Terms and Conditions Lucky App

Preamble:

• This terms and conditions (T&C) are governing your use contemplated to the application and by signing up for an account thereon, you acknowledge acceptance to the terms and conditions hereof.
• The Company (hereinafter defined) is entitled to unilaterally amend any part of this T&C as to better comply with the applicable laws or better enhance its offerings without prior notice. Your continuous use of this App after such amendments or changes, entails your strict acceptance thereto.

Definition

"Customer(s)" or "you"	means the users who have signed up for an account on the Lucky APP in accordance with the T&C ;
"Services"	means all the services which may be provided through the APP including, but not limited to, the e-vouchers and the use of the APP e-wallet;
"Discounts"	Means the discounts provided by the merchant to the customers on his different kinds of products from time to time or the purchase in his commercial stores.
"App"	means the mobile APP of Lucky as available for download through APP Store and Play Store and any other platform;
"Service Provider" or "Company"	means the company Lucky Egypt for Software;
"Lucky wallet"	means the e-wallet performed by the Service Provider for his customers while dealing with the contracting merchants and paying off their entitlement.
"Invoice"	means the receipt, invoice, instrument or document which evidences the transactions being affected between the Service Provider and the Customer which include, inter alia, the service along with the price and the company’s details (name, tax number, beneficiary’s name);
"Products"	Means the products or/and the services provided by the merchant.
"Merchant"	Means the merchant who avails the Products and the discount.

1. Use of the APP

• You are not entitled to use this APP except in strict compliance with the T&C in all events in a legitimate manner; which includes compliance with the applicable laws, regulations, and conditions as may be applicable within the Arab Republic of Egypt from time to time.
• All contents published hereto are either licensed to, or owned by, the Service Provider and are subject to legal protections.
• By using this APP, you acknowledge your implied acceptance to use this APP strictly in personal, not commercial, purposes.
• Unauthorized use or access is prohibited per se to acquire any sort of discounts or services unlawfully or breaching the T&C may subject you to immediately terminating your account and undertaking all required actions to preserve the Service Provider’s rights.
• The Service Provider shall not sell or interfere by any mean in producing or manufacturing or preparing any of the presented products on it, and what is performed by this APP for the customers is only providing the possibility for search and find the discounts and the merchant’s offers subscribed in the APP. And the merchant is the sole responsible on compliance with the laws, regulations, standards and criteria applied in the Arab Republic of Egypt, concerning, preparing, making, selling, marketing and safety of the product.
• The role of the Service Provider shall be limited to creating and managing the APP for the communication between the merchant and the customers, and the Service Provider shall not bear any financial transaction liability between the customer and the merchant except concerning the settlement

2. Scope of Services and Merchants Information:

• All information contained in the APP, are provided by the Merchants without any liability on the Service Provider. That information are subject of any amendments according to the merchant’s policy, either all the Products entitled of discounts, presented by the merchants not available at all times or all areas, and this is not considered as a breach by any party of his obligation.
• All the merchants preforming their products by this APP are contractors with the Company and this contracting relation is subject to be terminated at any time, which entails the removal of any discount that belongs to the merchant.
• The company undertakes to exercise the prudent man diligence in updating the recent data on the APP, including the merchant’s products subject of discounts, to ensure the harmony between the performed Products on the APP and preformed in his stores. The provided data is similar to the “actual condition”, and its change for external reasons shall not figure any liability on the company
• The APP avails the option to the Customer to benefit of a limited number of discounts via redemption of vouchers. Such limited number will be determined by the Service Provider from time to time on the App.
• The Service Provider offers to the Customer unlimited number of discounts via redeeming discounts available on the APP in consideration of an annual subscription to “Plus” offer. The subscription offer price is not inclusive of VAT as the total consideration amount will be determined in the APP prior to purchasing.
• The Customer (using either Regular, Plus subscription or any other subscription which may be available by the Service Provider later on) shall carefully examine and read the terms and conditions related to each and every discount voucher. Such terms will define further conditions including the number of permitted discount redemptions of the same Product.

3. Subscription Fee & Payment Method:

• The annual subscription fee shall be payable via different electronic payment method as may be available on the APP from time to time, including but not limited to, online payment via credit card , via e-wallet, via couriers & messengers or via point of sales in the places determined by the Service Provider from time to time on the APP. The Service Provider reserves the right, at all times, to amend any such payment method at its discretion with notification to the Customer via email or push notification or any other method.
• The Customer shall bear any disbursement, payment processing fee or delivery fee relating the payment of the subscription fee. The Company will ensure displaying the cost of each payment method to the Customer before the effective purchase by the Customer.
• If the customer chooses to pay the subscription by virtue his e-wallet, he must provide the Service Provider with the data required by that wallet according to what appears on the APP interface.
• Upon subscription of the Customer, the company will send the former a message on the APP to insure all the contracted data and that he had paid the annual subscription, attached with an invoice. confirming valid subscription and confirming successful payment.

4. Lucky wallet

• These terms and conditions are implemented on the Lucky wallet provided (by the Service Provider) to the customers, the APP allows the customers to charge their wallet through the available methods on the APP from time to time.
• Lucky wallet service is activated once the customer registers his data on the APP. Taking into consideration the wallet is created automatically for each customer who downloads the APP, this wallet is activated when the customer register successfully his data on the APP.
• The use of Lucky wallet by the customer imply an implicit approval of these terms and conditions.
• The customer can reimburse and pay any expenses due for the contracted merchants.
• The customer shall abide by all laws and provisions regulating the e-wallets, and agree to all special terms and provisions announced by the Service Provider regarding Lucky e-wallet on the APP interface and the instructions shown in this regard

5. Liability:

• The Customer shall carefully read all information, terms and conditions referred to in the APP in respect of any service being provided, or Product on the APP, including the type of service, restriction or discount rate and Merchant’s branch. No liability shall accrue on the Service Provider as a result of omission by the Customer to carefully read any of the aforementioned.
• All discounts will exclusively pertain to the Product or services mentioned in the e-voucher. Should the Customer wish to purchase any additional item he shall bear such additional cost without any liability on the Service Provider.
• The Customer understands that the part of the services provided by the Service Provider are being provided by third parties over who the Service Provider has no control. Accordingly, the Customer shall carefully read the terms and conditions of such third parties as to better understand his rights and obligations.
• To the extent permissible under the applicable laws, the Service Provider shall not be responsible for any misunderstanding resulting of omission or whatsoever any reason not attributable to the Service Provider including changes in the discounts, Merchants and/or Products available on the APP.
• The Service Provider does not guarantee by any method the character and quality of any product, or that the products are in compliance with applicable laws and regulations, nor does it guarantee that the list of products offered on the APP matches what is actually provided to customers, moreover, the merchant may undertake to provide the product according to specific standards. However, the APP does not independently verify or confirm these undertakings whether have been implemented by the merchant.
• The Service Provider shall not be obligated or responsible for any product or service provided by the merchant that is unhealthy, that causes any harm or shall be unacceptable to the customers, or that does not meet the customer’s expectations by any method.
• The Customers are the sole responsible of confirming the veracity of their data and determining the desired Products and the APP will not have any obligation or responsibility regarding the wrong data.
• In case that the customer wants to refund the Product’s value that he had been delivered , this will be by virtue the merchant in accordance to his internal policy, and the Service Provider shall not bear any responsibility in the process of refunding that value except in case of paying off the product or the service value by the customer by virtue the Lucky wallet, the refunding operation shall take place by the same instrument of payment on the Lucky wallet, this shall be done by the Service Provider in the sole purpose of facilitating a technical support according to the terms and conditions of APP from time to time.
• The information, products, services, and materials available through the APP - whether they were provided by the service provider, or by virtue the merchant or third parties - including but not limited to, the products and services orders, presentations, texts, photographs, graphics, audio files, videos and links, provided "as it is" and as available without any kinds of guarantees whether is explicit or implicit to the maximum limit allowed by the law. The service provider shall drop all the undertakes and the guarantees whether explicit or implicit, and does not only include the guarantees subject of marketing, convenient for a special purpose, property, not to violate, free from electronic device viruses, the implied guarantees arising from the deal or the performed context.
• Based on the aforementioned clauses in this fifth clause (“Liability”), the Service Provider or managers, officials, agents, employees or contractors of the Service Provider have no liability regarding any direct or indirect loss or damage, special or consequential (including but not limited to the damage caused by business loss or loss of profits), that arises from these terms and conditions, or any failure or dispute of the use or inability to use this APP.

6. Communicating with the Service Provider:

• All comments, inquiries and requests related to the APP or the privacy policy shall be welcomed, you may contact the service provider by the following means:
  • via: email to Support@thelucky.app
  • The "Help and Support" section provided by the APP.
  • Address: Building A12 KM28, 3rd floor, Smart village, Cairo-Alex desert Rd, Giza, Egypt
  • Phone: 02-35372230

7. Trademarks and Copyrights

• All intellectual property rights, registered by the APP, and all content information and designs contained on the APP are considered to be the Service Provider’s property including but not limited to, texts, graphics, programs, images, video, music and sound, their selection and formatting, as well as all types of software, source codes and official programs. All contents of the APP are also protected under the copyrights law in the Arab Republic of Egypt and international agreements. All rights reserved.

8. The refund of the annual subscription

• Taking into consideration the provisions of clause 8-2, the customer can cancel his subscription and refund the value of the subscription at any time within fourteen days from the date of the subscription in accordance with clause 8.2 and 8-3. The customer may not withdraw from contracting and recover the value of the annual subscription that he had paid in the following cases (whichever is earlier):
  • Exceeding the permitted number of free discounts used according to the free system regarding to what the company determines from time to time.
  • The 14 days have been passed since contracting as confirmed by the customer through the APP.
• Taking into consideration the provisions of clauses 8.1 and 8-3, in the case that the customer desires to cancel the subscription and refund the price of the subscription, the Service Provider is obliged to refund the subscription amount within a period not exceeding 7 days (not including official holidays) from the date of the customer's request to withdraw from contracting, noting that the refund of the subscription price will be by the same instrument in which the subscription was paid, provided that the customer will bear the delegate's transportation expenses in case of cash payment and all administrative expenses in case of payment via any electronic payment method.
• The subscription is refunded in case of cash payment during 14 working days from the Service Provider notification of the customer's desire to cancel the subscription.
• The subscription shall be refunded in case of payment by one of the electronic payment methods within 14 day working days, and in case of any delay in returning the amount to the account of the customer who paid it, the customer must follow up with the bank directly and the Service Provider will send a message to the customer via the APP containing A printed copy of the refund notice from the online payment gate concerning the payment card as a reference for him in case that the customer wishes to review the bank, and the customer may not refer to the Service Provider in the case of a delay in transferring the value of the subscription
• Once the customer notifies the Service Provider of his desire in canceling his subscription in Plus service; the service provider shall stop any features provided to the customer related to Plus service, with carrying on benefiting from the provided service according to article 2.4.
• The customer cannot waive any of his rights in the services provided by the APP to any other person

9. The annual subscription period calculation:

• The annual subscription period is calculated from the date of transferring the subscription by the aforementioned means in the clause no. 3 and the customer receives a message either through the APP or email or any other means determined by the company from time to time that includes confirmation for the activation of the service.
• The service is activated since the receipt of the confirmation message from the Company for 12 months.
• The service is renewed automatically unless the customer cancels the subscription by the APP at least one day before the renewal date.

10. The eligibility of the customer

The customer approve that he is at least 21 years old and that he possesses the eligibility for disposal that authorizes him to agree to use this APP and bears his financial obligations.

11. The return the product

The Service Provider shall not bear any responsibility in case of returning the product to the merchant and in this case the merchant’s terms shall be applied.

12. Privacy

The Service Provider does not save any information about the electronic payment cards of customers when using them, but the Service Provider maintains a portion of customer’s payment card information in an encrypted form while taking all measures and procedures of physical and electronic protection to preserve it and all the conditions and provisions stipulated in the privacy policy available on the following link: https://thelucky.app/en/pages/policy.

13. The compensation

The customer agrees to compensate the Service Provider for all damage, loss, costs and expenses, including legal fees, arising from his breach of these (T&C) and/or other obligations arising from his use of the APP and/or discounts, services including the use of any of the comment space for insulting or slandering or posting any messages that would harm others, and the company has the right to sue the customer for a compensation in this case, regarding the damage and to introduce it in any lawsuit filed for the company due to the customer’s mistake.

14. GOVERNING LAW

• This T&C shall be subject to the law of the Arab Republic of Egypt, and any dispute that may arise shall be referred to the competent courts of jurisdiction in the city of Cairo.
• In the disputes which may arise in relation to this agreement, the member agrees, states and warrants that any bookkeeping entry, microfilm, microfiche and computer records constitute a valid, binding, absolute and exclusive evidence; this article has the characteristics of an evidential contract, and that the member waives in advance all kinds of objections to the specified Service Provider records and the right to tender an oath in relation to the fact that these records are kept in due form.
• If any part of these Terms of Use is deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any of the remaining provisions of these Terms of Use. No waiver by the Service Provider shall be construed as a waiver of any preceding or succeeding breach of any provision.