Apple is not a sponsor nor is it involved in the activities of Winasa Campaign Draws in any manner.
This User Agreement for the Services (as defined below) is divided into mul tiple sections. The User should read this Agreement carefully before accepting.
The Winasa application and website www.winasa.com are 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.”). In this User Agreement, “the User” means the individual accessing or using the Winasa Platform or its Services. The User agrees and under stands that by accepting this User Agreement, the User confirms to have read, understood, and acknowledged to be bound by these terms to access and use the Winasa website and Winasa App (together the “Winasa Plat form”).
This User Agreement and Privacy Policy (together the “Terms”) set out the basis upon which the User can access and use the Winasa Platform. The Terms apply regardless of how the User accesses the Winasa Platform and regardless of the technologies or devices by which the Winasa Platform is made available to the User. Other terms and conditions may be applicable to certain specific products, services, offers, or Campaign Draws (“Services”) made available on the Winasa Platform, either directly or through third-party sites.
New Age Marketing Company W.L.L. reserves the right to update these Terms from time to time without prior notice to the User. Nothing in these Terms affects the Users statutory rights as a consumer under applicable Bahraini laws.
The following provisions apply with respect to the Users use of any version of the Winasa App.
- By creating an account on the Winasa Platform, the User has access to the Winasa App where the User may purchase goods and Services.
- To enter a Campaign Draw on the Winasa Platform, the User will need to purchase store credits available on the Winasa Platform. Once the User has purchased a store credit, the User will receive a Ticket to enter a Campaign Draw. Depending on the outcome of the Campaign Draw, the User may win Prizes. Please refer to the Draw Terms in this User Agreement for further details of how Campaign Draws work.
The personal information the User provides in the course of using the Winasa Platform will be used in accordance with the Privacy Policy of New Age Mar keting Company W.L.L., the terms of which are hereby incorporated into and form part of the Terms.
1. It is imperative for New Age Marketing Company W.L.L. to ensure that users of the Winasa Platform are able to enter into legally binding con tracts and that minors do not purchase, use, or have access to unsuit able content. Membership and/or use of the Winasa Platform is not available to persons under the age of 18 years old or the legal age applicable in the Users jurisdiction to enter into a contract, if different. By using the Winasa Platform, the User represents and warrants that the User is of the correct legal age to enter into this User Agreement in the jurisdiction the User is in, and that all information the User submits is accurate and truthful when registering any information with the Winasa Platform or providing any information to New Age Marketing Company W.L.L.
2. The Winasa Platform is not available to users whose membership has been refused, limited, suspended, or withdrawn by New Age Marketing Company W.L.L.
3. No User may register on the Winasa Platform as a member more than once.
- To access the Services and utilize the Winasa Platform, the User will be required to create an account and register information with New Age Marketing Company W.L.L. to create a membership (“Membership”). The User agrees that any information provided to New Age Marketing Company W.L.L. will be complete and accurate, that the User will not register under the name of, nor attempt to enter the Membership un der the name of, another person, and that the User will not adopt a username that New Age Marketing Company W.L.L., in its sole discre tion, deems offensive. New Age Marketing Company W.L.L. reserves the right to refuse a Membership, or limit, suspend, or withdraw access to the Winasa Platform to any person at any time and for any reason.
- The User is responsible for promptly updating details of the Member ship such that the details are at all times considered true, accurate, current, and complete. If the User provides any information that is un true, inaccurate, not current, or incomplete, or if New Age Marketing Company W.L.L. suspects in its sole discretion that such information is untrue, inaccurate, not current, or incomplete, or not in accordance with this User Agreement, New Age Marketing Company W.L.L. has the right to suspend indefinitely, limit, or withdraw the Users Membership and/or access to the Winasa Platform.
- When registering an account on the Winasa Platform to create a Membership, the User will be required to provide certain information and register a username and password for use of the Winasa Platform. To keep the Platform account secure, the User must protect the account through reasonable means and is responsible at all times for maintain ing the confidentiality of, and restricting access to and use of, the Plat form account and password.
- The User agrees to accept responsibility for all activities that occur un der the Users Platform account. If someone other than the User uses the Winasa Platform with the Users login information, the User will be held accountable for all actions taken in the Users name.
- The User may not, at any point in time, use any other persons Membership. The User agrees to reimburse New Age Marketing Company W.L.L. in full for any costs, expenses, and damages caused by improper, unauthorized, or illegal use of the Users Membership and password by the User or any person obtaining access to the Winasa Platform.
- The User may not transfer or sell the Membership or account details to another party and undertakes that the User is solely responsible for all activity conducted on the Winasa Platform through the use of the Membership.
To fulfill obligations under these Terms, New Age Marketing Company W.L.L. may communicate with the User by email, other forms of electronic messaging, and/or by posting notices on the Winasa Platform. The User agrees to receive communications from New Age Marketing Company W.L.L. electronically, and these electronic communications will satisfy any legal requirement for communications that need to be in writing.
- The User may not access or use the Winasa Platform or the Services for any purpose other than the purpose for which New Age Marketing Company W.L.L. makes the Winasa Platform or the Services available to the User, and the User may not use either the Winasa Platform or the Services in a way that infringes the rights of anyone else or that restricts or inhibits anyone elses enjoyment of the Winasa Platform.
- Without limiting the generality of clause 6.1, when accessing the Winasa Platform or using Services, the User should not:
(a) Post or transmit false, inaccurate, misleading, defamatory, or li belous content (including but not limited to during the registration process);
(b) Violate any third-party rights, including intellectual property rights;
(c) Advertise to, or solicit, any user to buy or sell any Services, except with the express written approval of New Age Marketing Company W.L.L.;
(d) Transmit chain letters or junk email to other users;
(e) Use any information obtained from the Services to contact, adver tise to, solicit, or sell any products or services to any user without their prior explicit consent;
(f) Attempt to impersonate another user or person;
(g) Use the username or account of another user;
(h) Use any information obtained from the Services and Winasa Plat form to harass, abuse, or harm another user or person;
(i) Accept payment or anything of value from a third person in ex change for the Users performance of any commercial activity on or through the Services on behalf of that person;
(j) Use the Winasa Platform in a manner inconsistent with any and all applicable laws and regulations; or
(k) Otherwise, incur any liability to the Winasa Platform or New Age Marketing Company W.L.L.
3. The User may not copy, modify, distribute, sell, or lease any part of the Winasa Platform. Unless law prohibits such restriction or the User has written permission from New Age Marketing Company W.L.L., the User may not reverse engineer or attempt to extract the source code of the Winasa Platform. The User may only access the Winasa Platform through the interfaces provided by New Age Marketing Company W.L.L. (for example, the User may not “scrape” the Winasa Platform through automated means or “frame” any part of the Winasa Platform), and the User may not interfere or attempt to disrupt the Winasa Platform.
4. The User may not attempt to gain unauthorized access to any portion or feature of the Winasa Platform, or any other systems or networks connected to the Winasa Platform, or to any of the Services offered on or through the Winasa Platform, by hacking, password “mining,” or any other illegitimate mean
5. The User agrees not to take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Winasa Plat form or systems or networks of New Age Marketing Company W.L.L., or any systems or networks connected to the Winasa Platform or to New Age Marketing Company W.L.L.
6. The User agrees not to use any device or software to interfere or at tempt to interfere with the proper working of the Winasa Platform or any transaction being conducted on the Winasa Platform or with any other persons use of the Winasa Platform.
- All payments made for Services are final and non-refundable.
- If the User makes a payment for one of the Services available on the Winasa Platform, the details the User is asked to submit will be pro vided directly to the payment provider of New Age Marketing Company W.L.L. via a secured connection. The User should ensure they have read the applicable terms and conditions provided by their bank prior to the transaction.
- Multiple transactions by the User on the Winasa Platform may result in multiple postings to the Users monthly credit or debit card statement.
- The product prices displayed on the Winasa Platform are inclusive of VAT. The User may be charged in Bahraini Dinar (BHD) or US Dollar (USD) depending on where the User is using the Winasa Platform from and what type of credit or debit card the User is using. In such cases, there may be slight discrepancies in values due to changes in foreign exchange rates. New Age Marketing Company W.L.L. is not responsi ble and shall not compensate the User for any loss that occurs due to these rate fluctuations. New Age Marketing Company W.L.L. gives no warranties or representations whatsoever in relation to the exchange rates it provides for any transaction and is under no obligation to pro vide the best or most competitive exchange rates available.
- For any defective products sold by New Age Marketing Company W.L.L., New Age Marketing Company W.L.L. will offer the User a remedy in compliance with applicable Bahraini laws. The User acknowledges and agrees that any refunds requested by the User may affect participation in Campaign Draws and chance to win Prizes (as set out in more detail in the Draw Terms). This is because entry into the Campaign Draws is directly correlated to the purchase of products and Services available on the Winasa Platform.
- The Winasa Platform and the materials on the Winasa Platform, in cluding without limitation, the text, software, scripts, graphics, pho tos, sounds, music, videos, interactive features, and the like (“Materi als”) and the trademarks, service marks, and logos contained therein (“Marks”), are owned by or licensed to New Age Marketing Company W.L.L., and are subject to copyright and other intellectual property rights under Bahraini and foreign laws and international conventions.
- In connection with the Services, the Winasa Platform may display certain content belonging to third parties. Use of this content may be subject to a license granted by third parties to New Age Marketing Company W.L.L. The User shall, in no event, reverse engineer, decompile, or disassemble such content, and nothing herein shall be construed to grant the User any right in relation to such content. Materials on the Winasa Platform are provided to the User “as is” for information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcasted, displayed, sold, licensed, or oth erwise exploited for any other purposes whatsoever without the prior written consent of the respective owners.
- New Age Marketing Company W.L.L. reserves all rights not expressly granted herein to the Winasa Platform and the Materials. The User agrees not to engage in the use, copying, or distribution of any of the Materials other than as expressly permitted herein, including any use, copying, or distribution of Materials of third parties obtained through the Winasa Platform for any commercial purposes. The User agrees not to circumvent, disable, or otherwise interfere with security-related features of the Winasa Platform or features that prevent or restrict use or copying of any Materials or enforce limitations on the use of the Winasa Platform or the Materials therein.
- Content displayed on or through the provision of the Services is protected by copyright as a collective work and/or compilation, pursuant to copyright laws, other laws, and international conventions. Any re production, modification, creation of derivative works from, or redistribution of the Winasa Platform, the Materials, or the collective work or compilation is expressly prohibited. Copying or reproducing the Winasa Platform, the Materials, or any portion thereof for further reproduction or redistribution is expressly prohibited.
- The User will be exposed to Materials from a variety of sources, and, as far as applicable Bahraini law allows, New Age Marketing Company W.L.L. is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Materials, and the User agrees and assumes all liability for the use of any such Materials.
- The use of any third-party application is subject to any terms and con ditions provided with such third-party application and is not governed by New Age Marketing Company W.L.L. New Age Marketing Company W.L.L. is not responsible for any third-party applications, and the User acknowledges that such applications may be modified or removed by their original publisher and/or respective rights owner at any time. The User assumes all responsibility and risk of use of any third-party appli cations (including any content therein), and New Age Marketing Com pany W.L.L. hereby disclaims any and all liability to the User or any third-party related thereto.
- New Age Marketing Company W.L.L. does not have any obligation to examine or scan third-party applications, for any purpose, and is not responsible for the accuracy, completeness, appropriateness, or legal ity of any third-party applications. The fact that a third-party applica tion is available via any online platform or otherwise is not an endorse ment, authorization, or representation of New Age Marketing Company W.L.L.s affiliation with any third-party, nor is it an endorsement of such third-party application, and the User hereby waives any legal or equi table rights or remedies the User has or may have against New Age Mar keting Company W.L.L. with respect thereto. New Age Marketing Com pany W.L.L. exercises no control over third-party applications, products, services, software, or any online platform and is not responsible for their performance, does not endorse them, and is not responsible or liable for any content, advertising, or other materials available through any third-party applications, products, services, software, and any on line platform. New Age Marketing Company W.L.L. is not responsible or liable, directly or indirectly, for any damage or loss caused to the User by the Users use of or reliance on any goods or services available through the third-party applications, products, services, software, and any online platform.
- To offer a reliable and enjoyable service, New Age Marketing Company W.L.L. needs to fix bugs, install updates, and perform general diagnosis and maintenance. New Age Marketing Company W.L.L. cannot warrant that the Winasa Platform and Services will always be uninterrupted, problem-free, free of omission, or error-free. To the extent allowed by Bahraini law, the Materials and function of the Winasa Platform, and Services, are provided on an “as is” basis without warranties of any kind, whether expressed or implied.
- Information obtained on the Winasa Platform may not always be ac curate. New Age Marketing Company W.L.L. uses other providers to provide data on which it bases the information detailed on the Winasa Platform. New Age Marketing Company W.L.L. tries to ensure that the data is correct and up-to-date together with its partners but cannot guarantee that it will always be.
- To the maximum extent permissible by applicable Bahraini law, New Age Marketing Company W.L.L., its group entities, subsidiaries, and affiliates (“Companies”), and their respective suppliers, and any of their owners, officers, directors, managers, members, agents, and employees:
(a) Shall not be responsible for any infringement or transaction dis pute, including, but not limited to, transaction disputes about qual ity, safety, breach of warranty, and payment by the User;
(b) Are not liable for any direct, indirect, punitive, incidental, special, or consequential damages or loss (including, without limitation, incidental and consequential damages, loss of revenue or antici pated profits, loss of goodwill, loss of business, or damages result ing from lost data or business interruption) arising out of, or in a way connected with, the use or inability to use the Winasa Plat form and the Services, whether based on warranty, contract, tort (including negligence), or any other legal theory, and whether or not New Age Marketing Company W.L.L. is advised of the possibility of such damages;
(c) Exclude any and all liability for damages caused by any problems or technical malfunction of any telephone network or lines, com puter online systems, servers or providers, computer equipment, software, failure of any communications due to technical problems or traffic congestion on the internet or on the Winasa Platform or combination thereof, including any injury or damage to any users or to any persons computer related to or resulting from use of the Winasa Platform; and
(d) Expressly disclaim all warranties and conditions of any kind, whether express or implied, including, but not limited to, the implied war ranties and conditions of merchantability, fitness for a particular purpose, and non-infringement.
- In conjunction with the limitation of warranties as explained herein, the User expressly understands and agrees that the maximum liability of New Age Marketing Company W.L.L. for any claim against it shall be limited to an amount of BHD 100, for use of the Winasa Platform and/or Services.
The User agrees to defend, indemnify, and hold harmless New Age Marketing Company W.L.L. and its Companies, and its and their officers, direc tors, shareholders, successors, assigns, agents, service providers, suppliers, and employees, from and against any and all claims, damages, obligations, losses (whether direct, indirect, or consequential), liabilities, costs, or debt, and expenses (including but not limited to legal fees) arising from: (i) the Users breach of any provision of this User Agreement; (ii) the Users breach of any third-party right, including without limitation any copyright, trademark, trade secret, or other intellectual property, or privacy right; (iii) the Users use of the Winasa Platform or the Services; or (iv) any claim that the Winasa Platform, Services, or any Materials caused damage to the User or a third party. This defense and indemnification obligation will survive termination, modification, or expiration of this User Agreement and the Users use of the Services and the Winasa Platform.
- New Age Marketing Company W.L.L. may establish limits from time to time concerning use of the Services, including, among others, the max imum number of days that content will be maintained or retained by the Service, the maximum number and size of postings, email messages, or other content that may be transmitted or stored by the Services, and the frequency with which the User may access the Services or the Winasa Platform.
- New Age Marketing Company W.L.L. reserves the right at any time to modify or discontinue the Service on the Winasa Platform (or any part thereof) with or without notice (without the need for a court order), and New Age Marketing Company W.L.L. shall not be liable to the User or to any third-party for any such modification, suspension, or discontin uance of the Service.
- In the event of termination, the User will no longer be authorized to access the Winasa Platform or the Membership, and New Age Marketing Company W.L.L. reserves the right to use any means possible to enforce this termination. The User undertakes to immediately notify New Age Marketing Company W.L.L. of any unauthorized use of the Membership or any other security breach.
- Termination or limitation of the Users access or use will not waive or affect any other right or relief to which New Age Marketing Company W.L.L. may be entitled at law.
Under no circumstances will New Age Marketing Company W.L.L. be held li able for any delay or failure or disruption of the Services delivered through the Winasa Platform or any disruption to the Winasa Platform itself resulting directly or indirectly from acts of nature, forces, or causes beyond its rea sonable control, including, without limitation, Internet failures, computer, telecommunications, or any other equipment failures, electrical power fail ures, strikes, labor disputes, riots, insurrections, civil disturbances, short ages of labor or materials, epidemics, pandemics, fires, floods, storms, ex plosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, or non-performance by third parties.
- Severability: If any provision of these Terms is held by a court of com petent jurisdiction to be invalid, illegal, or unenforceable and can be deleted without altering the essence of these Terms, the invalid, ille gal, or unenforceable provision will be severed, and the remaining pro visions will remain in full force and effect.
- No Waiver: Any failure by New Age Marketing Company W.L.L. to en force any terms set out in these Terms or other policies with the User is not a waiver of its rights to enforce those terms.
- Assignment and Third-Party Rights: The User may not assign or sub-contract any of the Users rights or obligations under these Terms to any third-party unless New Age Marketing Company W.L.L. agrees in writing. New Age Marketing Company W.L.L. may assign, transfer, or sub-contract any of its rights or obligations under these Terms to any third-party at its discretion and without the need for the Users consent or the requirement to provide notice.
- Severability: If any provision of these Terms is held by a court of com petent jurisdiction to be invalid, illegal, or unenforceable and can be deleted without altering the essence of these Terms, the invalid, ille gal, or unenforceable provision will be severed, and the remaining pro visions will remain in full force and effect.
- No Waiver: Any failure by New Age Marketing Company W.L.L. to en force any terms set out in these Terms or other policies with the User is not a waiver of its rights to enforce those terms.
- Assignment and Third-Party Rights: The User may not assign or sub-contract any of the Users rights or obligations under these Terms to any third-party unless New Age Marketing Company W.L.L. agrees in writing. New Age Marketing Company W.L.L. may assign, transfer, or sub-contract any of its rights or obligations under these Terms to any third-party at its discretion and without the need for the Users consent or the requirement to provide notice.
The User can contact New Age Marketing Company W.L.L. at: support@winasa.com.
- In addition to the Users agreement with the Terms, the following provisions apply with respect to the User participating in Campaign Draws (“Draw(s)”) and winning Prizes (“Prize(s)”).
New Age Marketing Company W.L.L. may amend these Draw Terms at any time without notice, and amendments will take effect once dis played on the Winasa Platform. The User acknowledges and agrees to review these Draw Terms periodically to stay informed of modifications. Continued use of the Winasa Platform or entry into Campaign Draws following amendments constitutes acceptance of those amendments.
- Campaign Draws are approved by the Ministry of Industry and Com merce (MOIC) and conducted in accordance with applicable guidelines, which may be amended from time to time. A valid permit number will be issued for each Campaign Draw.
- Only Users with an active registered account on the Winasa Platform, satisfying all Draw Terms, are eligible to enter Campaign Draws. Ticket numbers are computer-generated.
- If the User purchases a store credit on the Winasa Platform, the User is entitled to redeem the store credit in part or in full at Winasa online or physical stores stocking merchandise.
- The draw process to select winners will be conducted in accordance with the Ministry of Industry and Commerce (MOIC) rules and processes.
- The deadline to enter any Campaign Draw is on the Draw date, be fore the scheduled Draw time, unless the Draw is closed earlier due to selling the maximum available tickets in limited-ticket campaigns.
- Tickets awarded through the Winasa Platform are non-refundable, non transferable, and owned solely by the User.
- Winners are selected by the Ministry of Industry and Commerce (MOIC) draw process and notified on the Draw date. Winner names may be announced on the Winasa Platform and associated social media profiles.
- On the Draw date, an email will be sent to the winners registered email on the Winasa Platform, detailing steps to claim the Prize, which may include:
- (a) If the winner resides in Bahrain, the winner must collect the Prize from New Age Marketing Company W.L.L.s premises within six (6) months, presenting valid identification (such as national identifi cation card, passport, driver’s license, etc.) as required at New Age Marketing Company W.L.L.s sole discretion. Failure to collect within this period will result in the Prize being transferred to the Ministry of Industry and Commerce (MOIC), after which New Age Marketing Company W.L.L. will have no further responsibility, and the winner must liaise with the Ministry of Industry and Commerce (MOIC) under their terms.
- (b) If the winner resides outside Bahrain, a member of New Age Mar keting Company W.L.L.s team will reach out to the winner to discuss Prize delivery logistics. New Age Marketing Company W.L.L. shall not bear any customs duties or taxes to courier/ship the Prize to the winner.
- Once a Prize is handed to/collected by the courier/handler for interna tional delivery, risk and responsibility will transfer to the winner, and New Age Marketing Company W.L.L. is not liable for damage or injury during transit or upon delivery.
- By entering a Campaign Draw, all winners consent to New Age Market ing Company W.L.L.s use of any and all content made by or provided to New Age Marketing Company W.L.L., including but not limited to the use of the winners name, photographs, videos, call recordings, and other material created during the Draw, in local and regional press, on the Winasa Platform, and on any social media profile associated with New Age Marketing Company W.L.L. The User may choose to withdraw consent at any time, but this may affect entry into a Campaign Draw.
- All Prizes displayed on the Winasa Platform will be awarded as dis played, with only minor (if any) physical changes.
- Where the registration or transfer of ownership of a Prize is necessary, such registration or transfer will be made in the name of the winner as it appears on the winning Ticket. By entering a Campaign Draw for a Prize where registration or transfer is necessary, the User agrees that the User meets the required Bahraini government and regulatory criteria.
- If any winner is subsequently found ineligible to participate in a Cam paign Draw, New Age Marketing Company W.L.L. may, at its sole discretion, reclaim the Prize or dispose of it in such a manner and to such person as New Age Marketing Company W.L.L. deems fit, in line with applicable laws.
- New Age Marketing Company W.L.L. will not be responsible for arrang ing any insurance, including travel insurance, medical insurance, trans port, meals, or any other expenses of a personal nature incurred by the winner in the collection of the Prize, unless otherwise agreed by New Age Marketing Company W.L.L. in writing.
- New Age Marketing Company W.L.L. will not be responsible for claims, damages, or expenses of any nature for any loss, illness, bodily injury, including death, of or to any winner and/or any third-party during and/or in course of usage of any Prize or due to any defects in any Prizes.
- Winners are responsible for any and all tax liability where applicable.