1. The Scope and Your Acceptance of these Terms of Service
1.1. These Terms of Service only govern the legal relationship between e-Mal and You related to Your use of the e-Mal wallet application and services provided by e-Mal that allow You to store credentials representing Your Card in Your Device and communicate such credentials to e-Mal POS or a merchant for the purpose of initiating a payment transaction with Your Card. Other than as set forth above, e-Mal neither conducts nor has control over any commercial activities in connection with your use of e-Mal, including, without limitation, credit assessment, card issuance, payment processing, chargebacks, purchases, returns, and refunds. e-Mal does not have any control over Your Card Issuer’s cardholder authentication activities. You acknowledge and agree that e-Mal is not responsible for any of these activities nor for Your relationship with any Card Issuer or merchant in connection therewith. You acknowledge that Your use of Cards on e-Mal will remain subject to the terms of any cardholder agreement(s) You may have with the relevant Card Issuer, and neither these Terms of Service nor Your use of e-Mal shall alter Your existing relationship with Card Issuers with respect to Your Cards.
1.2. You agree that You will use e-Mal in accordance with applicable law and will not use e-Mal for any illegal or fraudulent purposes, or purposes that are prohibited by the Service Terms and Conditions (defined below) or these Terms of Service.
1.3. e-Mal IS NOT INTENDED FOR USE BY ANY PERSON OTHER THAN THE CARD HOLDER AUTHORISED TO USE THE CARD PURSUANT TO THE CARDHOLDER AGREEMENT BETWEEN YOU AND THE CARD ISSUER THAT ISSUED YOU YOUR CARD. IF YOU ARE NOT THE AUTHORISED CARD HOLDER, YOU MAY NOT USE e-Mal. Persons under the age of 18 years (each, a "Minor") may not use e-Mal.
1.4. These Terms of Service supplement the e-Mal Service Terms and Conditions (“Service Terms and Conditions”) available on e-Mal application that apply to registered User My Club accounts with e-Mal (the “e-Mal Account”). You must have a e-Mal Account to use e-Mal. If You do not have e-Mal Account yet, please read the Service Terms and Conditions provided through e-Mal Application and create a new e-Mal Account before using e-Mal. The Service Terms and Conditions form an integral part of these Terms of Service. In case of any inconsistency or conflict between the Terms of Service and the Service Terms and Conditions, the terms of these Terms of Service shall prevail. These Terms of Service may be assigned to any affiliate of e-Mal at any time.
2. Grant of License and Restrictions
2.1. e-Mal hereby grants You a non-exclusive, non-transferable, limited, personal and revocable right and license to access and use e-Mal for Your personal use only, provided that You comply fully with these Terms of Service. You acknowledge and agree that some of the functionalities or services offered by e-Mal may be provided by e-Mal’s affiliates or subcontractors on behalf of e-Mal.
2.2. Use of e-Mal requires Your Device to have access to Internet via mobile network or WiFi , and requires obtaining updates or upgrades from time to time. Because use of e-Mal involves, software, Internet access and applicable updates, Your ability to use e-Mal may be affected by the performance of these factors. You acknowledge and agree that complying with such system requirements, which may be changed from time to time, are Your responsibility. You hereby consent to receive notices, disclosures and other communications regarding e-Mal via email, SMS, in-application messages and other communications to Your Device.
2.3. You shall not interfere or attempt to interfere with the operation or use of e-Mal in any way through any means or device including, but not limited to, spamming, hacking, and uploading computer viruses or time bombs, or any other means. You may not use e-Mal for commercial purposes or for any purpose that is unlawful or prohibited by the Terms of Service. You are specifically prohibited from using e-Mal in connection with any contents, services, programs or applications that.
(i) are in violation of any third party’s rights, including but not limited to intellectual property rights; or (ii) contain viruses or other harmful software, code or other malwares that impact or limit the functions or services provided by e-Mal or the devices supporting e-Mal.
2.4. You may not reverse-engineer, copy, decompile, disassemble, derive the source code of, modify, adapt, capture, reproduce, publicly display, publicly perform, transfer, sell, license, create derivative works from or based upon, republish, upload, edit, post, transmit, distribute, exploit, circumvent or otherwise translate (or encourage or assist any other person to do any of the foregoing) e-Mal in whole or in part.
2.5. If You fail to comply with, or e-Mal suspects that You have failed to comply with any provisions of these Terms of Service, without limiting e-Mal’s other rights and remedies, all of which are expressly reserved, e-Mal, in its sole discretion and without notice to You, may immediately
(i) Suspend or terminate Your use of e-Mal. (ii) Preclude access to e-Mal.
2.6. e-Mal expressly reserves the right to, in its sole discretion, change, modify, update, add, discontinue, remove, revise, delete or otherwise change any portions of e-Mal at any time, and in no event shall e-Mal be liable for any claims, costs or damages caused by or arising out of such actions.
You must register PIN to prevent others from accessing or using e-Mal on Your Device. You agree to keep Your PIN confidential at all times, and to notify e-Mal immediately if Your e-Mal Application PIN is stolen, becomes known to a third party or is otherwise compromised. If You lose Your Device, you will be able to remove cards linked to a device by logging in from any other device and delinking the cards.
3.1. e-Mal will not be responsible or liable, directly or indirectly, for any damage or loss (including data loss) incurred or suffered by any User in connection therewith. Your access and use of third party services, including information, material, products and offers therein, is solely at your own risk.
3.2. Disclaimer of Warranties. e-Mal is provided “as is”, "where is" and “as available” and without warranties of any kind. To the extent permitted by law, e-Mal and its licensors make no representations or warranties or guarantees of any kind or nature, whether express or implied, relating to e-Mal, and specifically disclaims all such warranties including, without limitation, any implied warranty of merchantability, fitness for a particular purpose and non-infringement. Without limiting the previous disclaimer, to the extent permitted by law, e-Mal and its licensors do not represent, warrant or guarantee that e-Mal will;
(i) operate in an uninterrupted, timely, secure or error-free manner.
(ii) always be available or free from all harmful components or errors.
(iii) be secure against or immune from (including the content delivered to you or the information you provided) any unauthorized access.
3.3. Disclaimer of Certain Damages. IN NO EVENT SHALL e-Mal OR ITS LICENSORS BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE DAMAGES OR LOST PROFITS, EVEN IF e-Mal OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION WILL APPLY REGARDLESS OF THE THEORY OF LIABILITY, WHETHER FRAUD, MISREPRESENTATION, BREACH OF CONTRACT, NEGLIGENCE, PERSONAL INJURY, PRODUCT LIABILITY, INFRINGEMENT OR ANY OTHER THEORIES, REGARDLESS OF WHETHER OR NOT e-Mal OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS MEANS THAT YOU HEREBY WAIVE ANY AND ALL RIGHTS TO ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE DAMAGES OR LOST PROFITS FROM e-Mal AND ITS LICENSORS. THIS LIMITATION AND WAIVER ALSO APPLIES TO ANY CLAIMS YOU MAY BRING AGAINST ANY OTHER PARTY TO THE EXTENT THAT e-Mal WOULD BE REQUIRED TO INDEMNIFY THAT PARTY FOR SUCH CLAIM. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS IF YOU ALLOW ANYONE (SUCH AS ANOTHER USER OR A MERCHANT) TO USE OR HANDLE YOUR DEVICE OR e-Mal.
3.4. THE FOREGOING DISCLAIMERS, EXCLUSIONS AND LIMITATIONS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE.