Dubai First PJSC
Live It Mobile Terms and Conditions:
Introduction:
These Live It Mobile Terms and Conditions (the “Additional Conditions“) are to be read in conjunction with the Dubai First Platinum Credit Card Terms and Conditions (the “Original Conditions“). These Additional Conditions are in addition to and not in substitution of the Original Conditions.
These Additional Conditions shall be applicable to Live It Mobile Users that use the Live It Mobile Service. These Additional Conditions are for the Trial Period and may be amended in accordance with the Original and Additional Conditions.
1. Definitions
The terms defined in the Original Conditions shall have the same meaning when used in these Additional Conditions unless specifically defined herein.
In these Additional Conditions unless the context otherwise requires:
“Credit Limit” means in addition to the meaning under the Original Conditions, the per Transaction, daily and aggregate Credit Limit permitted by Dubai First, from time to time, in relation to Transactions using the Live It Mobile Services.
“du” means Emirates Integrated Telecommunications Company PJSC.
”Elite plan” means the mobile services plan provided by du.
”Live It Mobile Handset” means a wireless telecommunications device provided by du for utilizing the Live It Mobile Services.
”Live It Mobile User” means the specific individual Credit Card Member over the age of 21, that has been offered the Live It Mobile Services and that agrees to the provisions of these Additional Conditions.
”Live It Mobile Service” means a payment solution provided by Dubai First (under these Additional Conditions and the Original Conditions) pursuant to which the Live It Mobile User may use his or her Platinum Credit Card, through the Live It Mobile Handset and Live It Wallet.
”Live It Wallet” means software available on the Live It Mobile Handset to utilize the Live It Mobile Services.
“Pass Code” means the code for activating the Live It Wallet.
“Platinum Credit Card” means the Dubai First credit card named as such and provided to the Credit Card Member under the terms of the Original Conditions.
”Transaction” means in addition to the meaning under the Original Conditions, any transaction made by the Live It Mobile User using the Live It Mobile Handset and Live It Wallet.
”Trial Period” means a period of 6 months, or as determined by Dubai First, commencing in January 2010.
”User guide” means a manual provided by Dubai First to the Live It Mobile User setting out the procedures for using the Live It Mobile Services.
2. Conditions of use of Live It Mobile Services
2.1. The Live It Mobile Services may, at the discretion of Dubai First, be provided to any of its customers that satisfy the following:
a) The customer has a Platinum Credit Card issued by Dubai First; and
b) The customer subscribes to du’s Elite plan;
2.2. The Live It Mobile Services are provided for exclusive use by the Live It Mobile User and may not be utilized by any other individual. The Live It Mobile User acknowledges that the Live It Mobile Services may not be transferred or assigned by Live It Mobile User to any third party.
3. The Live It Mobile Handset
3.1. Live It Mobile Users that utilize the Live It Mobile Services will be provided with a Live It Mobile Handset which will be supplied by du.
3.2. Upon Dubai First ceasing to provide Live It Mobile Services to a Live It Mobile User or upon Dubai First revoking the Live It Mobile Services the Live It Mobile User may be asked to return the Live It Mobile Handset to Dubai First.
3.3. The Live It Mobile User undertakes to maintain the Live It Mobile Handset in good working condition and shall ensure that it is returned to Dubai First in good working condition (as determined by Dubai First). In the event that the Live It Mobile Handset is not returned in good working condition, the Live It Mobile User will be required to pay the requisite charge or such other amount that may be determined by Dubai First.
3.4. If the Live It Mobile Handset is damaged or malfunctions in any way the Live It Mobile User shall report the incident to du.
3.5. In the event that the Live It Mobile Handset is lost or stolen the Live It Mobile User acknowledges that he/she shall be responsible for the total cost of the Live It Mobile Handset as specified in Clause 3.3.
4. The Live It Wallet
4.1. Dubai First shall provide the Live It Mobile Handset with the Live It Wallet pre-loaded.
4.2. The Live It Wallet shall be utilized for performing any Transaction using the Live It Mobile Services.
4.3. The Live It Mobile User undertakes not to interfere or tamper with the Live It Wallet.
4.4. The Live It Mobile User shall be solely responsible for all Transactions whether processed with the Live It Mobile User’s knowledge or by their express or implied authority.
4.5. In the event of any kind of malfunction of the Live It Wallet, the Live It Mobile User shall immediately notify Dubai First and du.
4.6. Upon Dubai First ceasing to provide or terminating the Live It Mobile Services the Live It Mobile User is required to stop using the Live It Wallet immediately.
5. Usage of Live It Mobile Services
5.1. Prior to utilizing the Live It Mobile Services, the Live It Mobile User shall review the User Guide. The Live It Mobile User undertakes to utilize the Live It Mobile Services, in accordance with the User Guide.
5.2. The Live It Mobile User shall choose a Pass Code to activate the Live It Wallet in order to conclude Transactions. The Live It Mobile User shall not disclose the Pass Code to any third party and undertakes to change the Pass Code on a regular basis.
5.3. The Live It Mobile User shall be able to conclude Transactions with merchant outlets by using the Live It Mobile and Live It Wallet, subject to the available Credit Limit as set by Dubai First.
5.4. The Live It Mobile User shall only be able to conclude a Transaction with merchant outlets that are equipped to accept payment by use of the Live It Mobile Service.
5.5. Dubai First reserves the sole right to accept or decline any Transaction made through the Live It Mobile Service.
6. Live It Mobile Credit Limit
6.1. Dubai First may, at its sole discretion, set or amend the pre set Credit Limits for concluding Transactions by using the Live It Mobile Services.
6.2. The Credit Limit is part of, not in addition to, the Platinum Credit Card’s Credit Limit. The available Credit Limit shall be adjusted in accordance with the current available Credit Limit on the Platinum Credit Card.
6.3. Dubai First shall notify the Live It Mobile User within a reasonable period in case of Credit Limits being amended in accordance with the Original Conditions.
7. Repayment for Transactions and Fees
7.1. The Live It Mobile User acknowledges that he/she shall receive and pay for all Transactions, fees and charges in accordance with Clause 4 of the Original Conditions.
7.2. All Transactions concluded by using the Live It Mobile Services, shall be added to the Platinum Credit Card’s Current Balance and shall reflect on the Platinum Credit Card’s statement.
7.3. Dubai First may charge a fee for the Live It Mobile Services which shall be debited to the Live It Mobile User’s Platinum Credit Card.
7.4. The Live It Mobile User authorises the total Elite plan bill to be debited from his or her Platinum Credit Card.
8. End of Trial Period and Extension
8.1. Dubai First may at its sole discretion, at the end of the Trial Period cease to provide the Live It Mobile Service or decide to extend the Trial Period for a further period as determined by Dubai First.
9. Loss or Damage
9.1. In the event of loss, theft or disclosure of the Pass Code or the loss or theft of the Live It Mobile Handset, the Live It Mobile User shall forthwith notify Dubai First and report the same to the local police station. Until such time as the Live It Mobile User notifies Dubai First of the loss, theft or disclosure as set out in this Clause 9.1, the Live It Mobile User shall be fully liable to Dubai First for all Transactions performed using the Live It Mobile Services.
9.2. Subject to Clause 9.1 above, the Live It Mobile User shall be fully liable to Dubai First for all Transactions concluded by using the Live It Mobile Services.
9.3. The Live It Mobile User agrees to defend, indemnify and hold harmless Dubai First on demand from and against any and all losses, actions, claims, proceedings, judgments, penalties, fines, damages, fees, costs and expenses (including legal fees) together with any sales or other taxes (regardless when the same are made or incurred) (a) which may at any time be suffered or incurred (directly or indirectly) as a result of or connected with the preservation and/or enforcement of any of the rights of Dubai First under the Original Conditions and these Additional Conditions; and/or (b)which arise out of any act or omission on the part of the Live It Mobile User; and/or (c) which arise out of any wrongful, misleading or other such information provided by the Live It Mobile User to Dubai First. Such expenses shall include without limitation any internal management and administrative costs of Dubai First.
9.4. The Live It Mobile User acknowledges and agrees that Dubai First shall not be responsible for any communication or technological failure or interruption and any consequence of such failure or interruption. The Live It Mobile User further acknowledges that Dubai First provides no warranty in terms of the suitability or satisfactory performance of the Live It Mobile and Live It Wallet and any losses or damages incurred by the Live It Mobile User shall not be responsibility of Dubai First unless caused by the gross negligence or willful default of Dubai First.
10. Termination or Suspension of Live It Mobile Services
10.1. The Live It Mobile Services shall be terminated upon the occurrence of any of the following events:
(a) If the Account of the Live It Mobile User or Credit Card Member is closed or terminated in accordance with the Original Conditions;
(b) At the end of the Trial Period or any extensions thereof; or
(c) Immediately from date of notice from Dubai First ceasing the Live It Mobile Services.
10.2. Upon termination of the Live It Mobile Services, the Live It Mobile User shall return the Live It Mobile Handset and Live It Wallet in good working condition and continue to pay all dues in accordance with the Original Conditions.
10.3. Dubai First may at any time without notice suspend the Live It Mobile Services.
