www.winasa.com and its associated mobile applications (collectively the “Retail Clothing Platform”) are owned and operated by New Age Marketing Company W.L.L., a limited liability company registered in Manama, Bahrain with commercial license number xxxxxx and its registered office at P.O. Box xxxx, Manama, Bahrain (“New Age Marketing Company W.L.L.”). These terms and conditions (the “Terms”) set out the terms on which Store Cred its which have been purchased via the Winasa platform can be used on the Retail Clothing Platform (the “Winasa Credits”). In these Terms, “the User” means the individual who purchases or uses Winasa Credits on the Retail Clothing Platform. These Terms will be binding on the User when the User uses any Winasa Credit(s) to make a purchase on the Retail Clothing Plat form.
- Winasa Credits can only be used as a payment method for purchases on the Retail Clothing Platform.
- When the User uses any Winasa Credits, the amount of the purchase will be deducted from the balance on that Winasa Credit. The remaining balance may be applied to future purchases.
- Please note that the User is responsible for the use of any Winasa Cred its, and New Age Marketing Company W.L.L. will not be responsible if any Winasa Credits are used without the Users permission.
- The User may only use Winasa Credits for personal, non-commercial use. The User may not sell any Winasa Credits. Winasa Credits may not be used in sales or promotional activities including as give-aways or prizes in competitions. New Age Marketing Company W.L.L. reserves the right to cancel any Winasa Credits that New Age Marketing Com pany W.L.L. suspects have been resold or obtained in connection with an unauthorised sales or promotional activity.
- Winasa Credits will expire in one (1) year from the date of purchase.
- Winasa Credits are not a cheque guarantee, credit, debit or charge card and cannot be exchanged for cash or be used towards the purchase of another Winasa Credit.
- If the Recipient returns any goods that they have purchased online via the Retail Clothing Platform using Winasa Credits, New Age Marketing Company W.L.L. will credit monies owing to the Winasa Credits in the Users account. Please note that the original expiration date of that Winasa Credit will continue to apply.
- Nothing in these Terms excludes or limits New Age Marketing Company W.L.L.s liability for:
(a) death or personal injury caused by New Age Marketing Company W.L.L.s negligence;
(b) fraud or fraudulent misrepresentation; and
(c) any matter in respect of which it would be unlawful for New Age Marketing Company W.L.L. to exclude or restrict its liability.
- If New Age Marketing Company W.L.L. fails to comply with these Terms, New Age Marketing Company W.L.L. is responsible for loss or damage the User suffers that is a foreseeable result of New Age Marketing Com pany W.L.L.s breach of these Terms or New Age Marketing Company W.L.L.s negligence, but New Age Marketing Company W.L.L. is not re sponsible for any loss or damage that is not foreseeable. Loss or dam age is foreseeable if it was an obvious consequence of New Age Mar keting Company W.L.L.s breach or if it was contemplated by the User and New Age Marketing Company W.L.L. at the time that these Terms became binding.
- New Age Marketing Company W.L.L. only supplies Winasa Credits for domestic and private use. The User agrees not to use the Winasa Cred its for any commercial or business purposes, and New Age Marketing Company W.L.L. has no liability to the User for any loss of profit, loss of business, business interruption, or loss of business opportunity.
- Notwithstanding clause 2.2, and save as set out in clause 2.1, New Age Marketing Company W.L.L.s maximum liability to the User under these Terms will be limited to the value of the Winasa Credits used to make a purchase on the Retail Clothing Platform.
New Age Marketing Company W.L.L. may make changes to these Terms from time to time (if, for example, there is a change in the law that means New Age Marketing Company W.L.L. needs to change these Terms), but the Terms applicable at the time of the Users use of the Winasa Credits to make a purchase will apply to that purchase. Please check these Terms regularly to ensure that the User understands the Terms that apply at the time that the User uses the Winasa Credits.
- Each of the clauses of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforce able, the remaining clauses will remain in full force and effect.
- If New Age Marketing Company W.L.L. fails to insist that the User per form any of the Users obligations under these Terms, or if New Age Marketing Company W.L.L. does not enforce its rights against the User, or if New Age Marketing Company W.L.L. delays in doing so, that will not mean that New Age Marketing Company W.L.L. has waived its rights against the User and will not mean that the User does not have to com ply with those obligations. If New Age Marketing Company W.L.L. does waive a default by the User, New Age Marketing Company W.L.L. will only do so in writing, and that will not mean that New Age Marketing Company W.L.L. will automatically waive any later default by the User.
These Draw Terms are governed by the laws of Bahrain. The Users par ticipation in Campaign Draws, and any dispute or claim arising out of or in connection therewith (including non-contractual disputes or claims), is subject to the exclusive jurisdiction of the courts of Bahrain.