Terms and Conditions Lucky App

Preamble:

• These terms and conditions (the “T&C”) are governing your use of the APP and by signing up for an account, you acknowledge your 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 any prior notice. Your continuous use of this APP after such amendments or changes, entails your strict acceptance thereto. In case that you don’t agree with these T&C or any of its amendments, please stop using the APP.

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;
"Discount(s)”"	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.
"Financing"	Means the money amount allowed for the Customer to buy Products from the Merchants according to the policies and conditions determined by the Financing Company.
"Credit Limit"	Means the purchasing capacity allowed for the Customer by the Financing Company - according to the policies and conditions determined by the Financing Company, provided that the Customer shall be informed by this limit via an electronic message that appears for him on the APP.
"Financing Company"	Means the company that agrees to finance for the Customers through the APP in order to obtain the Products and this after inquiring about his credit.
"Financing Agreement"	Means the agreement entered between the Financing Company and the Customer by virtue which the Customer obtain the money amount to buy the Products, provided that he acknowledges to refund it on monthly installments in accordance with the schedule mentioned in the agreement.
"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 S.A.E;
"Lucky wallet"	Means the e-wallet performed by the Service Provider for his Customers while dealing with the contracting Merchants and paying off their entitlements.
"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.
"Prepaid Cards"	Means the Prepaid Cards issued by Lucky Egypt for Software S.A.E in collaboration with MEEZA Co. which are in turn administrated and activated via the Smartphone App.
"Bank"	Means Mashreque Bank and all of its respective branches.

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 and legal 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 allowed through the APP. However, in the event of breaching these T&C your account shall be subject to the immediate termination and all the legal measures required to preserve the Service Provider’s right shall be taken.
• 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 to search and find the Discounts and the Merchant’s offers subscribed in the APP and to search, find and coordinate with the Financing Company to allow the Customers to obtain the needed finance to purchase the Products. And that the Merchant is the sole responsible of the 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, also the Financing Company shall be the sole responsible for the compliance with the laws and regulations governing the financing process.
• 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 Financing Company and the Customers. However, the Service Provider shall not bear any financial transaction liability between the Customer and the Merchant except concerning the settlement, also shall never be liable for any financial transaction that occurs between the Customer and the Financing Company.

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. The information are subject to any amendment according to the Merchant’s policy, also all the Products subject to the Discounts provided by any Merchant may not be available at all times or all areas, and this shall not be considered as a breach by any party to his obligation.
• All the Merchants offering their Products on this APP are contractors with the Company and this contracting relation may 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 offered Products on the APP and 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 for the same Product.

3. The Financing Service:

• The Customer acknowledges that he is fully aware that as a prerequisite to benefit from the financing service is to give the Finance Company an authorization to carry out a credit inquiry about him to determine the credit limit that can be granted for him.
• Your usage of the financing service constitutes your implied consent to authorize the Financing Company to carry out a credit inquiry about you.
• The APP provides the Customer with the ability to search, find and coordinate the financing through the APP to purchase Merchants' Products within the credit limit that is determined by the Financing Company for each Customer according to the results of the credit inquiry that was made in this regard and sent in an electronic form on the APP.
• The Customer acknowledges the right of the Financing Company to reduce or increase the total credit limit at its sole discretion.
• It is required for the benefit of the Customer from the financing service, to choose from the APP the link to activate the financing service and follow the instructions that appear to him in the APP, taking into account that the Customer personally must attend to the Merchant and provides him with his mobile phone number registered on the APP and the identity card (The “Customer’s Data”), accordingly, the Merchant shall enter the Customer’s Data into the Service Provider’s system in order to obtain the approval or the rejection of the Financing Company and the Service Provider for activating the financing service for the Customer, this should be through an electronic message that appears to the Merchant on the Service Provider’s system, explaining to him if the Financing Company has accepted or rejected the financing service for the Customer. In the event that the Merchant obtains approval to activate the financing service for the Customer, he assists the Customer in signing the Financing Agreement in accordance with the instructions that appear to him on the Service Provider’s system.
• The Customer acknowledges that he cannot use or benefit from the financing service without signing the Financing Agreement determined by the Financing Company.
• The Customer undertakes to pay the value of the granted financing on the 15th day of each month starting from the date of the start of the installments until its end and in accordance with what is stipulated in the Financing Agreement issued by each financing transaction, in which the total amount of the financing and the return rate are shown (the “Value of the Total Installments”). The installment period chosen by the Customer, may change from one transaction to another according to the payment systems applied by the Financing Company and announced by it on the APP through the Company.
• The Customer acknowledges his full awareness of the Financing Company’s ownership of the Products subject of the financing until he pays the Value of the Total Installments, and shall be considered as a waste of the Financing Company’s money if he delays the payment of the value of two consecutive installments of the Products that were delivered to him as borrowed until the Total Value of the Installments arising from the Products purchasing financing transaction is paid, provided that the Customer is obligated to pay the Total Value of the Installments immediately, otherwise he shall be considered as a traitor to the trust delivered to him, and the Company and the Financing Company shall have the right to take all legal measures against him.
• The Customer acknowledges the Financing Company’s right to impose a daily delay fine on the Customer as stipulated in the Financing Agreement starting from the day following the Customer’s failure to pay any due installment on the date specified in the Financing Agreement, and this fine may be modified by electronic notification to the Customer on the APP
• The Customer acknowledges that the Company and/or the Financing Company is not responsible for the Customer’s ignorance of any apparent or hidden defect or any of the manufacturing defects or the mistake in choosing the Product subject of the financing.
• The Customer acknowledges that he is fully aware of all the guarantees required by the Financing Company to grant him financing and as stipulated in the Financing Agreement signed by him.
• The Customer acknowledges that there are no bankruptcy or insolvency lawsuits filed against him, in addition to the eligibility of the Financing Company to take all necessary measures to declare the right of guarantee in its favor on the Product subject of the Financing process in the movable guarantees registry in accordance with the provisions of the movable guarantees law promulgated by Law No. 115 of 2015 and its executive regulation, and the decisions issued by the Financial Regulatory Authority.
• The Customer acknowledges that he is not entitled in any way to make any kind of disposition on the Product subject of the financing, whether by selling or leasing, making any of the dispositions to third parties, apparent and hidden dependencies, arranging/making any insurance or in-kind mortgage on it, any other form of the informal /customary disposing, arranging any endowment, monopoly, mortgage, loan, jurisdiction, privilege or any other rights to others in any way before paying the Total Value of the Installments to the Financing Company or any other act that may affect the in kind/ in cash interests of the Financing Company, by charging the Financing Company any financial burdens, claims or fees to others or to any entity, legal or natural person, or governmental and/or non-governmental entities, as any of these actions are considered a breach of trust and do not apply to the Financing Company, and it has the right to take all criminal measures against the Customer for the waste of its money, the prohibition of disposing the Products subject of the financing for the favor of the Financing Company remains with the official authorities and any other party approved by the Financing Company until the last installment is paid in regards to the Products subject to the financing.

4. Subscription Fee & Payment Method:

• The annual subscription fee and/or the financing amount installments value 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, e-wallet, 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 upon its sole discretion without bearing any liability.
• The Customer shall bear any disbursement, payment processing fee or delivery fee related to the payment of the subscription fee and/or the financing amount installments value. 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 fee and/or the financing amount installments value 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 the subscription of the Customer, the Company will send the Customer a message on the APP to insure all the contracted data and that he had paid the annual subscription, attached with an invoice.
• When paying one of the installments of the financing amount, the Company will send a message to the Customer on the APP confirming his payment of the installment, and when the Customer pays the Total Value of the Installments, the Company shall send the Customer a message on the APP that he has paid the Total Value of the Installments and the Financing Company shall be addressed to send the clearance to him.
• The Customer has the early payment right of the Total Value of the Installments related to each financing transaction separately after calculating administrative fees 3% of the value of the installments paid in by anticipation through any of the electronic payment methods referred to in paragraph 4-1 and this percentage may be modified by virtue of an electronic notification to the Customer on the APP.

5. Lucky wallet

• These T&C shall be applicable for 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 that the wallet shall be created automatically for each Customer who downloads the APP, this wallet is activated when the Customer registers successfully his data on the APP.
• The use of Lucky wallet by the Customer implies an implicit approval of these T&C.
• 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.

6. Prepaid Cards

• Upon the signature of the customer on the subscription form and after fulfilling the rest of the required conditions, also completing the procedures of the commencement of the prepaid card/amount, following the verification of his identity, the prepaid card service shall be consecutively activated by providing the customer with his own prepaid card issued by MEEZA Co. along with a pin mailer specific to the customer and an SMS that is sent to the registered customer’s number that contains the steps to activate the service with a link to download the smartphone application, the customer has to carry over the entire registration process in case he wishes to change his Smartphone, the customer has the right to deal and act with regards to his e-credit via depositing or withdrawing money from all the ATMs operated by Mashreque Bank, also transferring money from his e-credit to other customers and performing/doing purchases via POS machines and over the internet, all in compliance with the subjective checkpoints and guidelines set forth by the CBE in this regard.
• A prepaid card account is then initiated, and the bank is responsible for managing that account, the customer then deposits money into that account to endorse his account in the form of e-money equivalent to the amount of real money that he has deposited in Egyptian Pound Currency, these deposits are categorized as on-demand deposits and they have no interest rates to be accumulated upon.
• The customer is mandated to preserve and keep his PIN number at all times under his personal liability and discretion, accordingly the customer shall be severally liable for exposing any of the information or data related to him or to any of his accounts if that exposure/reveal is based upon his fault/negligence, disregard or dereliction keeping his PIN number without any liability imposed upon the bank or Lucky Egypt for Software S.A.E, the customer is also obligated to read and comply with the warnings and disclaimers like security alerts or Hacking and Theft/Reverse Engineering Alerts, Social Engineering Alerts, that the application shall be secured and shielded against Anti-Reverse Engineering Attempts, and that the Customer’s phone shall not be hacked or Rooted or Jailbroken, and also to consider that the customer’s acceptance via the Smartphone App to any update or change in the Terms and conditions is considered/resembles a Legal Obligation.
• The right to use the service or benefit from it is exclusively reserved to the customer solely, and the customer is required at all times not to permit, allow or facilitate any 3rd party of using the service or benefiting from it.
• The customer promises to undertake the registration fees (the fees for initiating a prepaid card account) , the annual fees, the depositing, withdrawal and transfer fees, the objection/complaint fees, and the fees for any additional services that the service or platform offers , which shall be determined by Lucky Egypt for Software S.A.E as part of the Banking services fees which the company unveils and announces every now and then, Lucky Egypt for Software S.A.E reserves the right amend any fees from time to time according to its ultimate discretion, the announcement for such changes shall be carried out by the appropriate ways that are seen as reachable to the customer, the usage of the service by the customer after the enforcement date for any o the amendments represents an acceptance by the customer.
• The Bank has the right at any point to terminate the agreement/service, the customer also has the right to cease the service at any time, which shall become enforceable 15 days upon receiving the Service termination request, the customer is obligated to withdraw and retrieve the real money that is equivalent to his e-credit vested in his Prepaid card account, which in turn is done after the verification of the identity of the withdrawer accompanied with the signature of the customer on the Service Termination request at one of the Bank’s branches , the customer has no right to demand nor recourse to the bank with any outstanding amounts/remaining dues and the bank has no legal liability in this regard.
• Upon changing any of the customer’s information or data during/throughout the contract period, the customer is obliged to notify the bank and Lucky Egypt for Software S.A.E with that change within 30 Days Maximum from the date the change took place.
• The usage of the Prepaid Cards by the customer accompanied with his signature on this contract represents an explicit agreement on all the Terms and Conditions offered by Lucky Egypt for Software S.A.E and Lucky’s Prepaid Card service which can be fully accessed and read in its entirety on Lucky’s Website.

7. Liability

• The Customer shall carefully read all information, terms and conditions referred to in the APP in respect of any discount, Product, financing service or any other service being provided on the APP, including the type of Service, Product or discount rate, Merchant’s branch and the Credit Limit allowed for the financing service. 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 shall include only the Product or Service mentioned in the e-voucher. The Customer wishing to purchase any additional item shall bear such additional cost without any liability on the Service Provider.
• The amount of financing is limited to the Credit Limit determined for the Customer and got a notification of it on the APP. In the event that the Customer wants to purchase any Product that exceeds the Credit Limit, the Customer bears the value of the difference between the Product price and the Credit Limit without any responsibility on the Company.The amount of financing is limited to the Credit Limit determined for the Customer and got a notification of it on the APP. In the event that the Customer wants to purchase any Product that exceeds the Credit Limit, the Customer bears the value of the difference between the Product price and the Credit Limit without any responsibility on the Company.
• 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, including, Merchants and Financing Companies. 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 Customer’s misunderstanding resulting from ignoring the reading of the T&C or from amending or removing any Product offered by the Merchant, the Merchants themselves or any other reason that is not related to the Company.
• The Service Provider and/or the Financing Company, does not guarantee by any method the type, the character, the condition, and the quality of any Product and also shall not guarantee any defect that may appear in 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 if it has 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, may be unacceptable for the Customers, or that does not meet the Customer’s expectations in any mean.
• The Customers are the sole responsible of confirming the veracity of their data and determining the desired Products and the APP shall not have any obligation or responsibility regarding the wrong data.
• In the event that the Customer wants to refund the Product’s value that he had been delivered , this will be by virtue the Merchant and in accordance with 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 via Lucky wallet, the refunding operation shall take place by the same instrument of payment of the Lucky wallet, the role of the Service Provider in this case shall be limited to the facilitation of the Service from a technical point of view only in accordance with the terms and conditions of APP from time to time, taking into account that in the event that the Products were purchased through the financing service, the Service Provider informs the responsible Financing Company of this in order to take the necessary measures in accordance with its internal policy, where the role of the Service Provider in this case shall be limited to the facilitation of the Service from a technical point of view only.
• 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 is" and available without any kind of guarantees whether 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 shall 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 sixth 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.

8. 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.
• The address: Building 12 A Kilo 28 Floor 3 Smart Village Cairo Alexandria Desert Road Giza Egypt.

9. 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.

10. The refund of the annual subscription:

• 10.1. Taking into consideration the provisions of clause 9-2, the Customer can cancel his subscription and refund the value of the subscription at any time within fourteen (14) days from the date of the subscription in accordance with clause 9.2 and 9-3. 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 fourteen 14 days have been passed since contracting as confirmed by the Customer through the APP.
• Taking into consideration the provisions of clauses 9.1 and 9-3, 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 fourteen (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 fourteen (14) 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 with the bank, and the Customer may not refer to the Service Provider in the event 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 feature granted to the Customer related to the 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.

11. 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 shall receive a message either through the APP or email or any other mean 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 twelve (12) months.
• The Service is renewed automatically unless the Customer cancels the subscription using the APP at least one day before the renewal date.

12. The eligibility of the Customer

The Customer approves that he is at least twenty-one (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.

13. 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. And in the event that the Customer had purchased the Products through the financing service, the Service Provider shall not bear any responsibility, and that the return of the Product shall be only according to the internal policy of the Merchant and the Financing Company, the role of the Service Provider in this case shall be limited to the facilitation of the service from a technical point of view only.

14. 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/pages/policy.html .

15. 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, Discounts and/or 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 him in any lawsuit related to the Company pursuant to his mistake.

16. GOVERNING LAW

• These T&C shall be governed by the law of the Arabic Republic of Egypt, and any dispute that may arise from it shall be subject to the competent courts of jurisdiction in the city of Cairo.
• Any disputes that may arise in relation or in connection 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 T&C is deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these T&C and shall not affect the validity and enforceability of any of the remaining provisions. No waiver by the Service Provider shall be construed as a waiver of any preceding or succeeding breach of any provision.