T&Cs

ADNOC Rewards

TERMS AND CONDITIONS

Effective as of 29th July 2020

These terms and conditions (the Terms) shall govern the relationship between you and Abu Dhabi National Oil Company for Distribution PJSC or its companies, subsidiaries and/or affiliates (collectively ADNOC, 'we', 'our' or 'us') when you use the ADNOC Rewards Program.

1 Definitions and interpretation

1.1 In this document the following terms have the following meanings unless inconsistent with the context:

Account means the ADNOC Rewards account that the Accountholder has with ADNOC in order to access and use ADNOC Rewards;

Accountholder or Accountholder(s) means any person(s), who hold(s) an Account (as approved by ADNOC);

ADNOC Partners means any participating sponsors and partners providing Rewards as part of ADNOC Rewards;

ADNOC Partner Programme means a programme run by an ADNOC Partner that Accountholders are eligible to access as a result of being an ADNOC Rewards member (subject to any terms and conditions of the relevant ADNOC Partner Programme);

ADNOC Plus Card means the prepaid card available at all ADNOC convenience stores, and can be instantly topped up on ADNOC Wallet;

ADNOC Rewards means the loyalty program run by ADNOC;

ADNOC Station means an ADNOC service station;

ADNOC Wallet means ADNOC's secure (online) customer portal that allows an Accountholder (via the Website or App) to access, create and manage their Account information and to perform Account services;

ADNOC Wallet Terms means the terms and conditions governing the ADNOC Wallet which can be found at https://www.adnocdistribution.ae/en/adnoc-wallet-tcs/;

App means the ADNOC Distribution mobile app which is currently available on the Apple app store and Google app store;

C-store means an ADNOC convenience store;

EID means Emirates ID;

Employee means an employee of ADNOC;

Enrolment Date means the date that an Accountholder successfully registered with ADNOC Rewards;

Family Membership means the joint membership account that an Accountholder may create for the purpose of the Accountholder and their Relation(s) collectively earning Points;

Mobile Pay means a contactless payment token that allows an Accountholder to pay directly from their smartphone;

Points means the points that are the currency brand of ADNOC Rewards which Accountholders are able to earn;

Privacy Policy means the ADNOC privacy policy that sets out the basis on which any personal data that ADNOC collects from you will be processed and can be found here https://www.adnocdistribution.ae/en/footer/privacy-policy/;

Relations means any immediate family member of an Accountholder including (but not limited to) a spouse, child (including any step or adopted child), grandchild, or parents of the Accountholder;

Reward(s) means any product, service, gift or prize that an Accountholder is eligible to receive or redeem when they accrue Points;

Qualifying Transaction has the meaning given to it at clause ‎6.1;

Smart Tag means a wireless payment device that activates upon contact with a fuel nozzle at an ADNOC Station, and automatically deducts the total amount of the fuel from the device after refueling is complete;

Terms means these terms and conditions as may be varied by ADNOC from time to time;

You means the Accountholder who accepts and enters into these Terms. Your shall have a corresponding meaning; and

Website means https://www.adnocdistribution.ae/

2 General

2.1 These Terms in conjunction with the ADNOC Wallet Terms and the Privacy Policy govern your participation in ADNOC Rewards. Any use of the ADNOC Wallet and ADNOC Rewards, which includes any use of the App, is considered as acceptance of these Terms, the ADNOC Wallet Terms and the Privacy Policy (including any amendment of variation of such terms).

2.2 You agree that you have read and understood and agree to be bound by these Terms.

2.3 ADNOC may at any time, and at its sole and absolute discretion:

2.3.1 suspend, terminate, cancel, withdraw, amend or vary ADNOC Rewards and / or these Terms; or

2.3.2 substitute ADNOC Rewards with an alternative rewards scheme.

2.4 Any updated or amended Terms shall supersede any terms agreed to by you and ADNOC in respect of ADNOC Rewards and it is your responsibility to remain aware of any such updates. We will publish the latest Terms on our Website and on the App.

3 Membership

3.1 Each Accountholder must be a resident in the United Arab Emirates and aged 18 years or over (to be assessed on the day that the member joins ADNOC Rewards).

3.2 ADNOC Rewards is available to individuals for their personal use only and is limited to one Account per individual. An Accountholder shall not use ADNOC Rewards for any business or commercial purposes and ADNOC may refuse any application for ADNOC Rewards membership for any reason.

3.3 Employees and their Relations are eligible to join ADNOC Rewards, but neither shall be eligible to enter in to any contests or win any prizes run through or in conjunction with ADNOC Rewards.

3.4 ADNOC may withdraw, cancel or decline to issue any Account, discount and/or any other Reward in whatever form, and/or remove an Accountholder from ADNOC Rewards at any time where ADNOC has a reasonable belief of any:

3.4.1 abuse or attempted abuse of ADNOC Rewards;

3.4.2 breach or attempted breach of the Terms; and/or

3.4.3 behaviour relating to ADNOC Rewards and/or ADNOC that involves theft, misconduct, abusive or offensive behaviour, and/or supplying false or misleading information.

3.5 ADNOC Rewards membership is not assignable, transferable, cannot be copied and subject to clause ‎4.2, can only be used by the Accountholder who is named and registered as a member on ADNOC Rewards.

4 Family Membership

4.1 An Accountholder may create an ADNOC Rewards Family Membership by adding Relations to their ADNOC Wallet and any terms and conditions that apply to such membership in addition to these Terms shall be communicated to you by ADNOC when the Family Membership is created by you.

4.2 Where an Accountholder creates a Family Membership:

4.2.1 the Accountholder and their Relations can individually earn Points, which will be aggregated together, towards the Family Membership;

4.2.2 Relations can only earn Points towards the Family Membership on Qualifying Transactions that are completed using the ADNOC Wallet; and

4.2.3 only the Accountholder can redeem the Points, however ADNOC may (at its sole discretion) give the Accountholder the option to allow the Accountholder's Relations to redeem his/her Points.

5 Enrolment

5.1 When you enrol on ADNOC Rewards and become an ADNOC Rewards member, you will automatically be registered on the ADNOC Wallet and become subject to the ADNOC Wallet Terms.

5.2 Customers who are not existing Accountholders:

5.2.1 can register for ADNOC Rewards through a simple sign-on process via the following channels:

(a) website – users can self-register via the Website;

(b) call centre – users can call our call centre and be registered manually by our agents;

(c) mobile app – users can download the App and register; and

(d) onsite tablet / handheld device at an ADNOC Station – by sharing your EID, onsite staff/promoter can assist in the registration;

5.2.2 will have to provide certain personal information to enrol for ADNOC Rewards. However, for security reasons only your personal mobile number and email address should be registered with ADNOC Rewards. Please note that your Account can only have one phone number and email attached to it and using a phone number or email address that does not belong to you is not permissible under these Terms. You shall be responsible for the accuracy and completeness of any information you provide to us and for keeping the information up to date. Your personal information shall be processed by ADNOC in accordance with the Privacy Policy;

5.2.3 once registered, will be enrolled on to ADNOC Rewards (to which these Terms will apply) and your EID will be used to link transactions to earning Points; and

5.2.4 use of the ADNOC Wallet is subject to the ADNOC Wallet Terms (which are separate from these Terms).

5.3 Existing ADNOC Wallet Accountholders will automatically be enrolled on to ADNOC Rewards and notified of their enrolment.

6 Earning Points

6.1 Accountholders may earn Points on completed transactions on fuel (ULG 91, ULG 95, ULG 98), convenience store purchases, and car wash and lube change services at ADNOC stations on or after the Enrolment Date (a Qualifying Transaction).

6.2 You can earn Points, which will automatically be credited to your Account where you complete a Qualifying Transaction:

6.2.1 using cash or bank card, and you present your EID to the ADNOC Station staff at the time of purchase or show your digital membership QR code; or

6.2.2 using your ADNOC Wallet.

6.3 It may take up to 24 hours for earned or redeemed Points to appear in your Account.

6.4 Points cannot be earned on:

6.4.1 tobacco and related products, phone cards, gift cards, mobile top-ups, lottery, and over the counter medicines; or

6.4.2 purchases made from non-participating stores at ADNOC Stations.

6.5 Subject to clause ‎6.6, ADNOC and ADNOC Partners may at any time provide you with additional ways to receive Points through deals, offers, promotions, and other programs that are not set out in these Terms. Please note that any other deals, offers, promotions and/or programs may be subject to additional terms and conditions (as notified to the Accountholder from time to time).

6.6 ADNOC shall have sole discretion on whether ADNOC Rewards can be used in conjunction with any other deal, offer, promotion and/or programme that is available from ADNOC and/or ADNOC Partners at any given time.

6.7 Points have no monetary value and cannot be sold, assigned or transferred to others, exchanged for money or used as value in other transactions, save for those facilitated by ADNOC Rewards in accordance with these Terms.

7 Redeeming Points

7.1 Accountholders can redeem their accrued Points against the following ADNOC products, services and third party offers:

7.1.1 C-store products (subject to clause ‎7.2.2);

7.1.2 car wash;

7.1.3 lube change service;

7.1.4 vouchers for free / discounted services at an ADNOC Station;

7.1.5 vouchers from ADNOC Partners;

7.1.6 auctions – using Points to bid;

7.1.7 raffles – using Points to get a raffle entry; and

7.1.8 any other products or services that ADNOC makes known to Accountholders from time to time.

7.2 Points cannot be redeemed on:

7.2.1 fuel products; and

7.2.2 certain C-store products including (but not limited to) telephone cards, Salik, any corporate card (iTunes, X box, etc.), tobacco and services.

7.3 If you wish to redeem your Points, you must have sufficient Points in your Account in order to complete the transaction. Subject to this, you can apply for any number of offers available to you in your Account, whether in a single transaction or across multiple transactions.

7.4 Once you have redeemed Points they will automatically be deducted from your Account at the time of redemption and cannot be used again.

7.5 Points must be redeemed by the Accountholders within two years of the Qualifying Transaction (Two Year Period). Any unused Points will expire if they are not used within the Two Years Period.

8 ADNOC Partner programmes

8.1 Points can also be earned and redeemed with ADNOC Partners subject to any applicable terms and conditions required by any ADNOC Partner. It is your responsibility to ensure that you comply with any related third party terms and that you are aware of any third party privacy policies that may apply to you, in conjunction with these Terms.

8.2 ADNOC may at any time and without prior notice to Accountholders, add, withdraw, limit, modify or cancel any ADNOC Partner Programme and it is your responsibility to verify eligibility to earn and redeem Points with any ADNOC Partner.

8.3 In respect of certain ADNOC Partners, Accountholders may make a transfer of Points from:

8.3.1 their ADNOC Rewards Account to any participating ADNOC Partners' loyalty account, or

8.3.2 their ADNOC Partners loyalty account to their ADNOC Rewards Account,

provided always that once Points have been transferred into, or out of, your ADNOC Rewards Account these Points will become non-transferrable. Furthermore pursuant to clause ‎8.1 above, you acknowledge and agree that once Points are transferred to ADNOC Partners' loyalty accounts you will be bound by any applicable terms and conditions that are required by any ADNOC Partner.

8.4 A full list of the ADNOC Partners that you can transfer Points to and/or from is available on the App and Website.

9 Returns

9.1 Accountholders may return item(s) that have been purchased from an ADNOC convenience store (subject to the respective ADNOC returns policy), and where the initial purchase of the item(s):

9.1.1 was paid for using Points, ADNOC Rewards will refund the equivalent Points used to purchase the returned item(s) to your Account within one week; or

9.1.2 earned Points, ADNOC Rewards will deduct from your Account the equivalent number of Points earned from the purchase once the return transaction has been processed. If there is insufficient Points in your Account, the equivalent monetary value of the Points earnt on the relevant transaction, will be deducted from your Account before the amount owed to you is refunded.

9.2 An Accountholder cannot:

9.2.1 exchange any product that they have purchased using their Points (whether at an ADNOC convenience store or elsewhere); and

9.2.2 return or seek a refund for any vouchers and gift cards that they have purchased using their Points.

10 Cancellation and termination

10.1 ADNOC may suspend or terminate your ADNOC Rewards membership at any time, or modify or restrict your ability to use Points, immediately and without notice where ADNOC reasonably believe that:

10.1.1 you have not earned or redeemed Points for a period of 3 or more years;

10.1.2 you have violated any of these Terms;

10.1.3 you engage in wilful misconduct, including but not limited to the fraudulent acquisition of Points or sale or abuse of Points or the sale or abuse of redeemed goods or benefits; or

10.1.4 you have provided us with false, incomplete or misleading information,

and, if we terminate your ADNOC Rewards membership, any accrued Points will immediately be void and cannot be used.

11 ADNOC's rights

11.1 Neither ADNOC nor its agents shall be liable under or in connection with these Terms, ADNOC Rewards or the use or redemption of any Reward, for any indirect or consequential cost, expense, loss or damage even if such cost, expense, loss or damage was reasonably foreseeable or might reasonably have been contemplated by the Accountholder, ADNOC or its agents, and whether arising from breach of contract, tort, negligence, breach of statutory duty or otherwise.

11.2 ADNOC reserve the right to investigate any activity that it believes to be of a fraudulent nature or otherwise seeking to circumvent these Terms.

11.3 You will be responsible to ADNOC for any claims, costs, damages, losses, liabilities, expenses or legal proceedings brought against ADNOC by any third party as a result of unauthorised access to your ADNOC Wallet or ADNOC Rewards in breach of these Terms.

12 Other

12.1 If you are experiencing any problems with accessing or using your Account or have any questions in relation to ADNOC Rewards, please contact us at [email protected] or call us on 800 300 between 7am to 11pm 7 days a week.

12.2 These Terms are governed by the laws of Abu Dhabi and the federal laws of the United Arab Emirates. In the event of any dispute, you agree to submit to the exclusive jurisdiction of the courts of the Emirate of Abu Dhabi.

ADNOC WALLET

TERMS AND CONDITIONS FOR CONSUMER PREPAID ACCOUNTS

This AGREEMENT sets out the terms and conditions that govern OUR supply of the SERVICES and YOUR use of the SERVICES. By registering for an ADNOC WALLET ACCOUNT, applying to procure the SERVICES, or by YOUR use of the SERVICES, YOU agree to be bound by the terms of this AGREEMENT and YOU affirm that YOU are at least 18 years of age or, and if the ACCOUNTHOLDER is a company, YOU affirm that: (i) YOU are an employee, director, or agent of such company; (ii) that YOU have the legal authority to bind such company to the terms of this AGREEMENT; and (iii) that such company agrees to the terms of this AGREEMENT and will comply with them when using the SERVICES. The COMPANY and the ACCOUNTHOLDER may be collectively referred to as the "PARTIES" and/or individually as a "PARTY". The AGREEMENT is composed of the terms and conditions below and any other terms referred to herein.

1 DEFINITIONS

WE have used some definitions throughout this AGREEMENT to try and make them easier to read and understand and these are as set out below:

When we say “COMPANY”, “WE”, “OUR” or “US” we mean “COMPANY” or the relevant company entity entering into the AGREEMENT with YOU (which may be Abu Dhabi National Oil Company for Distribution PJSC or group companies or AGENTS). When WE say “YOU” or “YOUR” WE mean “ACCOUNTHOLDER” (as applicable).

Account means an ADNOC WALLET account that belongs to the individual or corporate (prepaid) ACCOUNT HOLDER, which allows an ACCOUNTHOLDER either to pay money into their pre-paid ADNOC WALLET account and once loaded use such money to undertake transactions with the COMPANY or save their credit or debit card details under ADNOC WALLET account and use funds from YOUR saved credit or debit card to pay for a transaction or increase the stored value in your ACCOUNT to undertake transactions with the COMPANY;

Accountholder(s) means the person(s), firm or company who submits an application form for a (prepaid) ACCOUNT;

ADNOC Wallet means the COMPANY's secure (online) customer portal services that allows an ACCOUNTHOLDER to access, create, manage and use its ACCOUNT;

Card means any debit or credit bank card issued by local banks in the UAE in YOUR name and linked to YOUR ACCOUNT;

PAY AS YOU GO means the service supplied by US enabling YOU to use saved CARD(s) under your ACCOUNT to undertake transactions with the COMPANY;

Agents means any personnel of and/or representing the COMPANY;

Agreement means these terms and conditions for individual and corporate (pre-paid) ACCOUNTS;

SERVICES or SERVICE means any services supplied by US that enable YOU to create, use, operate and maintain an ACCOUNT; and

UAE VAT means value added tax or similar charges in respect of transactions involving the sale or provision of goods and/or services and payable to any Governmental Authority in the UAE in accordance with UAE law.

2 ELIGIBILITY

2.1 You may find further details on what information YOU must supply to US in order to submit an application to apply for an ADNOC WALLET and the SERVICES on OUR FAQs page found here . Please note YOU must submit a complete and accurate application in order to receive the SERVICES and WE may (at OUR sole discretion) reject any application without reason at any time.

2.2 Once YOUR ACCOUNT is activated with US, in addition to the terms of this AGREEMENT, the COMPANY's privacy policy, which may be found here and any other terms and conditions published by the COMPANY from time to time, will also apply. This AGREEMENT and other terms and conditions may be updated by US from time to time and WE will usually put them on OUR website. YOUR continued use of the SERVICES following any update or amendment pursuant to this Part 2.2 shall be deemed as YOUR unequivocal acceptance of this AGREEMENT and any other applicable terms and conditions (as updated by US from time to time).

3 SERVICES

3.1 Without prejudice to Parts ‎3.2 and ‎3.3 below, once YOUR application for an ADNOC WALLET ACCOUNT is accepted, WE may provide the SERVICES to YOU with reasonable skill and care. WE will do what WE can to make the SERVICES available at all times and fault-free, but WE cannot promise that the SERVICES will always be available or fault-free.

3.2 The following conditions shall apply at all times to YOUR use of the SERVICES:

3.2.1 YOU are responsible for all activities and payments that occur when YOU use the SERVICES, including the unauthorised use of any credit/debit cards, or any other payment method used, and YOUR use of the SERVICES by YOU or anyone else using YOUR ACCOUNT (with or without YOUR knowledge). YOU must contact US immediately if YOU become aware of any unauthorised access or use of ADNOC WALLET, YOUR ACCOUNT or the SERVICES. Please see OUR FAQs page found here for more information on how to contact US in the event of any such unauthorised access or use;

3.2.2 In order to use the SERVICES, YOU may need equipment with the correct minimum specification, which YOU may be responsible for and YOU fully acknowledge that failures, errors, omissions or loss of transmitted information may occur at any time during YOUR use of the SERVICES and that viruses or other contaminating or destructive properties may be transmitted to equipment causing damage;

3.2.3 WE do not accept any responsibility (including negligence) for any errors in, or omissions from, any information that may arise from the SERVICES (Errors) and YOUR use of the SERVICES is at YOUR own risk. WE shall not be liable for any losses, damages or expenses (including legal costs) that is incurred or suffered by YOU (or any third party) as a result of Errors; and

3.2.4 any software downloaded as part of the SERVICES is at YOUR own risk and WE do not assume or accept any liability for any loss or damage (whether direct or indirect), howsoever caused or suffered by YOU, as a result of any computer viruses, Trojan horses, worms or similar items or processes arising from YOUR use of the SERVICES.

3.2.5 WE will determine, at OUR sole discretion which CARDS may be eligible to be saved under YOUR ACCOUNT and WE reserve the right to decline any enrolment of a CARD under YOUR ACCOUNT where WE reasonably consider it necessary or prudent to do so, without the need to give YOU any reason.

3.2.6 In order to use PAY AS YOU GO service, YOU must successfully complete the enrolment of at least one valid CARD under ADNOC Wallet. YOUR enrolment will be declined if the CARD is not eligible for this SERVICE, or you failed the authentication process.

3.2.7 YOU must not load / reload YOUR ACCOUNT through a CARD or other payment instrument if YOU are not the named holder of that payment instrument. We take any violation of this requirement very seriously and therefore any attempt to use a payment instrument of which YOU are not the named holder will result in the load / reload transaction being rejected and will be treated as a fraudulent act. Without prejudice to the COMPANY’s other rights and remedies, if WE are required to return funds loaded / reloaded from a payment instrument that is not in YOUR name, WE may charge an additional fee.

3.3 YOU acknowledge and agree that YOU shall (and YOU shall procure that any other person who uses the SERVICES via YOUR ACCOUNT shall) use the SERVICES in line with the following:

3.3.1 YOU are solely responsible for abiding by this AGREEMENT and ensuring that YOU have sufficient funds to use the SERVICES;

3.3.2 YOU shall be responsible for all charges that become due and payable if YOU use the SERVICES to purchase goods and/or services. WE are not responsible for any transactions YOU make whilst using the SERVICES or for how YOU use the SERVICES;

3.3.3 under no circumstances should YOU disclose any information that is used to access the SERVICES (e.g. YOUR password, customer ID number, PIN or username etc.). YOU are solely responsible for the correct implementation, management and monitoring of how YOU use the SERVICES, and for keeping YOUR security credentials, mobile and any other device or means to access YOUR ACCOUNT, safe and secure so as to prevent fraud and to protect your ACCOUNT. As such YOU shall remain liable for any unauthorised or fraudulent use of the SERVICES. Please see OUR FAQs page found here for more information on how to contact US in the event of any unauthorised access or use of the SERVICES. However, please note that WE shall (at OUR absolute discretion) have a right to terminate this AGREEMENT following any reported or suspected unauthorised access or fraudulent use of the SERVICES without notice (see Part ‎7 below);

3.3.4 WE may provide YOU with equipment to use in connection with the SERVICES. The equipment will remain OUR property and YOU must not resell, tamper with, wilfully damage or distribute equipment. WE are not the manufacturer of any equipment that may be provided to YOU to use in connection with the SERVICES. WE are not therefore responsible if any equipment (or part thereof) does not work or is faulty. The third party manufacturing warranty (if applicable) will be YOUR sole and exclusive remedy in respect of any defective or faulty equipment. WE shall have no liability to YOU to repair or replace equipment at any time;

3.3.5 YOU shall indemnify US against all losses, liabilities, costs (including legal costs) and expenses which WE may incur as a result of any claims against US arising from, or in connection with, YOUR misuse of the SERVICES or breach of this AGREEMENT, or any unauthorised or fraudulent use of YOUR ACCOUNT either with or without YOUR knowledge;

3.3.6 YOU shall ensure equipment is not used fraudulently or illegally, or for any fraudulent or illegal purpose. If WE reasonably believe that the use of equipment is unauthorised, fraudulent or otherwise unlawful or has been obtained by fraudulent or unlawful means WE will suspend providing YOU with the SERVICES; and

3.3.7 neither the COMPANY nor any of its AGENTS give any warranties, undertakings or representations of any kind, either express or implied, statutory or otherwise, in relation to the SERVICES, including, but not limited to, any implied warranty of satisfactory quality or fitness for a particular purpose, or any warranty arising by usage of trade, course of dealing or course of performance. The COMPANY does not represent or warrant that the SERVICES can always be relied upon.

4 CHANGES

WE may sometimes want to make changes to the SERVICES or equipment. WE may at any time, without notice to YOU, make any changes to the SERVICES to: (i) reflect changes in the law or regulatory requirements; (ii) implement minor technical adjustments and improvements; or (iii) for any other reason at OUR discretion. YOUR continued use of the SERVICES following any such change shall be deemed as YOUR unequivocal acceptance of a change and any resulting amendment to this AGREEMENT.

5 DATA

5.1 The ACCOUNTHOLDER consents to the use or disclosure to (i) any third party by the COMPANY of any information relating to the ACCOUNTHOLDER's ACCOUNT for marketing, administrative, account collection or credit check purposes and (ii) any competent regulatory or governmental agencies to assist in the prevention, detection or prosecution of criminal activities or fraud. Please visit the privacy policy, which may be found here , for more details. The ACCOUNTHOLDER has the right to modify his or her data information and /or to withdraw his or her consent at any time by notifying US. Upon request of the ACCOUNTHOLDER via our call center at 800 300 or email [email protected], WE shall remove, delete, erase the information accordingly.

6 ACCOUNT CREDITS, RECEIPTS AND ERRORS

6.1 When YOU use the SERVICES to purchase goods and/or services YOU will be responsible for checking and reconciling all charges. For more details on the scope of SERVICES that will be available to YOU please see OUR FAQs page found here.

6.2 As part of the SERVICES, YOU can add funds to YOUR ACCOUNT in U.A.E Dirham (AED). For more details on how to add funds please see OUR FAQs page found here.

6.3 If whilst using the SERVICES any error or omission occurs WE may after further investigation (and at OUR sole discretion) debit or credit YOUR ACCOUNT with an amount that WE deem reasonable and necessary so as to remedy the relevant error or omission. Please see OUR FAQs page found here [https://www.adnocdistribution.ae/en/adnoc-wallet/] to report any such issues. Notwithstanding the foregoing, YOU shall remain liable, at all times, to repay without delay any amounts that are fraudulently, incorrectly or erroneously: (i) added to YOUR ACCOUNT or (ii) omitted from being debited from YOUR ACCOUNT.

6.4 Please note that WE may at any given time (and at OUR sole discretion) place limits on: (i) the amount of funds that YOU can add to YOUR ACCOUNT; (ii) the types and/or amount of goods and/or services that are available to purchase whilst using the SERVICES; (iii) the amount YOU are able to maintain on YOUR ACCOUNT; and (iv) the amount YOU are able to spend on a daily, weekly, monthly or yearly basis.

6.5 – The Wallet Facility is subject to the Company’s schedule of fees and charges as published from time to time.

7 TERMINATION AND SUSPENSION

7.1 WE shall have a right to suspend the processing of any transaction on YOUR ACCOUNT or terminate this AGREEMENT or any part of the SERVICES without giving YOU notice if: (i) WE reasonably believe that YOU or others (whether under YOUR control or not) are misusing the SERVICES including but not limited to making use of the SERVICES for illegal purposes or to engage in fraudulent transactions; (ii) YOU otherwise breach the terms of this AGREEMENT, (iii) YOU repeatedly cause a nuisance or annoyance or otherwise act illegally towards OUR staff, OUR AGENTS or OUR AGENTS’ property; (iv) WE are told to do so by the Government, any other lawful regulatory authority or the emergency services; (v) YOU do not use the SERVICES for more than six (6) consecutive months, (vi) YOU allow anything to happen which may have the effect of jeopardising the operation of the SERVICES; (vii) WE are no longer able to provide the SERVICE; or (viii) for operational or technical reasons.

7.2 Please note, if WE suspend the SERVICES under (i) to (vi) above, YOU may forfeit the right to any funds that are held in YOUR ACCOUNT. Please see OUR FAQs page found here for more information on how to contact US in the event of termination or suspension of YOUR ACCOUNT.

8 ACCOUNT DELETION

You can request for deleting YOUR ACCOUNT using the App. For more information please refer to How to delete my account?

9 FORCE MAJEURE

WE shall not be liable for any failure or delay in performing the SERVICES or any other obligation under this AGREEMENT, nor for damages suffered by reason of such failure or delay, which is, directly or indirectly, caused by an event beyond OUR reasonable control.

10 DISCLAIMERS AND LIMITATION OF LIABILITY

10.1 To the fullest extent permitted by UAE law, WE shall not, under any circumstances, be liable to YOU or any third party for any losses, liabilities, costs, damages, claims, actions or proceedings of any kind that arises out of or in connection with YOUR use of the SERVICES under this AGREEMENT or any unauthorised or fraudulent use of YOUR ACCOUNT. WE are not responsible for any goods or services procured through the SERVICES.

10.2 In the event that WE or OUR AGENTS are found to be liable to YOU under UAE law:

10.2.1 OUR total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise arising in connection this AGREEMENT or with the performance of the SERVICES shall be limited to the total of AED 20,000 for any claim; or AED 40,000 for all claims within any twelve (12) month period; and

10.2.2 WE or OUR AGENTS shall not be liable to YOU for any consequential or indirect damages that arise out of or in connection with this AGREEMENT or with the performance of the SERVICES including (without limitation) any of the following: (i) loss of profits; (ii) loss of business; (iii) loss of goodwill or reputation; (iv) loss of anticipated savings; (v) loss of goods; (vi) loss of contract; (vii) loss of use; (viii) loss of or corruption or damage to data; (ix) loss of management time; or (x) any other commercial damages or losses.

11 WAIVER

No course of dealings nor any delay or omission in exercising any right or remedy shall be construed as a waiver of any right or remedy by US.

12 VAT

YOU shall be liable for UAE VAT, all taxes, imposts, duties, withholding taxes, charges or other assessments applicable to this AGREEMENT or which become applicable in connection with this AGREEMENT. This includes any increase in the rate of VAT, the imposition of a new tax or the extension of an existing tax that has not previously applied.

13 GOVERNING law AND DISPUTE RESOLUTION

This AGREEMENT shall be governed by and construed in accordance with the laws of Abu Dhabi and the applicable Federal Laws of the UAE and the PARTIES hereby irrevocably submit and agree that the courts of Abu Dhabi, United Arab Emirates shall have the exclusive jurisdiction to hear and determine any action or proceeding and to settle any disputes which may arise out of or in relation to this AGREEMENT.

ADNOC DISTRIBUTION DIGITAL PLATFORM

TERMS AND CONDITIONS

1 AGREEMENT, WHO WE ARE AND HOW TO CONTACT US

1.1 You agree to these terms and conditions (TERMS) by accessing and/or placing an order on or through any website or application (DIGITAL PLATFORM) operated by or on behalf of ADNOC Distribution Global Company LLC or its parent company, subsidiaries and/or affiliates (collectively ADGC).

1.2 If you do not agree with the TERMS, you must not use the DIGITAL PLATFORM. ADGC is a company established under the laws of Abu Dhabi, United Arab Emirates and our registered office is at PO Box 4188, Abu Dhabi, United Arab Emirates. When we say ADGC, “we”, “our” or “us” we mean ADGC or the relevant ADGC entity entering into the contract with you. When we say “you” or “your” we mean you, the user or our customer, if applicable.

1.3 You are provided with access to the DIGITAL PLATFORM in accordance with these TERMS and any orders placed by you must be placed strictly in accordance with these TERMS.

1.4 To contact us, please refer to the contact us section on our website (CONTACT US).

1.5 These TERMS are to be read in conjunction with ADGC's PRIVACY POLICY which is set out in SCHEDULE A of these TERMS.

2 AVAILABILITY OF DIGITAL PLATFORM

Currently, the DIGITAL PLATFORM is directed to people residing in the United Arab Emirates (UAE) and we may make it available to other locations at our absolute discretion. We do not represent that any content available on or through the DIGITAL PLATFORM is appropriate for use or available in other locations.

3 COPYRIGHT

The copyright and any other intellectual property (IP) rights in the material contained in the DIGITAL PLATFORM belong to ADGC or third parties, all rights reserved. No part of the DIGITAL PLATFORM may be copied, adapted, modified, distributed, transmitted, displayed, performed, reproduced or published without the prior written permission of ADGC, except if such is done solely for your own personal and non-commercial use and provided that you keep intact all and any necessary copyright and proprietary notices.

4 PROVISION OF THE PRODUCTS

4.1 Any order made on or through the DIGITAL PLATFORM is an offer to buy products and services from us available on the DIGITAL PLATFORM (DIGITAL PLATFORM OFFER). The products available may include liquid petroleum gas cylinders (LPG), gasoline and any other products we may make available at our discretion (PRODUCTS). The PRODUCTS available from the DIGITAL PLATFORM are offered exclusively to persons that are residing and located in the UAE.

4.2 The terms DIGITAL PLATFORM OFFER shall hereafter be referred to as the OFFER.

4.3 Once we receive your OFFER, we will send or convey a message to you confirming receipt of your OFFER and containing the details of your order (ORDER NOTIFICATION). The ORDER NOTIFICATION is an acknowledgement that we have received your OFFER, and does not confirm acceptance of your OFFER. We only accept your OFFER, and conclude the contract of sale for a PRODUCT ordered by you, at the moment you receive a notification from us that we have despatched the PRODUCT (DELIVERY NOTIFICATION). Despite our best efforts, at any point until the DELIVERY NOTIFICATION, we may reject your OFFER to supply the PRODUCTS to you without giving any reason and we will notify you of this as soon as reasonably practicable. Whilst your card may be debited before the contract is formed, if your OFFER is ultimately rejected, a refund will be made to you.

4.4 To contact ADGC, please use the CONTACT US section on our website or contact us via the following channels:

4.4.1 P O Box 4188, Abu Dhabi, United Arab Emirates;

4.4.2 Email: [email protected]; or

4.4.3 Call centre: 600 522048.

4.5 PRODUCTS shall be for non-commercial and domestic use only. LPG shall be supplied to residential customers only. Fuelling services for boats will only be provided to boats that are stationed in warehouses or other locations acceptable to us. Fuelling services will not be provided to boats that are in the water. ADGC reserves the right to refuse orders from businesses or refuse any order that we consider is made for commercial or other non-domestic concerns except in instances where, at ADGC's complete discretion, ADGC has authenticated the user of the DIGTAL PLATFORM as someone who is authorised to order on behalf of a business.

5 PRICE AND PAYMENT

5.1 The estimated prices payable for the PRODUCTS are available on the DIGITAL PLATFORM. We have the right to vary the prices of PRODUCTS in accordance with fluctuations outside our control (for example, due to prices set by the Government on the 27th of every month, gasoline prices set by ADNOC at fuel stations on the day we deliver etc.). Hence, the ORDER NOTIFICATION will include an estimated price only and we can charge a different amount once delivery, installation, connection or collection (as applicable) has taken place. We will charge you separate for delivery, installation, connection or collection and this will be clear at the time of making the order. We may take full or partial payment upon ORDER NOTIFICATION.

5.2 All prices are expressed inclusive of legally applicable VAT payable unless otherwise stated.

5.3 Where there has been an error in the PRODUCTS delivered, we will refund any amount owing to you within forty-five (45) days. Any refund will be completed through the original mode of payment.

5.4 If we discover an error in the price of PRODUCTS ordered, we will inform you as soon as possible (e.g. prior to the PRODUCTS being despatched). We will provide you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled.

5.5 We may run promotions that relate to the price of the PRODUCTS supplied on the DIGITAL PLATFORM from time to time. Nevertheless, we are not obliged to apply any promotional pricing to the PRODUCTS supplied on the DIGITAL PLATFORM. The actual price on the day of delivery may be higher than any promotional price stated on the DIGITAL PLATFORM or in place on the day of the delivery. ADGC may, at its absolute discretion, charge you the higher pricing applicable on the date of delivery.

5.6 The DIGITAL PLATFORM allows payment to be made via credit/debit card for the PRODUCTS. Cash may be accepted as a means of payment for the PRODUCTS if we, in our absolute discretion, so allow. Your credit/debit card details will be encrypted to minimise the possibility of unauthorised access or disclosure. Authority for payment must be given at the time of placing your order.

6 DELIVERY OF PRODUCTS

6.1 Before we deliver the PRODUCTS, you will need to inform us where the PRODUCTS are required to be delivered at the time of making the order (delivery will be made to the address specified by you on the completed OFFER), and where applicable, installed, and you will need to ensure that we may access such places to either deliver or deliver and install the PRODUCTS. Before you buy PRODUCTS, you should check that the:

6.1.1 PRODUCTS fit in your chosen location, where applicable, and

6.1.2 ensure all health and safety laws are followed in respect of the PRODUCTS, their use or location because we do not offer or provide any such guidance.

6.2 We may, at our discretion, engage a third party to fulfil our obligations under our contract with you.

6.3 Prior to the installation of an LPG cylinder, your hose and regulator will be inspected by us. If we identify any problem(s) with either or both of these parts, or any other parts which need to be rectified before installation, and we are willing and able to carry out the necessary repair work (REPAIR WORK), there will be an additional cost payable by you for any such work done in accordance with the price list set out in the DIGITAL PLATFORM, if applicable. If you do not wish us to carry out the REPAIR WORK, we will not install the LPG cylinder and we will consider obligations under the contract to be fulfilled.

6.4 If your connection valve or pipe is defective, we cannot, and we are not liable to, fix this and you may need to source your own qualified technician and bear any associated costs.

6.5 If applicable and where you have specified in the OFFER that PRODUCTS supplied are to replace your existing products (REPLACEMENT PRODUCTS), we will need to take away the REPLACEMENT PRODUCTS when we deliver the PRODUCTS purchased by you. If you have specified that you have a REPLACEMENT PRODUCT when making the OFFER and we, in our absolute discretion, determine that the REPLACEMENT PRODUCT is unsatisfactory or damaged, we may charge you an amount that corresponds to the price of the PRODUCT that is being delivered.

6.6 We reserve the right to refuse to deliver or install PRODUCTS or collect any item that we believe constitutes a health and safety risk to our employees or anyone working on our behalf.

6.7 Our installation team will have to temporarily interrupt your gas supply to allow a safe installation, so you will need to restart any gas appliances in your home. Nevertheless, we are not responsible for any appliance that fails to restart.

6.8 We are unable to offer installation services to certain areas of the city.

6.9 Our delivery, installation and collection services are subject to availability.

6.10 The delivery address cannot be changed once the DELIVERY NOTIFICATION has been received.

6.11 Delivery times will be agreed with you at the time of placing your order. Delivery is complete when we determine the relevant PRODUCT has been delivered. Whilst we make every effort to deliver all your PRODUCTS in the agreed time window, we will not be liable if we fail to do so in part or in full.

6.12 We shall not be liable for any delay in delivery of the PRODUCTS that is beyond our control or if the delay is caused by your failure to provide us with adequate delivery instructions or any other instructions that are relevant to the delivery of the PRODUCTS.

6.13 Delivery is complete when PRODUCTS are delivered to you.

6.14 The risk in the PRODUCTS shall pass to you on completion of delivery.

6.15 We will make one (1) delivery attempt. After the failed attempt at delivery, (and if prepayment has been made), we will issue a credit for the price of the PRODUCTS only but not for any delivery, installation, connection or collection fees (SERVICE FEE). If prepayment has not been made, we will charge you the SERVICE FEE only. If you would like to have the PRODUCTS re-delivered, you will need to make another order to which, for the avoidance of doubt, a SERVICE FEE would be applicable as if it was the first order.

7 AVAILABILITY

7.1 We provide no warranty or representation on the availability of the PRODUCTS. Sometimes the product specifications may change, in which case we will do our best to offer you a similar alternative. We may experience problems with the supply of certain products and may therefore supply a substitute of the same or better quality at the same price or at the price of the substitute, which may be higher than the price of PRODUCT ordered. If you are not happy with the replacement or substitute you can cancel your order and we will provide a full refund.

7.2 All sizes and measurements are approximate but we do try to make sure that they are as accurate as possible.

8 CANCELLATION AND TERMINATION

8.1 You may cancel an order without any charges being imposed if such cancellation is made before we have dispatched the PRODUCT. A fee will apply to any cancellation of orders after the PRODUCT has been dispatched.

8.2 You may terminate the order and receive a pro-rata refund if all or some of the PRODUCTS ordered are discontinued.

8.3 If, in our opinion, any person or persons, engages in practices that call into question the fair use of the ordering system, we reserve the right to cancel orders and / or to restrict / block access to the DIGITAL PLATFORM for that person or persons. Examples of such activity may include, but are not limited to, placing significant numbers of orders where the orders are cancelled before the DELIVERY NOTIFICATION is sent or the PRODUCT is dispatched.

9 NO WARRANTY

9.1 While we will use reasonable endeavours to verify the accuracy of any information we place on the DIGITAL PLATFORM, we make no warranties, whether express or implied in relation to its accuracy. The DIGITAL PLATFORM is provided on an "as is" and "as available" basis without any representation or endorsement made and we make no warranties of any kind, whether express or implied, in relation to the DIGITAL PLATFORM, or any transaction that may be conducted on or through the DIGITAL PLATFORM including but not limited to, implied warranties of non-infringement, compatibility, security, accuracy, conditions of completeness, or any implied warranty arising from course of dealing or usage or trade.

9.2 We make no warranty that the DIGITAL PLATFORM will meet your requirements or will be uninterrupted, timely or error-free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy and reliability of the DIGITAL PLATFORM. We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the DIGITAL PLATFORM.

9.3 Where the DIGITAL PLATFORM contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. ADGC makes no representations about the suitability of the information and services contained on the DIGITAL PLATFORM for any purpose.

9.4 We cannot accept any liability for any reliance placed by you on any statement or representation in any DIGITAL PLATFORM whether made by us or a third party.

10 USER-GENERATED CONTENT

10.1 The DIGITAL PLATFORM may include information and materials uploaded by other users of the DIGITAL PLATFORM, including to bulletin boards and chat rooms etc. This information and these materials have not been verified or approved by us. The views expressed by other users on or via our DIGITAL PLATFORM do not represent our views or values.

10.2 If you wish to complain about information and materials uploaded by other users please contact us via the CONTACT US section on our website.

11 OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU

11.1 ADGC shall use reasonable care and skill in carrying out the services contained in the DIGITAL PLATFORM. The DIGITAL PLATFORM is provided for general information only. Some information contained in the DIGITAL PLATFORM contains projections, predictions or estimates. Please be aware that the actuality of these statements may be materially different. As such you should place no reliance on these statements and you release us from any liability arising from your reliance on said statements or events.

11.2 Clauses 11.2 to 11.4 set out the entire liability of ADGC (including any liability for the acts and omissions of ADGC's employees, agents and subcontractors) to you in respect of: (i) any breach of ADGC's contractual obligations hereunder; and (ii) any representation, statement or tortious act or omission including negligence on the part of ADGC or any other legal liability in connection with the subject matter hereunder. Except as expressly provided hereunder we exclude all representations, terms and warranties, express or implied, or any duty under UAE law, to the extent possible under the law, regarding the sale of products and supply of services contemplated hereunder, including but not limited to any implied terms of satisfactory quality, fitness for a particular purpose or reasonable skill and care. The liability of ADGC to you for loss or damage arising out of or in connection with any breach of ADGC's obligations hereunder in respect of each event or series of connected events shall not exceed a sum equivalent to the fees paid by you to ADGC for the relevant PRODUCT.

11.3 Save as aforesaid and to the extent permitted by UAE law, ADGC shall not be liable for (whether direct or indirect) any loss of profit, loss of opportunity, loss of business, indirect, incidental, special, or consequential loss arising out of or in any way connected with the use of any information and services on the DIGITAL PLATFORM or otherwise arising out of the use of the DIGITAL PLATFORM and all warranties, terms and conditions with regard to such information and services, whether express or implied arising under law or otherwise are hereby excluded. ADGC cannot be responsible for the security or privacy of the DIGITAL PLATFORM and any information provided to the DIGITAL PLATFORM by you.

11.4 You must bear the risk associated with the use of the DIGITAL PLATFORM. ADGC will not be responsible for any errors or omissions or for the results obtained from the use of such information or for any technical problems you may experience with the DIGITAL PLATFORM.

11.5 You agree to fully indemnify, defend and hold us and our officers, directors, employees, agents and suppliers, harmless immediately on demand, from and against all claims, demands, cause of action, debts, liability, damages, losses, costs and expenses, including legal fees, arising out of any breach of the TERMS by you or any other liabilities arising out of your use of this DIGITAL PLATFORM, or the use by any other person accessing the DIGITAL PLATFORM using your account and/or your personal information.

12 UPLOADING CONTENT TO THE DIGITAL PLATFORM

12.1 Any content you upload to the DIGITAL PLATFORM will be considered non-confidential and non-proprietary. You grant us all of your ownership rights in your content, including (but not limited to) the right to use, store and copy that content, to publish it in a form we deem fit and to publish any personal details provided in conjunction with the content and to distribute and make it available to third parties at our discretion.

12.2 We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you constitutes a violation of their IP rights, or of their right to privacy or is in violation of the laws of the UAE.

12.3 We have the right to remove any contribution you make at our discretion. You are solely responsible for securing and backing up your content.

13 GENERAL PROHIBITION UNDER UAE LAW

13.1 Misuse of the DIGITAL PLATFORM will be treated seriously and dealt with in accordance with UAE law. In particular, viewing, accessing, transmitting, posting, downloading or uploading any of the following materials, is likely to amount to a crime (this list is not exhaustive):

13.1.1 material which is sexist, racist, xenophobic, pornographic, paedophilic or similarly discriminatory and/or offensive;

13.1.2 obscene, derogatory or criminal material or material which is liable to cause embarrassment to ADGC and any of its staff or its customers or suppliers or bring the reputation of ADGC and any of its staff or its customers or suppliers into disrepute;

13.1.3 any defamatory material about any person or organisation or material which includes statements which are untrue or of a deceptive nature;

13.1.4 any material which, by intent or otherwise, harasses, harms, degrades, dishonours, discredits or intimidates the recipient on the basis of (without limitation) religion, gender, race, ethnicity, age, or disability;

13.1.5 any other statement which is designed to cause annoyance, inconvenience or anxiety to anyone;

13.1.6 any material which violates the privacy of others or unfairly criticises or misrepresents others;

13.1.7 confidential information about ADGC and any of its staff, customers or suppliers;

13.1.8 any other statement which is likely to create any liability (whether criminal or civil);

13.1.9 material in breach of copyright and/or other IP rights or if it violates the privacy of others or criticises or misrepresents others;

13.1.10 online gambling or games of chance; or

13.1.11 unsolicited commercial or advertising material, chain letters or other junk materials of any kind.

13.2 You must not:

13.2.1 seek to gain access to restricted areas of any network;

13.2.2 access or try to access data which you know or ought to know is confidential;

13.2.3 intentionally or recklessly introduce any form of spyware, computer virus or other potentially malicious software; or

13.2.4 carry out any hacking activities.

13.3 For your information, any breach of clauses ‎13.1 to ‎13.2 (inclusive) above, would not only contravene the TERMS but could in some circumstances also amount to a criminal offence under the laws of the UAE. If ADGC has evidence of examples of misuse of the DIGITAL PLAFORM it reserves the right to inform and cooperate with the relevant law enforcement authorities, or to carry out a more detailed investigation in accordance with its procedures.

14 OTHER REQUIREMENTS

14.1 The ways in which you can use the DIGITAL PLATFORM may also be controlled by third party rules and policies (e.g. Apple Inc. or Google Play). Use of the DIGITAL PLATFORM may require a device with a sufficient amount of memory and an operating system.

14.2 You may:

14.2.1 download or stream a copy of the ADGC application for personal purposes only unless ADGC waives this restriction and such waiver shall be at ADGC's sole discretion; and

14.2.2 receive and use any free supplementary software code or update of the application incorporating "patches" and corrections of errors as we may provide to you.

14.3 You must be aged 18 or over to use the DIGITAL PLATFORM. By using the DIGITAL PLATFORM, you confirm that you aged 18 or over.

14.4 From time to time we may automatically update the DIGITAL PLATFORM to improve performance, enhance functionality, reflect changes to the operating system or address security issues. Alternatively we may ask you to update the DIGITAL PLATFORM for these reasons.

14.5 If you choose not to install such updates or if you opt out of automatic updates you may not be able to continue using the DIGITAL PLATFORM.

14.6 If you use the DIGITAL PLATFROM on any device or computer not owned by you, you must have the owner's permission to do so. You will be responsible for complying with the TERMS, whether or not you own the device or computer.

14.7 By using the DIGITAL PLATFORM, you agree to us collecting and using technical information about the devices you use the DIGITAL PLATFORM on and related software, hardware and peripherals to improve our products and to provide any services to you.

14.8 Certain services will make use of location data sent from your devices. If you use these services, you consent to us transmitting, collecting, retaining, maintaining, processing and using your location data and queries to provide and improve location-based and road traffic-based products and services. You may stop us collecting such data at any time by turning off the location services settings on your device.

14.9 We may collect and use any personal data we collect from you whether given to us by you or collected from you, in any manner which we deem fit in accordance with the law. By agreeing to these terms and conditions you consent to the collection, use and storage of your personal information. You have the right to withdraw your consent at any time by contacting our call center at 800 300 or email [email protected] and your personal information will be deleted accordingly. Please refer to ADGC's PRIVACY POLICY for further details.

15 WE MAY END YOUR RIGHTS TO USE THE DIGITAL PLATFORM IF YOU BREAK THESE TERMS

15.1 We may end your rights to use the DIGITAL PLATFORM at any time and at our discretion.

15.2 If we end your rights to use the DIGITAL PLATFORM:

15.2.1 you must stop all activities authorised by these terms, including your use of the DIGITAL PLATFORM. You must delete or remove the DIGITAL PLATFORM from all devices in your possession and immediately destroy all copies of the DIGITAL PLATFORM which you have and confirm to us that you have done this; and

15.2.2 we may implement measures to restrict or limit your ability to access or use the DIGITAL PLATFORM or any of its components.

16 GENERAL

16.1 We reserve the right to :

16.1.1 modify or withdraw, temporarily or permanently, the DIGITAL PLATFORM (or any part thereof) with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the DIGITAL PLATFORM; and/or

16.1.2 change the TERMS from time to time, and your continued use of the DIGITAL PLATFORM (or any part thereof) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the TERMS have been changed. If you do not agree to any change to the TERMS then you must immediately stop using the DIGITAL PLATFORM.

16.2 We may transfer our rights and obligations under the TERMS to another organisation.

16.3 You may not transfer your rights or your obligations under the TERMS to another person without our prior written consent.

16.4 This agreement does not give rise to any rights to any third parties.

16.5 Each of the paragraphs of the TERMS operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

16.6 No delay or omission of ADGC in exercising any right, power or privilege under this agreement shall impair or be construed as a waiver of such right, power or privilege, nor shall any single or partial exercise of any such right, power or privilege preclude any further exercise of such right, power or privilege or the exercise of any other right, power or privilege. Our rights and remedies provided for in these TERMS are cumulative and not exclusive of any rights or remedies provided by law. A waiver given or consent granted by us under these TERMS shall be effective only if given in writing and then only in the instance and for the purpose for which it is given. A waiver given by us to you shall not constitute a continuing waiver and shall not prevent us from subsequently enforcing any of the provisions of the AGREEMENT.

17 RULES ABOUT LINKING TO OUR DIGITAL PLATFORM

17.1 You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

17.2 You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

17.3 You must not establish a link to our DIGITAL PLATFORM that is not owned by you.

17.4 You may only link to our DIGITAL PLATFORM if it does not have a detrimental effect on the performance or functioning of the DIGITAL PLATFORM.

17.5 Our DIGITAL PLATFORM must not be framed on any other site, nor may you create a link to any part of our DIGITAL PLATFORM other than the home page.

17.6 We reserve the right to withdraw linking permission without notice.

17.7 If you wish to link to or make any use of content on our DIGITAL PLATFORM other than that set out above, please contact us via the CONTACT US section on our website.

18 DISPUTE RESOLUTION POLICY

These TERMS, their subject matter and their formation, are governed by the laws of Abu Dhabi and the federal laws of the UAE. The Courts of Abu Dhabi will have exclusive jurisdiction.

Last updated: 21 MARCH 2019

SCHEDULE A

ADGC DIGITAL PLATFORM

PRIVACY POLICY

1 THIS POLICY AND THE TERMS

1.1 This policy (together with our TERMS and any other documents referred to on it) sets out the basis on which any personal data we collect from you, or that you provide to us, will be processed by us in conjunction with the TERMS. Please read the following carefully to understand our views and practices regarding your personal data and how we will treat it.

1.2 This policy also sets out the terms between you and us under which you may use the DIGITAL PLATFORM. By using our DIGITAL PLATFORM you are accepting and consenting to the practices described in this policy. Your use of the DIGITAL PLATFORM means that you accept, and agree to abide by, all the policies herein, which supplement our relevant terms of use.

2 INFORMATION WE COLLECT FROM YOU

2.1 We will collect and process the following data about you:

2.1.1 Information you give us. This is information about you that you give us through the DIGITAL PLATFORM or by corresponding with us by e-mail or otherwise. The information you give us may include your name, address, company name, e-mail address, phone number, personal description, photograph or any other information.

2.1.2 Information we collect about you. With regard to each of your visits to the DIGITAL PLATFORM we will automatically collect the following information:

(a) technical information, including the Internet protocol address used to connect your computer to the Internet, browser type and version, time zone setting, browser plug-in types and versions, operating system and platform; and

(b) information about your visit, including the full Uniform Resource Locators (URL), clickstream to, through and from our DIGITAL PLATFORM (including date and time), products you viewed or searched for, page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs), methods used to browse away from the page, and any phone number used to call our customer service number.

2.1.3 Information we receive from other sources. This is information we receive about you if you use any of the other websites we operate or the other services we provide. We are working closely with third parties (including, for example, business partners, sub-contractors in technical, payment and delivery services, advertising networks, analytics providers, search information providers, credit reference agencies).

2.1.4 Cookies. We use cookies to distinguish you from other users. This helps us to provide you with a good experience when you visit us.

2.2 By accessing the DIGITAL PLATFORM you consent to the collection, use and storage of your personal information as set out herein. You can withdraw your consent at any time and also request that we delete your personal data by contacting our call center at 800 300 or email [email protected]. Nevertheless, this may impact your access to the DIGITAL PLATEFORM.

3 USES MADE OF THE INFORMATION

3.1 We use information held about you in accordance with the TERMS and (this list is not exhaustive):

3.1.1 to provide you, or permit selected third parties to provide you, with information about goods or services we feel may interest you. If you do not want us to use your data in this way, or to pass your details on to third parties for marketing purposes, please tell us;

3.1.2 to notify you about changes to our service;

3.1.3 to ensure that content from the DIGITAL PLATFORM is presented in the most effective manner for you and for your device;

3.1.4 to administer the DIGITAL PLATFORM and for internal operations, including troubleshooting, data analysis, testing, research, statistical and survey purposes;

3.1.5 to improve the DIGITAL PLATFORM to ensure that content is presented in the most effective manner for you and for your device;

3.1.6 to allow you to participate in interactive features of the DIGITAL PLATFORM, when you choose to do so;

3.1.7 to measure or understand the effectiveness of advertising we serve to you and others, and to deliver relevant advertising to you; and

3.1.8 to make suggestions and recommendations to you and other users of the DIGITAL PLATFORM about goods or services that may interest you or them.

4 DISCLOSURE OF YOUR INFORMATION

4.1 You agree that we have the right to share your information (both technical and personal) with:

4.1.1 any member of our group, which means our subsidiaries, our ultimate holding company and its subsidiaries.

4.1.2 selected third parties including:

(a) advertisers and advertising networks that require the data to select and serve relevant adverts to you and others. We may make use of the technical and/or personal data we have collected from you to enable us to comply with our advertisers’ wishes by displaying their advertisement to that target audience; and

(b) analytics and search engine providers that assist us in the improvement and optimisation of the DIGITAL PLATFORM.

4.2 We may disclose your information (both technical and personal) to third parties:

4.2.1 in the event that we sell or buy any business or assets, in which case we will disclose your personal data to the prospective seller or buyer of such business or assets.

4.2.2 if ADGC or substantially all of its assets are acquired by a third party, in which case personal data held by it about its customers will be one of the transferred assets.

4.2.3 if we are under a duty to disclose or share your personal data in order to comply with any legal obligation, or in order to enforce or apply the TERMS and other agreements; or to protect the rights, property, or safety of ADGC, our customers, or others or in relation to information security breach investigation and/or notification. This includes exchanging information with other companies and organisations for the purposes of fraud protection.

5 WHERE WE STORE YOUR PERSONAL DATA

5.1 The data that we collect from you may usually be stored in the UAE but we may transfer, store or process in other jurisdictions. By submitting your personal data, you agree to this transfer, storing or processing either within or outside of the UAE. We will take all steps reasonably practicable to ensure that your data is treated securely and in accordance with this privacy policy. If you do not consent to your data being transferred out of the UAE you can exercise your right to prevent such transfer by notifying us.

5.2 Where we have given you (or where you have chosen) a password which enables you to access certain parts of the DIGITAL PLATFORM, you are responsible for keeping this password confidential. We ask you not to share a password with anyone.

5.3 Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to the DIGITAL PLATFORM; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.

6 YOUR RIGHTS

6.1 You have the right to ask us not to process your personal data for marketing purposes. You can exercise your right to prevent such processing by notifying us via our call center at 800 300 or email [email protected].

6.2 The DIGITAL PLATFORM may, from time to time, contain links to and from the websites or apps of our partner networks, advertisers and affiliates. If you follow a link to any of these websites or apps, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites or apps.

7 CHANGES TO OUR PRIVACY POLICY

7.1 Any changes we make to our privacy policy in the future will be posted on this page. Please check back frequently to see any updates or changes.

7.2 Questions, comments and requests regarding this privacy policy are welcomed and should be submitted via the CONTACT US section on our website.

Last updated: July 7, 2022