WAYN - Terms and Conditions for Senders

Information About Us

The Wayn application (Wayn our Application or the Application) is owned and operated by Emirates Post Group Company PJSC (7X, we or us). Any reference to 7X, we or us includes our successors and assigns. You and the organisation you are authorised to represent (you, your or the Organisation) agree that these Terms and Conditions for Senders (and any terms and conditions referred to herein) apply to your use of the Application and any services included therein (the Services).

Registration and Eligibility

If you are seeking to be able to send digital letters, documents, e-bills, messages and other communications (Digital Post) on Wayn as a sender (Sender) you must submit an application to us via [email protected]. After receipt of the application, our team will conduct due diligence and review the submission. Once the application is approved an agreement will be entered into relating to your use of Wayn and the Services (the Wayn Sender Agreement). Once the Wayn Sender Agreement has been signed, you will be permitted to register for a Wayn account.

Wayn is available to businesses who are registered users of UAE PASS (the UAE’s secure digital identity and signature solution). If you have already successfully completed the registration process for UAE PASS on behalf of your Organisation then, upon signature of the Wayn Sender Agreement, you will be entitled to access and use Wayn via your UAE PASS account using your Organisation’s UAE PASS login credentials.

You represent and warrant that you: (a) will use Wayn and the Services solely for business, commercial, and authorised purposes, and not for personal use; (b) will only provide registration information associated with your Organisation; (c) are authorised to enter into these Terms and Conditions for Senders; and (d) have not been previously suspended or removed from Wayn or the Services, or engaged in any activity that could result in suspension or removal.

Sending Digital Post

When you have registered for a Wayn account for Senders, you will be able to send Digital Post to individuals and business who are also using Wayn (the Recipients).

Actions

When using Wayn and the Services, in certain circumstances, you will be able to include actions in Digital Post (e.g. relating to the payment of a bill) (each an Action).

In order to send an Action, you will be required to follow the relevant template that has been specifically tailored to each Action. For example, if you wish to start collecting payments through Wayn, you must follow the structure of the payment activity template. Unless otherwise notified to your on the Application, you are required to use the templates that will be provided by us to you in writing from time to time.

Receiving Digital Post

Please note that if you are using Wayn and the Services as a Sender, you may also receive messages from Senders. Consequently, please ensure you review and comply with all obligations contained in the Terms and Conditions for Recipients, which will apply to your use of Wayn and the Services as a Recipient.

Third Party Websites and Services

At times, Wayn may link to, or incorporate information from, other third party websites or services (Linked Websites and Services).

You acknowledge that the Linked Websites and Services are not under 7X’s control and 7X is not responsible for any Linked Websites and Services. Any such links or information from Linked Websites and Services are solely for your convenience or information and does not imply or represent 7X’s endorsement of or an association with the website’s operator.

When you access any Linked Websites and Services, you do so at your own risk. It is your responsibility to review the terms and conditions that apply to the Linked Websites and Services. You acknowledge and agree that any claims you might have with respect to the Linked Websites and Services shall be against the operator of the website or service and not against 7X.

Your Account and Password Security

You are responsible for maintaining the confidentiality of your account and password information. You agree to accept responsibility for all activities that occur under your account identification and password. If you know or suspect that your account or password information has been provided to someone unauthorised or is otherwise misused, you shall immediately take measures to restrict access to Wayn or the Services and inform us of the situation that has arisen.

If you are designated as your Organisation’s Admin User, you will be able to invite other users to access your Organisation’s Wayn account. In such instances, You represent, warrant and undertake that: (i) such users are authorised to act on behalf of the Organisation; and (iii) you will be responsible for the acts or omissions of such users.

You acknowledge that, whenever it deems such action necessary in its absolute discretion, 7X reserves the right to subject your use of Wayn or the Services to any condition whether or not specified in these Terms and Conditions for Senders.

Inactivity

Please note that, unless your account is terminated by us or by you in accordance with these Terms and Conditions for Senders, your account will remain active and will not be deactivated due to inactivity.

Storage

Content of Wayn or the Services, such as e-mails and your account history, is stored for the duration of your approved account registered with us. You can delete Digital Post and documents in your digital mailbox at any time through Wayn but you should be aware that Digital Post cannot be restored or recreated when it has been deleted.

Additional Services

From time to time we may provide additional services that are accessible via the Application or the Services (the Additional Services). The Terms and Conditions for Senders, together with any additional terms and conditions notified to you in respect of the Additional Services from time to time shall apply in respect of your use of the Additional Services.

Price and Payment

You agree to pay all fees in accordance with the terms of the Wayn Sender Agreement.

You are responsible for all taxes and other fees associated with your use of Wayn and the Services.

Availability

Wayn and the Services are normally available 24 hours a day, seven days a week, all year round. However, we do not warrant, nor are we responsible for ensuring that Wayn or the Services will be free from any errors, delays and/or interruptions.

7X’s role and responsibilities

You acknowledge that Wayn provides a platform that facilitates and allows you to send Digital Post to Recipients. In addition, you may request actions be taken when sending Digital Post (including without limitation Actions). You acknowledge that we are not party to any action you take or any transaction you enter into with any other Sender or Recipient.

You and your Organisation will be responsible for the actions you initiate using Wayn, and for any support, refunds and any other ancillary services they provide in respect of those actions. Any liability of 7X resulting from the receipt of, or any actions you take or loss you incur in relation to, any Digital Post is expressly excluded.

Virus Protection

We make every effort to check and test material at all stages of production. It is always advised to run an anti-virus program on all material downloaded from the internet. We do not accept any responsibility for any loss, disruption or damage to your data or your computer system which may occur whilst using material derived from Wayn or the Services.

Sender’s Responsibilities

You acknowledge that:

  • you will be unable to use Wayn or the Services if, for whatever reason, you are unable to login to your UAE Pass account;
  • 7X is not responsible or liable for your inability to use Wayn or the Services as a result, directly or indirectly, of defects or malfunctions occurring in respect of your device;
  • an internet connection is required to use Wayn and the Services and 7X does not control the coverage, availability or service provided by your Wi-Fi or mobile service provider;
  • 7X is not responsible for any charges that you may incur from third parties with respect to your use of Wayn or the Services, including without limitation any data charges or internet access fees.

You must not use Wayn or the Services except as authorised by these Terms and Conditions for Senders or as otherwise authorised in writing by 7X. In particular, you must:

  • comply at all times with the Wayn Dos and Don’ts Guidelines, available at [x];
  • ensure that your use of Wayn or the Services complies with all legal and regulatory requirements applicable to you and you will not use Wayn or the Services for any purpose that is unlawful. It is your sole responsibility to determine your and your Organisation’s legal obligations. We are not liable for any acts or omissions by you that breach any applicable laws;
  • not use Wayn or the Services for any illegal or unauthorised purpose or in a manner that could damage or cause risk to 7X’s business, reputation, personnel, customers, facilities or to any third party;
  • not use Wayn or the Services to publish, post, distribute or disseminate any defamatory, obscene or otherwise unlawful material or information;
  • not introduce into or through Wayn or the Services any computer virus, ‘Trojan horse’, worm, logic bomb, back door, malware or similar item whose purpose or possible function is to disable a computer or network or adversely affect its performance;
  • use appropriate virus scanning software and take other reasonable precautions in respect of the security of your device when accessing or using Wayn or the Services;
  • not modify, decompile, reverse-engineer or disassemble Wayn or the Services or any part of Wayn or the Services or remove, circumvent, disable, damage or otherwise interfere with security-related features of Wayn or the Services;
  • not impersonate any other person or access the Wayn account of another person without permission;
  • not execute transactions through Wayn on the basis of funds which were obtained fraudulently or for a fraudulent purpose;
  • not infringe 7X’s or any third party’s intellectual property rights (including trademarks or copyright), rights of publicity or privacy;
  • not refuse to cooperate in an investigation conducted by 7X or provide confirmation of your identity or any other information provided by you to 7X;
  • not use Wayn or the Services in any manner that could damage, disable, overburden, or impair it or 7X’s systems, including, without limitation, by using Wayn or the Services in an automated manner;
  • not remove, obscure, or alter 7X’s or any third party’s copyright, patent, trademark, or other proprietary rights notices affixed to, contained within or accessed using Wayn or the Services;
  • not sell, rent, license, distribute, publish or publicly perform or display Wayn or the Services or services, software or information associated with or derived from it;
  • not take any action that may cause 7X to lose any of its business partners; or
  • breach these Terms and Conditions for Senders or any other agreement, policy or terms as may be applicable pursuant to or referenced in these Terms and Conditions for Senders.

Suspension and Termination of your Access to Wayn or the Services

In addition to its other rights under these Terms and Conditions for Senders, you acknowledge that 7X may, without notice, terminate or suspend your access to Wayn or the Services whenever it deems such action necessary in its absolute discretion and without liability to you or to any third party. Upon such termination or suspension, you agree to immediately stop using Wayn and the Services. These remedies are without prejudice to any other remedies which 7X may have under applicable law.

The rights of termination and suspension in this clause may be exercised without the order of any court or other judicial authority.

If these Terms and Conditions for Senders are terminated, these Terms and Conditions for Senders may no longer apply. However, any provisions of these Terms and Conditions for Senders which by their nature should continue to apply after termination will do so. This includes, without limitation, all limitations on liability, choices of law and judicial forum and intellectual property protections and licenses.

Upon termination of your access to Wayn or the Services by us, except for any information or documents that we are required to keep to comply with applicable law or internal protocols, all of your digital documents, including, but not limited to Digital Post and your account history stored within Wayn or the Services will be deleted immediately from the date of termination.

You may request to close your Wayn account at any time by providing notice to 7X via the App. After the date of receipt of the notice, your account shall be terminated and, except for any information or documents that we are required to keep to comply with applicable law or internal protocols, all of your digital documents, including, but not limited to, Digital Post and your account history stored within Wayn or the Services will be deleted.

Intellectual Property Rights

All rights in the know-how, trademarks, trade names, patents, copyrights, design rights (whether registered or unregistered), database rights, goodwill and all other intellectual property rights subsisting in or arising in connection with Wayn or the Services (the Intellectual Property) are, and shall remain, the property of 7X or its licensors.

You shall not acquire any proprietary rights in such Intellectual Property and agree not to infringe or challenge 7X’s or its licensors’ rights in the Intellectual Property nor do or permit anything to be done which may be detrimental to the Intellectual Property or which may be inconsistent with or damage the reputation of 7X or its licensors. You agree to inform 7X immediately if you become aware of any third party activity which infringes the Intellectual Property.

You shall indemnify 7X from and against any losses, damages, costs, charges, expenses and any other liabilities (including, without limitation, reasonable legal fees), incurred or awarded against 7X as a result of, or in connection with, your use of the Intellectual Property otherwise than in accordance with these Terms and Conditions for Senders.

Personal Information and Privacy

By using Wayn or the Services, you agree to:

  • 7X processing personally identifiable information relating to you which it may obtain, receive or generate in connection with these Terms and Conditions for Senders or your use of Wayn or the Services in accordance with applicable data protection and privacy laws; and
  • To comply with all of your obligations relating to your processing of personally identifiable information relating to Recipients or other Senders in accordance with applicable data protection and privacy laws.

7X is dedicated to protecting and respecting its customer’s privacy. For more details, please click on the following link: 7x.ae/privacy-policy.

Limitation of Liability

You acknowledge that:

  • the information and materials included in or available through Wayn or the Services is provided for convenience and may be superseded or may include inaccuracies or typographical errors;
  • information technology and telecommunications systems are not error-free and Wayn and the Services are provided "as is", "as available" and “with all faults”;
  • 7X hereby expressly disclaims any and all warranties, conditions, guarantees, representations and statements with respect to Wayn and the Services, express or implied, including but not limited to, any warranties of condition, quality, durability, performance, security, accuracy, reliability, merchantability, non-infringement, compatibility or fitness for a particular purpose;
  • 7X is not responsible or liable for any unavailability of, or disruption to, Wayn or the Services; and
  • although 7X endeavours to ensure that Wayn and the Services are free from any viruses or other malicious or harmful content, 7X does not accept any liability for errors, delays, or damage to your computer or device as a result of using Wayn or the Services. Likewise, although 7X takes steps to protect any information that you provide via Wayn or the Services, 7X cannot guarantee the security of your data transmitted to it. In this regard, it is your responsibility to ensure that you have up to date antivirus software, or any other necessary equipment in order to use Wayn and the Services safely and to avoid anything that may damage or harm your computer or device.

Subject to the below paragraph, 7X excludes liability, whether in contract, for negligence, for breach of statutory duty or otherwise, for any damages whatsoever, including, but not limited to any direct, incidental, consequential, special, exemplary or other indirect damages arising out of the following: (i) the use of or inability to use Wayn, the Services, or the content, (ii) any transaction conducted through or facilitated by Wayn or the Services; (iii) any claim attributable to errors, omissions, or other inaccuracies in Wayn, the Services or the content, (iv) unauthorised access to or alteration of your transmissions or data, (v) any breach of applicable laws relating to the protection of personal information as a result of your use of Wayn or the Services, (vi) any communications from, messages sent or actions taken by any third party impersonating us or Wayn that are not authorised by us; or (vii) any other matter relating to Wayn, the Services, or the content, even if we have been advised of the possibility of such damages or losses. We are not liable or responsible for any payments, charges or costs incurred as a result of fraudulent activity through Wayn or the Services.

If you are dissatisfied with Wayn, the Services, the content, or with the terms of use; your sole and exclusive remedy is to discontinue using Wayn.

You acknowledge that neither party excludes liability for:

  • death or personal injury to the extent that the same arises as a result of its own negligence or the negligence of its personnel (as applicable); or
  • any other type of loss for which liability cannot be excluded under applicable law.

You shall indemnify 7X from and against any losses and liabilities (including, without limitation, reasonable legal fees), incurred or awarded against 7X as a result of, or in connection with, your use of Wayn or the Services or breach of these Terms and Conditions for Senders.

Changes to the Terms and Wayn

You agree that 7X may make changes to Wayn or the Services at any time, including by changing the minimum specifications of the systems or devices required for access to them. You acknowledge that 7X will use reasonable endeavours to provide notification of material changes to Wayn or the Services by placing a message on the relevant section of Wayn or by otherwise notifying you in accordance with these Terms and Conditions for Senders.

We reserve the right to amend or modify these Terms and Conditions for Senders or impose new conditions at any time. Any use of Wayn or the Services by you after such notice shall be deemed to constitute acceptance by you of such amendments, modifications or new conditions. You are responsible for regularly reviewing these terms, conditions and notices.

If you do not agree with any change made by 7X to Wayn or the Services or these Terms and Conditions for Senders, your sole and exclusive remedy is to stop your use of Wayn or the Services.

Sub-contracting and Assignment

You acknowledge that, to the extent permitted by law, 7X may assign, sub-contract, delegate or otherwise transfer the benefit of these Terms and Conditions for Senders or any of 7X’s obligations under them to any other person without your consent.

You shall not, or purport to, assign, sub-contract, delegate or otherwise transfer the benefit of these Terms and Conditions for Senders or any of your obligations under them to any other person without 7X’s prior written consent.

Governing Law

These Terms and Conditions for Senders and any dispute or claim arising out of or in connection with them or their subject matter or formation (and any non-contractual obligations arising out of or in connection with them) shall be governed by the laws of the United Arab Emirates.

You agree that the United Arab Emirates Federal Courts will have exclusive jurisdiction to hear any dispute or claim arising out of or in connection with these Terms and Conditions for Senders or their subject matter or formation (including non-contractual obligations, disputes or claims).

Customer Service Information and Feedback

In the event that you are dissatisfied with Wayn or the Services, please contact 7X via [email protected].

If you submit or provide suggestions for improving Wayn or the Services (“Feedback”) by contacting the 7X, you agree that 7X will be free to exercise any and all rights in the Feedback without restriction, including any obligation to attribute the Feedback to you or to compensate you in any manner whatsoever. You must not give 7X any information that is confidential, commercially sensitive or contains original creative work, or is the intellectual property or proprietary property of you or another person.

General

These Terms and Conditions for Senders shall constitute the entire agreement between the parties in respect of their subject matter.

You acknowledge that in entering into these Terms and Conditions for Senders you have not relied on any representation, warranty, collateral contract or other assurance (except those set out in these Terms and Conditions for Senders) made earlier by or on behalf of 7X. You hereby waive all rights and remedies which, but for this paragraph, might otherwise be available to you in respect of any such representation, warranty, collateral contract or other assurance.

You agree that no failure or delay by 7X to enforce, or exercise, or any partial, single or defective exercise or enforcement of, any right, remedy, power or privilege given to 7X pursuant to these Terms and Conditions for Senders shall constitute a waiver or partial waiver of any such right, remedy, power or privilege or operate to prevent the exercise or enforcement of any further right, remedy, power or privilege at any subsequent time.

You undertake, at the request of 7X to do all acts and execute all documents which may be necessary to give full effect to these Terms and Conditions for Senders.

Nothing in these Terms and Conditions for Senders shall be construed as constituting a partnership or agency between the parties hereto for any purpose.

Nothing in these Terms and Conditions for Senders shall confer, nor be intended to confer, any right or benefit on any third party.

To the extent that the terms of these Terms and Conditions for Senders are published in English and Arabic and there is a dispute between the English and Arabic versions, the English version shall prevail.


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