not copy, store, redistribute, or publish any Website Content without our written permission.
- COMMUNICATION
- In order to comply with our obligations under this Terms & Conditions, and any other policy and/or announcement published via our Website, from time to time, we may communicate with you by email, by other forms of electronic messaging and/or by sending notices to your registered account with us.
- You hereby agree and acknowledge that you may receive communications and notifications from us electronically and that such communications and notifications will satisfy any legal requirement for communications which are required to be in writing form.
- METHOD OF ENTERING THE RAFFLE
- We sell water bottles, which can be purchased through our Website or any other method introduced by us from time to time (“Products”). Our Products do not have a fixed price and we retain the right to determine the price of our Products, based on the specific raffle you wish to participate in. By using our services, you agree that you have no claims regarding our pricing decisions, whatsoever, and you further agree to comply with the terms and conditions of each raffle competition in which you wish to participate.
- The prices of our Products will be clearly indicated on our Website. You acknowledge, agree and confirm that it is solely your responsibility to review and confirm the prices of our Products before proceeding with any purchase. By completing the purchase of our Products, you confirm your acknowledgment of the prices provided by us for our Products, as may be updated and/or modified from time to time.
- You acknowledge that the Product will automatically be donated to those in need through our community partners or registered charities. By purchasing and donating a Product, you will automatically receive one (x1) entry ticket to the upcoming raffle.
- There is no restriction on the maximum number of purchases of a Product and/or the number of entry tickets you can acquire, subject to availability. However, our payment processing partners may impose limits on the number of transactions and/or payments you are permitted to do and we bear no responsibility whatsoever, in the event that a transaction and/or payment is declined and/or rejected by our payment processing partners. You are encouraged to review the terms and policies of our payment processing partners to understand the specific limits and conditions that may apply to your transactions and/or payments.
- By purchasing the Product, you acknowledge and understand that you will not receive the Product and you should not expect to receive the Product from us or from any other third-party associate, and that the Product(s) shall be automatically donated to any charity we decide from time to time, through our community partners.
- By purchasing the Product, you hereby confirm that you have read and understood these Terms & Conditions. You are fully aware and acknowledge the condition stated in these Terms & Conditions regarding the automatic donation of the Product(s) to any charity we decide from time to time, through our community partners. Your purchase signifies your voluntary contribution to our charitable endeavors, and we appreciate your support in making a positive impact on those in need.
- RAFFLE EXTENSION
- We reserve the right to extend the raffle draw in the event that, at the raffle competition closing time, the available tickets are not sold-out, ensuring a fair and competitive draw for all participants;
- You acknowledge and agree that we may extend the raffle draw prior to the time-out of the timer set for each raffle competition; and
- We retain the right to extend the raffle competition at our sole discretion, whenever we deem it necessary for the proper performance of our duties towards you and all the participants.
- Whenever such an extension occurs, we shall promptly notify you through various means, including but not limited to email, account notification, app notification, or any other reasonable method of communication available to us at that time.
- It is your sole responsibility to stay informed by actively following up with any emails and notifications (of any kind) we provide you and you shall stay updated on the raffle competition you have participated in.
- PRIZE
- Each raffle competition may offer one or more prizes, which are described on the relevant competition page of our Website (the “Prize”). The details provided on the Website, in relation to the Prize, are, to the best of our knowledge, information, and belief, accurate as of the raffle competition opening date.
- Each raffle competition is authorized by the pertinent regulatory body and possesses a valid permit number, which will be indicated on the competition page of our Website. All raffles adhere to the regulations and laws of the UAE, as amended from time to time.
- The information provided on the Website, including details about the Prize, its value, condition, and other related information, is provided "as is" without any representations or warranties, expressed or implied. We do not guarantee the accuracy, completeness, or timeliness of the information presented on the Website.
- Non-cash Prizes are subject to availability. In the event that the original Prize is not available, we hereby reserve the right to substitute it with a prize of equal or greater value, ensuring that you receive a rewarding experience. In the event of any changes to the Prize details, we will make every effort to update the Website promptly, ensuring that you are promptly informed and kept up-to-date with the latest information.
- We reserve the right to substitute the Prize for an alternative cash Prize in the following circumstances:
- The Prize becomes unavailable
- Other circumstances beyond our reasonable control
- We accept no responsibility for any discrepancies or errors in the Prizes’ specifics and availability. While we make every effort to ensure the accuracy of the content on the Website, we do not warrant that the information provided therein is always up to date and/or error-free.
- By using the Website and participating in the raffle competition, you agree, acknowledge and accept the inherent risks associated with relying on Website content, and you release us from any such liability in this regard.
- You acknowledge and agree that the winner in a raffle competition is an individual who complies with the requirements of clause 9.7 and is selected through a random draw, to receive the designated Prize offered by us pursuant to clause 6 (the “Winner”).
- The Winner is chosen from a pool of participants who have received raffle ticket(s) pursuant to clause 4 and the competition rules as set out herein. You acknowledge and agree that winning in a raffle competition is solely based on chance, and no warranties of any kind are granted to any participants. The outcome of the raffle competition is determined by a random selection process, and the results are final. As a participant, you understand that the competition's nature does not guarantee any specific outcome, and the prize distribution is entirely based on luck and chance.
- You acknowledge and agree that the Winner is selected entirely by chance and beyond our influence. We cannot intervene in any manner to impact the outcomes or designate the Winner in any way.
- If the Prize is a vehicle
- :
- No insurance is included in the Prize, and the Winner assumes full responsibility for obtaining adequate insurance coverage for the vehicle before operating it on public roads;
- The Winner bears sole responsibility for covering any costs associated with traffic department testing and registration required for the vehicle's use on public roads. The Winner is also
- responsible for adhering to all requirements stipulated by relevant authorities for proper registration and compliance with any and all local laws, regulations and requirements. It is the sole responsibility of the Winner to ensure any modifications, repairs, or servicing necessary to meet such compliance are at the Winner’s expense.
- Once the Prize has been collected by the Winner, we bear no further responsibility for it. The Winner is solely responsible for complying with all relevant laws and regulations pertaining to the vehicle, including but not limited to its operation, maintenance and ensuring it is used in a safe and responsible manner; and
- The Winner is responsible for acquiring and using all necessary safety equipment and clothing (where applicable) while operating the vehicle.
- Warranty Disclaimer
- The vehicle provided as a Prize in each raffle competition is awarded ‘’as is’’ and ‘’where is’’ without any express or implied warranties of any kind.
- We make no representations and/or warranties regarding the condition, quality, performance, or fitness for a particular purpose of the vehicle Prize.
- The Prize when vehicle, does not come with any manufacturer's warranty, and we do not guarantee the availability of any such warranty whatsoever.
- To the fullest extent permitted by applicable law(s) and regulations, we disclaim all warranties, whether statutory, express or implied, including but not limited to warranties of
- merchantability, fitness for a particular purpose and non-infringement.
- We bear no responsibility whatsoever, for any damages, costs, expenses, losses, or liabilities arising from or related to the Prize when vehicle, including but not limited to any issues, defects, or deficiencies in the vehicle's condition, performance, or functionality.
- This warranty disclaimer is an integral part of these Terms & Conditions and applies to the maximum extent permissible by the applicable laws.
- Some non-cash Prizes may be subject to additional conditions, which will be clearly specified on the relevant competition page of the Website at the time of participation. It is essential for
- participants to review and adhere to these additional conditions, as they may impact the eligibility, redemption process, or any other specific requirements related to the Prize. By participating in the competition, you agree to comply with any such additional conditions associated with the non-cash Prizes.
- The Prize may be supplied by a third-party, and if applicable, the relevant details of the third-party supplier will be provided on the competition page of the Website. It is important to note that the terms and conditions of the third-party supplier may also apply to the Prize, and participants are encouraged to review and comply with any additional conditions or requirements set forth by the supplier. By participating in the competition and accepting the Prize, you agree to abide by any such terms and conditions of the third-party supplier, if applicable. However, we do not assume any responsibility whatsoever, in relation to third-party suppliers’ terms and conditions, representations, or warranties.
- The Prize is not negotiable or transferable to any other individual other than the declared Winner. The Prize is exclusively awarded to the Winner and we cannot assign, sell, or exchange it for any other person or entity.
- The Winner is solely responsible for all costs and expenses not expressly covered within the Prize details. Any additional expenses or charges incurred beyond the scope of the specified Prize are the sole responsibility of the Winner.
- CASH-PRIZE ALTERNATIVE
- If the Winner of the raffle competition is awarded a car as the Prize, we offer a cash-alternative option, known as the "Cash-Prize Alternative". Within the specified timeframe provided in Clause 16.2, prior to claiming the car Prize, the Winner has the option to contact us and express their intention to receive a cash prize instead of the car.
- The possibility of the Cash-Prize Alternative and its corresponding value will be explicitly stated in the advertising and promotion materials of the relevant raffle competition. It is your responsibility to thoroughly read all the details provided in these advertising and promotion materials before entering into the raffle competition.
- The Cash-Prize Alternative, if chosen by the Winner, will be subject to all applicable taxes and fees required by the relevant laws and regulations. The Winner must comply with any tax obligations and regulations associated with receiving the Cash-Prize Alternative, as applicable in their jurisdiction.
- DRAW RESULTS
- The Winner will be selected by an official representative from the relevant government authority.
- The Winner will be notified on the same day that the draw takes place.
- The name of the Winner will be publicly announced in local, regional press, our officially associated social media platforms, unless you have provided us with a written request to refrain from such announcements prior to the draw date.
- The Winner shall also be notified via the email address provided during the account registration process.
- Unless explicitly stated otherwise in the competition page on our Website, the number of winners per draw shall always be one (1).
- ELIGIBILITY TO PURCHASE
- The purchase of our products through the Website is strictly limited to parties who can lawfully enter into and form contracts on the Internet, in accordance with the laws of the United Arab Emirates. It is your absolute responsibility to ensure that you meet the legal requirements to engage in such transactions within the applicable jurisdiction.
- In order to make purchases on the Website you will be required to provide your personal details during the account registration process, including your (1) real full name, (2) telephone number, (3) email address, (4) location, (5) residential address, and any other information requested. To be considered a customer of ours, you must not only register your account but also complete the verification process and subsequently activate your account. Additionally, you must provide accurate and valid payment details, and you confirm that the billing information provided belongs to you and is correct. By providing this information, you represent and warrant that the details are accurate and that you are the authorized owner of the payment method used for the transactions.
- PURCHASE OF PRODUCTS
- We assume no responsibility whatsoever, for any transactions and/or payments rejected, declined, blocked, or frozen by our payment processing partners and/or third-party affiliates, and you shall have no claims against us in this regard.
- Our Products are exclusively available for purchase through our secure Website. At present, we facilitate transactions only by using debit or credit card, ApplePay, Google Pay, and cryptocurrencies via third-party providers. However, we understand the importance of providing diverse payment options to accommodate the preferences of our customers and therefore, we may, at our absolute discretion, introduce additional payment methods in the future.
- You acknowledge and agree that occasionally, payments may not be processed or may be rejected for various reasons, including but not limited to technical issues, insufficient funds or security concerns. We bear no responsibility in this regard and you understand that we have no control over the decisions made by our payment processing partners, and under no circumstances we can guarantee the success of every transaction you make. If you encounter any issues with payment processing, you are encouraged to contact our customer support team for assistance, but we cannot assume any responsibility for transactions declined, or rejected by our payment processing partners, and we shall not be liable to provide any refunds, pay any damages or take further actions towards your relief.
- You further acknowledge that our payment processing partners and/or third-party affiliates, may reject any transaction and/or payment from the jurisdictions listed below:
- Cuba
- Iran
- North Korea
- Syria
- Russia
- Crimea
- We take reasonable care, to the extent within our control, to ensure the security of your order and payment information. However, we cannot be held liable for any loss you may experience if a third party gains unauthorized access to any data you provide us while accessing or ordering from the Website, except in cases of proved negligence on our part.
- The Products are denominated in AED, however, when purchasing a Product using a non-UAE debit or credit card the final price you are required to pay will be calculated in accordance with the applicable exchange rate at the time your card issuer processes the transaction. We bear no responsibility whatsoever in relation to the exchange rate your card issuer may charge you for such transactions.
- To proceed with any purchases, you are required to register with the Website. By registering, you agree to keep your password confidential and will be solely responsible for all activities conducted using your account and password.
- To register and maintain an account with us, you confirm that you meet all of the following criteria:
- You are at least 18 (eighteen) years old.
- You do not have already an account with us.
- You are not a resident of a sanctioned or embargoed country.
- You do not appear on any global list of high-risk and sanctioned individuals.
- You are not prohibited or restricted from accessing the Website, creating or maintaining your registered account, or entering a raffle under the relevant laws and regulations of the jurisdiction in which you are located when transacting with us.
- You are required to promptly notify us of any breach of security or unauthorized use of your account. While we shall not be liable for any losses incurred due to unauthorized use of your account, you may be held responsible for any losses we or others may suffer as a result of such unauthorized use. Additionally, we retain the right to remove, reclaim, or modify the username you choose if we deem it inappropriate, obscene, or otherwise objectionable, at our sole discretion.
- By registering, you hereby represent and warrant that all registration information you provide or provided is true, accurate, current, and complete. You agree to maintain the accuracy of such information and promptly update such registration information as necessary. Further, you confirm that you have the legal capacity to register and that you will comply with these Terms & Conditions, at all times.
- SUBSCRIPTION MODEL
- We offer you the option to become a subscriber to our service, during the sign-in process of your account, which is entirely at your discretion. You are not obligated to subscribe, and the decision to do so is entirely up to you.
- By subscribing to a selected subscription offer we provide, you will be enrolled and charged on a monthly basis for a selected number of Products, and each Product will grant you the respective number of entries to participate in upcoming raffles of your choice, during the subscription period.
- You acknowledge and agree that each monthly raffle competition will feature specific prizes and rules, which will be communicated to you in advance of each drawing and you agree to abide by the raffle competition rules and understand that any violation may give rise to our rights as per clause 11.11.
- By selecting a recurring payment subscription option on our Website, you acknowledge and agree to be enrolled in an automatic renewal order and you agree to be charged the recurring monthly subscription fee specified during your subscription enrollment.
- By subscribing to our Website you authorize us to charge the applicable monthly subscription fee to the payment method you provided during the registration of your subscription, unless you cancel the subscription before the renewal date.
- The recurring subscription fee will be charged every month, on the date indicated during the sign-in process.
- You have the right to cancel your recurring subscription at any time. To cancel, you shall follow the cancellation process outlined on our Website or contact our customer support team. You acknowledge and agree that cancellations will be effective from the next billing month after the cancellation request has been received.
- The subscription fee is non-refundable and we reserve the right to provide no refunds or credits for partially used subscription periods.
- It is your absolute responsibility to maintain accurate and up-to-date payment information on your account. If your payment method fails or your subscription cannot be renewed due to invalid or outdated payment details, we may suspend your subscription until the payment information is updated. We shall not be held responsible, and we are not obligated to notify you, for any interruptions or disruptions to the services provided by us that may occur as a result of the circumstances described in this Clause 11.10.
- We reserve the right to suspend, disqualify from any raffle competition, or terminate your recurring subscription in the event of non-payment, non-compliance with clause 11.3, violation of these terms and conditions, or any other breach of the agreement. In such cases, you will be notified via email or through the Website, and you will have the opportunity to resolve the issue, if possible.
- ORDERS
- The Products we offer for sale, are typically in stock and available for dispatch as per Clause 4.3 above. However, on certain occasions, we may be waiting for shipments from our suppliers. Please note that there may be instances where we are unable to comply immediately with Clause 4.3 due to production problems or quality check issues identified upon receiving the Products from our suppliers. In such instances, we will promptly notify you via email, and within (30) thirty days of being advised that the Products are unavailable and we are unable to comply with Clause 4.3, we will refund any payment made by you for the unavailable products and the subject entry ticket to the upcoming raffle will no longer be valid.
- PRICING
- Prices displayed for our Products on the Website are denominated in AED (United Arab Emirates Dirham) and are exclusive of any applicable taxes.
- You acknowledge and agree that the prices displayed for our Products are subject to change at any time, at our sole discretion.
- ACCEPTANCE OF ORDER
- Once you have placed your order, you will receive an email acknowledging the details of your order. This email serves as an acknowledgment of receipt for your order and should not be considered as an acceptance of your order.
- We reserve the absolute right to reject an order for the following reasons:
- In cases where our payment provider(s) are unable to obtain authorization for your payment;
- If your purchase of the Products violates any provision of these Terms & Conditions;
- If we have reason to suspect that the order has been placed fraudulently or is in violation of any applicable law or regulation; or
- When we determine that such rejection is necessary for any other valid reason.
- Our decision to reject an order is within our sole discretion and does not create any obligation to provide detailed explanations for such actions.
- If we reject a purchase of a Product, we will promptly inform you of the rejection, and any payment made for the order will be refunded to you as soon as possible. Refunds, as per Clause 14.2, will be processed using the same payment method you used during the initial purchase of the Product(s).
- The acceptance of your order and completion of the contract between you and us will be considered finalized once you receive your entry ticket to the upcoming raffle. This confirms that your purchase has been successfully processed, and you have officially entered the upcoming raffle.
- THIRD-PARTY WEBSITES AND CONTENT
- The Website may contain (or you may be sent via the Website) links to other websites (“Third-Party Websites“) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties (“Third-Party Content“).
- Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Websites accessed through the Website or any Third-Party Content posted on, available through, or installed from the Website, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content.
- Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Website and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Terms & Conditions no longer govern.
- COLLECTION
- Upon winning the raffle competition, the Winner will be informed via email to the registered email address the participant provided during the sign-in process, including instructions on how to claim the Prize.
- The Winner of the raffle competition, whether located within or outside the United Arab Emirates, shall be responsible to personally collect the Prize from our premises within 60 (sixty) calendar days. To do so, the Winner must present a valid identification document: either an Emirates ID for UAE resident Winner(s) or a national passport for international Winner(s). Additionally, the Winner must also present evidence confirming ownership of the winning account, and any other document that we may request, in our absolute discretion. This clause applies to all kinds of Prizes, including but not limited to vehicles and cash.
- We have the right to withdraw the Prize from any Winner that does not present a valid form of official proof of identity or proof of account and shall not be held liable for such withdrawal. No Prize can be assigned or transferred to any third party, whether family or company, and the Prize can only be claimed by the official Winner.
- If the Prize is not collected within the specified timeframe, as stated in Clause 16.2 above, we reserve the right to transfer the unclaimed Prize to the Department of Economy and Tourism, Inspection Department. After the transfer, we shall bear no further responsibility or liability concerning the Prize. Participants are advised to adhere to the specified collection period to avoid forfeiture of the Prize. Once we have transferred the unclaimed Prize to the Department of Economy and Tourism, Inspection Department, it becomes the sole responsibility of the winner to initiate communication with them and adhere to any procedures established by the relevant department for claiming the unclaimed Prize, if any.
- Upon collection of the Prize, the Winner will be required to be photographed alongside the Prize and our authorized representative for promotional purposes. By choosing to purchase our Product(s) and subsequently participate in the raffle competition, you are voluntarily granting explicit consent for the publication of these marketing materials on our official social media network, and no additional or pre-emptive consent is required beyond your initial agreement to these Terms & Conditions.
- PERSONAL DATA
- We prioritize the privacy and security of your personal data. We urge you to review our Privacy Policy, which is accessible on the Website. By using the Website, you explicitly acknowledge and consent to adhere to our Privacy Policy, as it forms an essential part of these Terms & Conditions. Your continued use of the Website indicates your agreement to be bound by the terms and conditions outlined in the Privacy Policy.
- Please be aware that the Website operates and is hosted in the United Arab Emirates, and therefore, your personal data may be processed and stored in compliance with the laws and regulations of the United Arab Emirates.
- By entering the raffle draw, you hereby irrevocably consent to your data being published across media channels, our Website and any other public platforms, as per this clause 17.3 and Clause 16.5 above. As a requirement under the relevant conditions of entry to the raffle draw, your name will be publicly listed on our site and media, social channels. This includes our right to publish photos of receipt of the Prize and any other media that is required in order to ensure our Winners are publicly announced as per requirements of the Dubai Economy and Tourism Department in the UAE.
- Should you choose to withdraw your consent for the use of your Data, including but not limited to your name, and photos of receipt of the Prize, across various digital platforms such as websites and social media networks, you shall provide us with a written request and we will proceed with the removal of your personal Data and photographs, from any digital context in which it has been published.
- By entering the draw you hereby fully consent that you details may be given to third parties as required by law, and such details may be required to be given in order to comply with the requirements set out by the relevant legislation in order to ensure full application and execution of the raffle draw.
- TERM AND TERMINATION
These Terms & Conditions shall remain in full force and effect while you use the Website. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS & CONDITIONS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE WEBSITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS & CONDITIONS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE WEBSITE OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.
- Termination or limitation of your access or use of the Website shall not constitute a waiver or affect any other rights or remedies to which we may be entitled under applicable law. Our rights and remedies under these terms and conditions are cumulative and in addition to any other rights and remedies provided by law.
- MODIFICATIONS AND INTERRUPTIONS
- We retain the right, at our sole discretion, to alter, modify, discontinue or remove any content on the Website without prior notice. In the event of any changes, modifications, or discontinuation, we shall not be held liable to you or to any third party for any resulting consequences, including but not limited to modifications in content, pricing, suspension, or termination of the Website.
- While we make every effort to maintain the availability of the Website, we cannot guarantee uninterrupted access at all times. From time to time, we may encounter hardware, software, or other technical issues, or we may need to perform maintenance that could lead to interruptions, delays, or errors in accessing the Website.
- In the event of termination or suspension of your access to the Website, you acknowledge and agree that you will remain bound by these Terms & Conditions. You further understand and accept that we shall not be held liable for any loss, damage, or inconvenience arising from your inability to access or use the Website during periods of downtime or discontinuance.
- GOVERNING LAW
- The laws of the United Arab Emirates as applied in the Emirate of Dubai shall govern these Terms & Conditions and your access to our Website, without giving effect to any principles of conflicts of law therein.
- Any dispute regarding these Terms & Conditions or our handling of your personal information and general information is subject to the exclusive jurisdiction of the Courts in Dubai.
- DISCLAIMER
- THE WEBSITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE WEBSITE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, FREEDOM FROM COMPUTER VIRUS AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THIS WEBSITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
- INDEMNITY
- You hereby agree to defend, indemnify, and hold harmless us, our affiliated companies, partner companies, subsidiaries, parent or sister companies, as well as their officers, directors, shareholders, partners, successors, assigns, agents, service providers, suppliers, and employees, from and against any and all claims, damages, obligations, losses (whether direct, indirect, or consequential), injuries, liabilities, costs, or debts, and expenses (including but not limited to legal fees) arising from or related to:
- Your violation of any provision within this Terms & Conditions and/or any other provision of any document, policy, or agreement issued by us and published on the Website or provided to you through other means.
- Your infringement upon any third-party rights, including, but not limited to, copyright, trademark, trade secret, other intellectual property, or privacy rights.
- Your utilization of the Website, registered account, and our services.
- Any claim asserting that our Website, Products, or services, or Prizes, have resulted in damage to you or a third-party.
- This defence and indemnification obligation survives termination, modification or expiration of this Terms & Conditions and your use of our services and the Website. It is understood that this indemnity obligation remains valid and binding, safeguarding both parties' interests beyond the conclusion of the stated terms or conditions.
- LIMITATIONS OF LIABILITY
- Neither we, our group entities, subsidiaries, and affiliates, nor our directors, employees, members, partners, suppliers, or agents shall:
- be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages arising from your use of the Website. Such damages may include but are not limited to lost profit, lost revenue, loss of data, or any other form of loss or harm, regardless of whether we have been advised of the possibility of such damages, notwithstanding the aforementioned, there is no limitation of liability to the extent not permitted by applicable law;
- Be responsible for any infringement or transaction dispute, including but not limited to, transaction disputes about quality, safety, breach of warranty, and payment by you;
- Be liable for any damages resulting from problems or technical malfunctions of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, hardware, or any failure of communications due to technical issues or internet traffic congestion, whether on the Website or otherwise. This includes any injury or damage to you or your computer or any other person's computer related to or resulting from the use of the Website.
- In conjunction with the limitations of warranties as explained herein, you expressly understand and agree that our maximum liability for any claim against us, arising from your use of our Website and/or Services, shall be strictly limited to an amount of AED 100 (one hundred United Arab Emirates Dirham). This limitation on liability applies to all claims, damages, losses, or expenses, including but not limited to direct, indirect, incidental, consequential, or punitive damages, and it extends to any legal theory or cause of action.
- This defence and indemnification obligation survives termination, modification or expiration of this Terms & Conditions and your use of our services and the Website. It is understood that this indemnity obligation remains valid and binding, safeguarding both parties' interests beyond the conclusion of the stated terms or conditions.
- MISCELLANEOUS These Terms & Conditions and any policies or operating rules posted by us on the Website or in respect to the Website constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms & Conditions shall not operate as a waiver of such right or provision.
- These Terms & Conditions operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control.
- We shall not be held responsible or liable for any delay, failure, or disruption of the services rendered by us to you through our Website, or for any interruption affecting the Website itself, arising directly or indirectly due to acts of nature, forces, or causes beyond our control. Such causes include but are not limited to, internet failures, breakdowns in computer or telecommunications systems, equipment failures, electrical power disruptions, labour strikes, labour disputes, riots, insurrections, civil disturbances, shortages of labour or materials, outbreaks of epidemics or pandemics, fires, floods, storms, explosions, acts of God, acts of war, actions taken by governmental authorities, orders from domestic or foreign courts or tribunals, or non-performance by third parties. We shall exercise our best efforts to mitigate the impact of such events and strive to restore normalcy as soon as practicable. However, we shall not be held accountable for any damages, losses, or inconveniences arising from such occurrences that are beyond our reasonable control.
- If any provision or part of a provision of these Terms & Conditions is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms & Conditions and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms & Conditions or use of the Website.
- CONTACT US
- In order to resolve a complaint regarding the Website or to receive further information regarding use of the Website, please contact our customer service team at contact@winnar.com or through our social media accounts or our contact form, as described herein.
