Terms and conditions
These Terms of Use ("Terms") are a binding contract between you and SocialMood operated in the Kingdom of Saudi Arabia by Social Character Advanced Technologies, Commercial License No.: 1009047950 (" SocialMood ", "SocialMood KSA", "" We" and" Our own ") and governs your access to SocialMood sites on socialmoodco.com within Saudi Arabia and any portals managed within SocialMood (" SocialMood sites "), including all subpages on those sites, and the use of any SocialMood services (" Service "). You must be over eighteen (18) years of age and eligible to contract under applicable laws to access or use the Service.
By visiting the Site, logging into or using the Service, you are assumed to have read the Terms of Use (including other related agreements) and unconditionally and irrevocably accept the terms and conditions set forth therein.
We may revise or change the Terms of Use in our sole discretion from time to time, and the most current Terms of Use will be posted on the Site. We will use commercially reasonable efforts to generally notify all users of any material changes to these Terms of Use, for example through a notice on our Site. However, you are responsible for periodically reviewing these Terms of Use and checking for such changes.
- Service
The SocialMood Sites allow you to purchase certain digital entertainment content, such as gift codes, app/game credits and vouchers ("Digital Product") through the Site from the SocialMood Sites or third-party merchants affiliated with the SocialMood Sites ("Publishers").
- Who can use the service
You must be at least 18 years of age (or the age of majority in your jurisdiction) to use the Service. If you are under the age of majority under the law applicable to you, you must obtain the consent of your parent or legal guardian to use the Service. Please ask your parent or legal guardian to read these Terms with you.
You may not sell, lend, share, or transfer your account or allow anyone else to access or use your account. You agree that you are solely responsible for any and all activities that occur under your account, including any use of our Service and transactions that occur under your account. To the fullest extent permitted by law, any actions taken under your account will be deemed to be your own.
4.Using the service
4.1 Without prejudice to the other provisions of the Terms of Use, you may not use the Service for activities that:
(a) Making a purchase if you are under the age of majority.
(b) use the Service for any illegal or non-compliant purposes or violate applicable laws, regulations, rules or guidelines.
(c) Using a purchasing agent or proxy to make purchases using our Service and then charging others directly or indirectly for such uses.
(d) modify, alter, reverse engineer, duplicate, disassemble, disassemble, transmit, copy, exchange or translate the Service or any elements therein or thereof without our prior written authorization.
(e) use the Service for profit or for any commercial or unauthorized purposes, such as sending advertising content or messages without our prior written permission.
(f) use any automated system, program, robot, spider, crawler, scraper, interface, or any other automated device, program or process, whether operated by a third party or otherwise, to extract, monitor, copy or collect any data or information from the Service, or engage in any manual process to do the same.
(g) interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site.
(h) attempt to circumvent any technical measures we use, or attempt to access portions or features of the Service that you are not authorized to access.
(i) inspect, examine or test the vulnerability of our Service or any system or network.
(j) use the Service in a manner that could interfere with, disrupt, adversely affect, or prevent other users from fully enjoying the Service, or take any actions that may affect the provision of the Service or cause damage or disruption.
(k) attempt to deceive, defraud or mislead us or any other user.
(l) Requesting login credentials from another user.
(m) attempt to bypass any Site procedures designed to prevent or restrict access to the Site, or any part of the Site
(n) relate to transactions involving (i) certain controlled substances or other products that pose a risk to consumer safety, (ii) drug paraphernalia, (iii) items that encourage, promote, facilitate or instruct others to engage in illegal activity, (iv) stolen goods including digital and virtual goods, (v) promotion of hatred, violence, racial or other forms of discriminatory intolerance or financial exploitation of crime, (6) items deemed obscene, (7) items that infringe or violate any copyright, trademark, right of publicity, privacy or other proprietary right under the laws of any jurisdiction, (8) certain sexually oriented materials or services, (9) ammunition, firearms or certain firearm parts or accessories, or (x) certain weapons or knives regulated by applicable law.
4.2 You agree that to the extent permitted by law, a transaction made through our Service cannot be reversed once it has been initiated.
5. Property and Intellectual Property Rights
5.1 The Service is protected by copyright, trademark, patent, trade secret and/or other intellectual property laws. SocialMood Sites or our affiliates, licensors or service providers own all legal, title, ownership, interest, copyright and other intellectual property rights worldwide in the Service and all improved, updated, developed, modified or customized versions of the Service and any software or documents provided to you as part of or in connection with the Service, including, without limitation, all intellectual property rights therein, whether registered or not, and wherever in the world they may exist. In addition, these Terms of Use do not grant you any rights in the intellectual property rights in the Service.
5.2 Unless you have otherwise agreed in writing with SocialMood Sites, nothing in the Terms of Use grants you the right to use any of our trade names, trademarks, service marks, logos, slogans, domain names and other distinctive trademark features.
5.3 Unless expressly authorized to do so in writing by SocialMood, you agree that when using the Service, you will not use any trademark, service mark, trade name or logo of any company or organization in a manner that is likely or intended To cause confusion as to the owner or authorized user of such marks, names or logos.
- Payment methods
6.1 You can purchase the Digital Product through the payment channels available to you on the Site.
6.2 The purchase price of the Digital Product is determined solely by us or the publishers and will be displayed on the Site at the point of purchase. We can change prices at any time, and you understand that we do not offer any price protection or refunds in the event of a price reduction. The currency applicable to your payment method may depend on various factors (e.g., the IP address from which you consume the Product, the country from which you access our Site, or the jurisdiction in which you make the purchase).
6.3 The Digital Product has no monetary value and cannot be refunded or exchanged for cash, cash equivalents, legal tender or any other property and cannot be considered a redeemable value on any SocialMood website in the UAE or KSA. The value of a digital product within a publisher's or retailer's platform is subject to the control and responsibility of the listed retailer, please check the publisher's or retailer's terms and conditions on their site.
- Our rights
7.1 Prohibited use.
Without prejudice to the other provisions set forth in these Terms of Use, we reserve the right at all times to monitor, review, review, retain and/or disclose any information as necessary to satisfy any applicable law, regulation, sanctions programs, legal process or governmental request. We reserve the right to cancel and/or suspend your account(s) and/or block transactions or freeze funds immediately and without notice if we determine, in our sole discretion, that your account is associated with prohibited use.
7.2 Comment.
We may suspend and restrict your access to any or all of the Service if:
(a) We are required to do so by a court order or a binding order from a governmental authority.
(b) we reasonably suspect that you are using your Account in connection with a Prohibited Use.
(c) the use of your account is subject to any pending lawsuit, investigation or governmental action and/or we recognize an increased risk of legal or regulatory non-compliance associated with your account activity; and/or
(d) breach any of the provisions of these Terms of Use.
7.3 No advice.
We make no representation or warranty, express or implied, to the extent not prohibited by applicable law, as to the advisability of using any of the Service.
7.4 We reserve the right and discretion to refuse or reject any transaction for any reason or set limits on transaction types and/or amounts.
7.5 In relation to a Digital Product purchased through the Website, the relevant publishers are the party issuing the Digital Product and not SocialMood, and are solely responsible for redeeming the Digital Product, and providing goods or services to you in return. Please read the instructions on the corresponding page carefully before purchasing the Digital Product, and purchase after you have agreed to the relevant instructions.
- Liability and compensation
8.1 Limitation of Liability. Subject to the above general provisions, you expressly understand and agree that in no event shall SocialMood, its affiliates, licensees or service providers be liable to you for:
(a) any direct, indirect, incidental, incidental, special, consequential, punitive or exemplary damages, costs, losses, penalties, fines, fees or expenses that you may incur, however caused and under any theory of liability. This includes, but is not limited to, any loss of profits (whether incurred directly or indirectly), any loss of goodwill or business reputation, any loss of revenue, any loss of data or other information, business interruption, cost of procurement. substitute goods or services, loss of privacy arising out of or in any way connected with the use or inability to use the Service or other intangible losses.
(b) any loss or damage you may suffer, including, without limitation, loss or damage as a result of your reliance on the completeness, accuracy or existence of any advertisement, or as a result of any relationship or transaction between you and any advertiser or sponsor whose advertisement appears on the Service.
(c) delete, destroy or fail to store any Content and other communications data maintained or transmitted by or through your use of the Service.
8.2 In the event that any jurisdiction does not permit limitations on implied warranties or the exclusion or limitation of certain damages, all or part of the disclaimers as stated above in clause 8.1 may not apply.
8.3 Compensation
You agree to indemnify and hold SocialMood and its affiliates, licensors, service providers, officers, directors, employees, agents, successors, successors, assigns and licensors, harmless from and against any losses arising from claims, demands, actions. (including, without limitation, attorneys' and experts' fees) or other proceedings as a result of:
(a) fraud, negligence and willful misconduct on your part while using the Service.
(b) Violate applicable laws, rules or regulations in the use of the Service and/or in the conduct of your business or with respect to any information available as part of the Service, including but not limited to the legal provisions listed below.
(c) breach of confidentiality obligations under these Terms of Use; your wrongful or improper use of the Service and violation of any rights of third parties.
(d) Fines, penalties and fees imposed by the beneficiary bank, card payment networks or any governmental authority due to transactions on the Website or Platform or use of information or personal data that violate applicable law.
9. Complaints and Dispute Resolution
9.1 If you have a dispute with SocialMood, you agree to contact us through our support team first to try to resolve any such dispute amicably. If we are unable to resolve the dispute through our support team, you agree that the dispute will be resolved in the manner described immediately below.
9.2 Each party (i) waives all rights to resolve any and all disputes, claims, suits, actions or causes of action or causes of action (collectively, "Disputes") arising out of or relating to these Terms of Use in a court of law, and (ii) waives all rights to submit any Disputes to court. Instead, each party must arbitrate Disputes through binding arbitration (which is the referral of a Dispute to one or more persons charged with reviewing the Dispute and making a final and binding decision to resolve it rather than having the Dispute adjudicated by a judge or jury in a court of law).
9.3 Any dispute arising out of or relating to these Terms is personal to you and will be resolved solely through individual arbitration and may in no way be submitted as a class arbitration, class action or any other type of representative proceeding. There will be no class arbitration or arbitration in which any entity attempts to resolve the Dispute as a representative of another individual or group of individuals. Further, the Dispute cannot be submitted as a class action or any other type of representative proceeding, whether inside or outside of arbitration, or on behalf of any other individual or group of individuals.
9.4 Any dispute arising out of or in connection with these Terms of Use (including, without limitation, the enforceability of this Section or any question as to its existence, validity or termination) shall be referred to and finally resolved by arbitration administered by the Dubai International Arbitration Center. (DIAC) under the DIAC Arbitration Rules in effect at the time the Notice of Arbitration is filed, which Rules are deemed incorporated by reference into this clause. The seat of arbitration shall be Dubai. The tribunal shall consist of [1] arbitrator. The language of the arbitration is English.
10.Privacy and Disclosure
For information about how we collect, process and share your personal data, please refer to our Privacy Policy, the full text of which can be accessed on the SocialMood website and all linked, managed or owned websites.
- No refund
Please make sure that the digital product is suitable for you before purchasing. SocialMood does not support refunds to the maximum extent allowed by laws and regulations. Users are solely responsible for ensuring that their devices are compatible with the products they purchase. All digital products purchased are final, non-refundable and non-returnable. We do not offer refunds or exchanges for an incorrect purchase of our service, including due to compatibility issues.
- General provisions
12.1 Contacting SocialMood
If you have general comments or questions, please contact us via our User Support at contact-sm@socialmoodco.com. When contacting us, you may need to provide certain information that we may need to identify you, your account(s), and the issue or transaction related to your contact with us.
12.2 No Warranty and Disclaimer
We do not represent or warrant, express or implied, that the Service will be uninterrupted, error-free, secure, or free of viruses or other harmful computer programs. SocialMood will not be liable for any claims arising out of or in connection with this.
To the fullest extent permitted by applicable law, we make no representations or warranties of any kind, express or implied, with respect to the Service, including, without limitation, any implied warranties of merchantability, fitness for a particular purpose, and non-infringement of third party rights. Party Rights.
SocialMood has no control over the quality, fitness for purpose, safety, reliability, legality or any other aspect of any goods or services provided by the Publisher that you purchase using the Service. Except as otherwise provided in these Terms, SocialMood will not be obligated to issue refunds if your purchase does not meet your expectations, or if the Publisher in question does not fulfill its obligations.
You agree and understand that the availability of the Service is dependent on the availability of the network and systems of our service providers, payment channels, publishers, and/or our affiliates and subsidiaries.
12.3 Availability
The SocialMood Service may be temporarily unavailable from time to time for maintenance or other reasons. SocialMood assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft, destruction, or unauthorized access to or alteration of user communications. SocialMood is not responsible for any technical issues or malfunctions of any network, telephone lines, online computer systems, servers, service providers, computer equipment, software, email failures, or triggers due to technical issues or traffic congestion on the Internet or on any of the Sites or a combination thereof, including injury or damage to Users or to any other person's computer in connection with or resulting from sharing or downloading materials related to the Internet and/or in connection with the Service. Under no circumstances will SocialMood be liable for any loss or damage, including any loss or damage to any User Content of the Sites, financial damages, lost profits, or loss of business, resulting from anyone's use of the Service and the Sites, or any User. Content or third-party content posted on or through the Service or the Sites or transmitted to users, or any interactions between users of the Sites, whether online or offline.
12.4 Accuracy of content on the website
Although we intend to provide accurate and timely information on the Site, the Site (including, without limitation, its content) may not always be complete or fully updated. In an effort to continue to provide you with as complete and accurate information as possible, information may be changed or updated, to the extent permitted by applicable law, from time to time without notice, including, without limitation, information regarding our policies and service.
Links to third party materials (including but not limited to any websites) provided through the Service may lead you to leave the Site. Please note that the linked materials may not be under SocialMood's ownership or control in any way, and therefore you access them at your own risk. SocialMood is not responsible for the contents, terms of use or privacy practices of any such linked materials. The inclusion of any third-party materials in no way implies or expresses affiliation, endorsement or sponsorship by SocialMood of any linked materials.
12.5 Mission
You may not assign any rights and/or licenses granted under these Terms of Use. We reserve the right to assign our rights without restriction, including, without limitation, to any subsidiaries or affiliates of SocialMood, or to any successor in interest to any business associated with the Service. Any attempted transfer or assignment in violation of this provision is null and void. Subject to the foregoing, these Terms of Use shall be binding upon and inure to the benefit of the parties and their respective successors and permitted assigns. In the event that the SocialMood Sites are acquired or merged with a third party entity or undergo a change in control, we reserve the right, in any such circumstance, to transfer or assign the information we have collected from you as part of such merger, acquisition, sale or other change in control.
12.6 Force Majeure
We will not be liable for failure to perform under the Terms of Use as a result of any event of force majeure including, but not limited to, acts of God, fire, war, vandalism, civil unrest, labor unrest, actions of legal authorities, local, state or central governments, or change in laws, rules and regulations, affecting our performance and/or the performance of payment system providers.
12.7 Confidential
You agree not to disclose or attempt to use or personally benefit from any non-public information or information that by its nature should be considered confidential ("Confidential Information") that you may learn on the Website or through the Services. You must keep such Confidential Information confidential and you may not disclose the Confidential Information to any third party without our prior written consent. You acknowledge and agree that a breach of this provision would cause irreparable harm and that we are entitled to equitable relief from such breach. This obligation continues until such time as the non-public information becomes publicly known through no action on your part. If you are compelled by order of a court or other governmental or legal body (or have notice that such an order is required) to disclose any such non-public information, you agree to promptly and diligently notify SocialMood and fully cooperate with SocialMood in protecting such information to the fullest extent possible under applicable law.
12.8 No waiver
The failure of SocialMood Sites to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision in that or any other instance.
12.9 Notifications
All notices we send to you under this Agreement may be given by way of home page announcements, messages, official website, email, and SMS.
You consent to receive communications from us in electronic form and agree that all terms, conditions, notices, rules, disclosures, policies and other communications from SocialMood provided to you electronically will be deemed to meet any legal requirements regarding written communications and shall be deemed to do so. They are deemed granted on the date of the electronic communication.