With swyp, that’s the plan.
These specific terms and conditions (“Service Specific Terms”) apply in relation to the provision of the Service by the Service Provider to the Customer, in addition to the other constituent parts of the Agreement between the Service Provider and the Customer.
Unless the context requires otherwise, the expressions and definitions appearing in the General T&Cs (Consumer) shall have the same meaning ascribed thereto in these Service Specific Terms, and the following expressions and wording shall have the following meanings:
(a) “Agreement” means the entire contractual agreement between the Service Provider and the Customer, comprising of the constituent parts set out in Clause 3 of the General T&Cs (Consumer).
(c) “Customer” means the person who purchases or subscribes to the Service (who must be aged 15 – 29 at the time of subscribing for the Service).
(d) “Default Mobile Pre-paid Plan” means the default mobile pre-paid plan on the swyp SIM at the pay-as-you-go tariffs available on the swyp Website and as may be amended from time to time.
(e) “General T&Cs (Consumer)” means the Service Provider’s general terms and conditions for consumer (i.e. non-business) products and services which are published on the Service Provider’s website and are available through the other communications channels referred to in Clause 30 of the General T&Cs (Consumer).
(f) “Minimum Recharge” means the minimum amount in UAE dirhams which must be credited to the Customer’s swyp Account each month to retain swyp Membership as detailed in the applicable price list published on the swyp Website and as may be amended from time to time on prior notice.
(g) “Minimum Term” has the meaning given to it in Clause 3(b).
(h) “Service” means the pre-paid mobile telecommunications service which comprises mobile, application, data and membership functionality under the name ”swyp”, as described in more detail in Clause 4.
(i) “Service Provider” means Etisalat (Emirates Telecommunications Corporation and any of its wholly-owned subsidiaries), which offers the service for “swyp”.
(j) “swyp Account” means the Customer’s Service account linked to their swyp mobile number.
(k) “swyp App” means the swyp mobile application, as described in more detail in Clause 8.
(l) “swyp Membership” means membership to swyp which is paid for monthly, as described in more detail in Clause 7, and “ swyp Member” shall be construed accordingly.
(m) “swyp SIM” means the SIM card on which the Service is available.
(n) “swyp Website” means www.swyp.ae.
3. Commencement & Duration
(a) The Agreement is valid and binding on and from the date on which it is submitted to and accepted by the Service Provider (the “ Effective Date”).
(b) The Term of the Agreement starts on the date on which the Service Provider makes the Service available to the Customer (“ Activation Date”) and shall continue in force for an indefinite period unless and until it is terminated by one of the parties. The Agreement does not have a minimum commitment period.
4. SERVICE DESCRIPTION
(a) The Service is a pre-paid mobile telecommunications service with membership benefits. The Service is made available to the Customer by using a swyp SIM in conjunction with the swyp App which is downloaded by the Customer to their mobile telecommunications device.
(b) Voice calls, SMS and any mobile data usage which is outside of the swyp Membership Benefits (and outside of any purchased Additional Packages) will be subject to the Default Mobile Pre-paid Plan. Price lists and tariffs applicable from time to time are available on the swyp App or swyp Website.
(c) International roaming charges may apply if the Customer uses the Service to make calls or use mobile data when travelling outside the UAE.
Full swyp Membership benefits include:
(a) Special pre-paid mobile telecommunications plans including data allowances for consumption of data used for certain social networks.
(b) The option to purchase additional packages which may include data and social data and such other additional packages which may be made available to the Customer from time to time (together the “ Additional Packages” as further described on swyp Website and/or via the swyp App),
(together the “swyp Membership Benefits”.)
The full list of swyp Membership Benefits can be found on the swyp App or swyp Website. The Service Provider reserves the right to make changes to the swyp Membership Benefits (including withdrawal of any swyp Membership Benefits) at any time during the Term in accordance with the provisions of Clause 25 of the General T&Cs (Consumer).
Use of swyp SIM without full swyp Membership:
The swyp SIM may also be used without swyp Membership for voice calls, SMS, mobile data usage and other services which are outside the scope of the Services and the Default Mobile Pre-paid Plan will apply.
To be eligible for the Service the Customer must be aged 15 – 29 years old at the time of subscribing for the Service and must be able to present a valid Emirates ID Card. Provided that the Customer subscribes for the Service before the age of 30, the Customer is entitled to continue receiving the Service after this date as an alumni swyp Member.
Account / Number Portability
To be eligible for the Service the Customer must either:
(a) Register for a new swyp mobile number; or
(b) Have an existing mobile pre-paid or mobile post-paid account in the Customer’s name with Etisalat or another UAE telecommunications network operator and transfer their existing mobile number to a swyp Account including, where applicable, in accordance with the current mobile number portability process.
Only one swyp SIM and swyp Account is available to each Customer and any subsequent orders or subscriptions for swyp Accounts will be automatically rejected.
The following Etisalat existing accounts are excluded from transferring to a swyp Account: VIP, Five SIM and Corporate Accounts.
6. ordering and account registration
The Customer may place an order for the Service either by:
(a) Visiting one of the Service Provider’s outlets and registering for a swyp SIM in person presenting a valid Emirates ID Card to set up a swyp Account; or
(b) placing an order via the swyp App, making payment for the SIM using a credit card issued by a bank in the UAE, receiving the swyp SIM by courier to the Customer’s chosen delivery address and presenting a valid Emirates ID Card to the courier for verification of the information provided when ordering the Service and to enable completion of the SIM registration.
In the event that the Customer does not present a valid Emirates ID Card, has provided incomplete or inaccurate information when ordering the Service or fails to meet the eligibility criteria set out in Clause 5, the swyp SIM registration and swyp Account set up will not be completed, so the order will be cancelled and the shipped SIM will be returned. Any payments made by the Customer will not be refunded.
It is the Customer’s sole responsibility to ensure that they meet the eligibility criteria for the Service before placing an order and to provide complete and accurate information which matches their Emirates ID Card.
If the Customer cancels his service order before the date on which the Service is made available for the Customer’s use by the Service Provider, the Customer shall be liable to pay for any work undertaken in relation to the activation or provision of the Service. In addition, the Customer may forfeit some or all of any advance payment or deposit paid by the Customer upon purchasing or subscribing to the Service.
In order to receive the monthly swyp Membership Benefits the Customer must become a swyp Member by crediting their swyp Account with the Minimum Recharge every month. The amount of the Minimum Recharge will pay for the swyp Membership and the swyp Membership Benefits will be available to the customer on a monthly basis. The Customer will be notified in advance of any change to the Minimum Recharge.
Further details of the swyp Membership Benefits are available on the swyp App and in the FAQs section as well as on the swyp Website.
Any balance remaining on the swyp Account after payment of the swyp Membership can be used:
(a) towards future monthly swyp Membership payments; and/or
(b) to purchase Additional Packages; and/or
(c) for any Default Mobile Pre-paid Plan usage or other pay-as-you-go services which fall outside of the Service benefit.
Provided that the Minimum Recharge amount is available in the Customer’s swyp Account each month on the renewal date (i.e. one month from the previous payment date) “Renewal Date” the swyp Membership will be automatically paid from the swyp Account and the swyp Membership will automatically continue for another month.
Details of whether an Additional Package is renewable or non-renewable and the expiry date is available in the package details on the swyp App. Where an Additional Package is automatically renewable, it will be automatically deducted from any sufficient credit in the Customer’s swyp Account on the relevant Renewal Date (which may or may not be the same as the Renewal Date of the swyp Membership).
If the Customer’s swyp Account credit is below the Minimum Recharge on the Renewal Date the swyp Membership will not be paid and the swyp Membership will be temporarily suspended. During any period of temporary suspension the Customer will not qualify as a swyp Member and the swyp Membership Benefits will not be available to the Customer. For the avoidance of doubt, this means that the Customer will not receive the special pre-paid mobile telecommunication plan (including social data allowance), will have no option to purchase additional packages, will not be able to access swyp’s Wi-Fi and will not be able to use the vouchers during any period of temporary suspension. The Default Mobile Pre-paid Plan will apply during this time.
Any Additional Packages that have not yet expired will continue to be available to the Customer during any period of temporary suspension until their expiry.
8. swyp app
The swyp App is a special mobile application which forms an essential part of the Service. It is only through the use of the swyp App that the Customer is able to receive the complete user experience including to:
(a) activate the Service, set up the swyp Account, purchase swyp Membership and Additional Packages;
(b) access and redeem the swyp Membership Benefits;
(c) check current usage and remaining balance; and
(d) access and make use of all other functionalities as may be made available to the Customer by the Service Provider from time to time.
9. Customer Obligations & Restrictions
In addition to the Customer obligations and restrictions set out in these Service Specific Terms, please also see Clause 8 of the General T&Cs (Consumer) for further provisions governing the Customer obligations and restrictions that apply to the Service.
10. SERVICE PROVIDER’s Obligations
The Service Provider will provide the Service to the Customer based on these Service Specific Terms together with the other constituent parts of the Agreement, and in accordance with the law.
11. Charges, Billing & Payment
(a) The Customer will pay all Charges in advance by means of recharging the credit balance of the Customer’s swyp Account by use of a swyp recharge card, Etisalat recharge card, or UAE credit card payment via the swyp App or by receiving credit from another person (friend, relative etc.). An administration fee will be payable on credit transfers and charged to the person sending the credit. The details of the applicable administration fee will be provided to the Customer prior to confirming the transfer.
(b) swyp Membership and Additional Packages will be paid from the Customer’s credit balance as described in further detail in Clause 7.
(c) The data usage of the swyp App itself will not be charged to the Customer after the Activation Date of the Service, with some exceptions, including the following:
i. there may be a data charge where the Customer uses external sources via the swyp App (including, for example, maps and payment platform); and
ii. there may be a data charge where the Customer uses the swyp App when travelling outside the UAE using international roaming.
(d) The Customer may view their remaining credit balance at any time by using the swyp App or by using one of the other communications channels referred to in Clause 30 of the General T&Cs (Consumer).
(e) Please also see Clause 15 of the General T&Cs (Consumer) for further charges, billing and payment provisions that apply to the Service.
12. Suspension, Disconnection OR TERMINAtION BY the service provider
(a) The Customer’s swyp Membership may be temporarily suspended in accordance with the provision of Clause 7 above.
(b) If the swyp Account is inactive for a period of time as detailed on the swyp Website the Service Provider reserves the right to suspend, disconnect or terminate the Service and the Agreement in accordance with the validity rules for prepaid mobile service as stipulated on the swyp Website.
(c) Please also see Clause 19 of the General T&Cs (Consumer) for the provisions governing the suspension, disconnection and termination of the Service or the Agreement by the Service Provider.
13. Termination by the Customer
(a) If the Customer wants to terminate the Service, he/she must give the Service Provider prior written notice.
(b) The Customer acknowledges that, upon receipt of the Customer’s termination notice, it may take up to 30 days to terminate the Customer’s account.
14. CONTACTING the service provider
The swyp App and the swyp Website are the preferred methods of communication for all Customer queries relating to swyp (including the Service, any troubleshooting, these Service Specific Terms and the General T&Cs (Consumer).
Nevertheless, the Customer may contact the Service Provider to discuss the Service (including these Service Specific Terms and the General T&Cs (Consumer), or any other product or service offered by the Service Provider, by using any of the communications channels stated in Clause 30 of the General T&Cs (Consumer).
(a) For the purpose of this Agreement VAT means a tax imposed on the import and supply of Goods and Services at each stage of production and distribution, including the Deemed Supply, in accordance with the provisions of Federal Decree-Law No. (8) of 2017 on Value Added Tax, which shall regulate any related Documents such as tax invoice, debit/credit notes, etc.
(b) Etisalat’s goods, products and services shall be subject to value added tax (VAT) in compliance with the federal Laws & regulations levying and regulating the tax in the UAE. VAT is a consumption tax that the end user is obligated to pay and Etisalat will be only acting as a collection agent on behalf of the Federal Taxation Authority (FTA).
16. SWYP Raffle Campaign Terms & Conditions
Scope of the Raffle Campaign:
These Terms & Conditions (the “T&C’s”) constitute SWYP gamification raffle campaign (“SWYP Raffle”) rules that will apply to all Emirates Telecommunications Group Company (“Etisalat”) eligible active SWYP members/consumers (“ Subscriber(s)”) using active Etisalat’s SWYP app and its platform gamification (“Gamification”) which is used for the SWYP raffles. Gamification is introduced in the new area of SWYP app under the field “Challenges”.
By entering this SWYP Raffle campaign, the Subscriber agrees that he/she has read, understood and accepted to be bound by the following T&C’s.
1. Term of SWYP Raffle Campaign :
SWYP Raffle campaign will be open from 14 of May 2018 and ends on 14 of June 2018 at (12:00) am midnight (“Term”).
2. SWYP Raffle campaign entry criteria:
(a) Subscribers who are eligible to enter the SWYP Raffle campaign are:
i. SWYP subscribers with an active membership.
ii. SWYP Subscribers other than Etisalat’s employees and their respective spouses and children.
(b) No opt-in is required to enter SWYP Raffle campaign.
3. SWYP Raffle Campaign Rules:
(a) Subscribers enters the SWYP raffle for free.
(b) Subscribers have the possibility to earn raffle tickets (“ swypees”) during the raffle period and increase their chances to win prizes by doing certain actions in the app, such as:
i. Check-in areas, visible in the relevant map inside the app. Check-in may also have negative outcome or an offer for the user. Check-in locations can change and will be displayed in the map.
ii. Complete badges. The badges are completed when a specific action is repeated for the required amount of times. When the mission in the badges is completed, the badge will be unlocked and swypees will be awarded to participants.
iii. Buy add-on packages. Buying packages also contributes to unlocking the relevant badges.
iv. Invite friends to activate a swyp membership. Inviting friends also contributes to unlocking the relevant badges.
v. Share on Social platforms. Sharing on social platforms also contributes to unlocking the relevant badges.
(c) Etisalat reserves the right to disqualify any Subscriber if it has reasonable grounds and or other reasons to believe that such Subscriber has breached any provision of these T&C’s or the SWYP rules.
(d) By entering the SWYP Raffle campaign, the Subscriber authorizes Etisalat to record, print and publish the name of the winner, name, surnames, initials, photo, video images or other details as a promotion through all posters, newspapers, TVC’s, radios, social media channels, Etisalats and SWYP webpage and communication channels, once the winner has been announced and validated. Decisions made by Etisalat with respect to the SWYP Raffle campaign, prizes, etc. will be final and no correspondence will be entered into.
(e) Etisalat reserves the right to verify the eligibility of all Subscribers. Etisalat will not be responsible for any consequences for any missing, incorrect or invalid information or legal documents.
(f) Any interruption or early termination of the SWYP Raffle campaign shall not release Etisalat from its obligations to give out already declared awards and prizes until such interruption date, except for the cases when termination or interruption was as a result of actions or events which are not under Etisalat’s reasonable control.
(g) No refunds or replacements to the prizes will be offered, and the prizes are not transferable or redeemable by cash.
4. Winner Eligibility & Selection Criteria:
(a) The winner shall have an active SWYP account. The winner may authorize any person who must be a parent or guardian or custodian (the “ authorized person”) in order to collect or receive the prize on his/her behalf, and who must submit and sign all required legal documentation.
(b) The winner of the prize will be selected randomly via a draw. Each raffle draw will have one winner and three or more as backup Subscribers.
(c) Each winner will be contacted and notified by Etisalat via a telephone call to their subscribed and registered number for up to 3 times a day, and will be informed by the process for collection of the prize. All reasonable attempts will be made to contact the winner. Should Etisalat be unable to contact or reach the winner, Etisalat reserves the right to withdraw the prize entitlement and award the prize to the second alternative winner.
(d) The Prize shall be collected by the eligible winner or the authorized person as per the details determined by Etisalat with regard to the place and date communicated and notified to the winne
(e) If Etisalat contacted the winner and the prize is not collected with three weeks after the draw date of notification by the eligible winner or the authorized person, it will be automatically forfeited and the winner have no rights or claims against Etisalat.
(f) One (1) winner in the raffle cannot win more than one (1) Prize per raffle. Every winner can participate again to any following raffle. However, Grand Prize winner is eligible to enter future minor prize raffles only, whereby minor prize winners are eligible to enter future Grand Prize raffles.
5. Prize(s) Raffle Details:
(a) One (1) Grand Prize Raffle/s will be held on a Mini Cooper car as dated and specified hereunder, based on achieving required actions, activities and goals to earn more swypees and win prize(s):
i. Mini Cooper Midnight Black color, Hatch, Dubai edition, 3 doors, model (2018), for one (1) eligible winner, on 18/June/2018.
ii. Minor prizes include 10 Samsung Gear S3 for ten (10) eligible winners, and 100 Xiaomi headphones for one hundred (100) eligible winners, on 18/June/2018.
(b) One (1) winner for the Prize Raffle cannot win more than one in the Prize Raffle.
(c) The winner cannot make any request for choice of prizes color or specifications or material for the above-mentioned prizes. The prizes awarded by Etisalat will be final.
(d) The prizes winner’s requests for modification or additional specifications must be taken directly with the representative of Mini Cooper (dealers as the case may be) at her/his expenses. Etisalat shall not be responsible for the winner’s decision, disappointment, or any outcome thereof. All and any costs related to the arrangements of licensing, registration, insurance and delivery of the car will be borne by the winner only.
(e) Etisalat shall not be liable for any manufacturing faults, damage of the car once handed over to the winner.
(f) The winner must contact the Mini Cooper dealer to arrange for the car transfer and arrange for third party insurance against damage or loss from the moment the winner owns the car.
(g) Etisalat shall adhere to the relevant law and practices with regard to car registration and car insurance policies in the UAE, by transferring the registration of car won by any winner who is a minor (under the age of 18 years) under the parent or the legal guardian name.
6. Data protection and Publicity:
(a) Etisalat shall collect, store, protect and share personal information such as the name, surname, initials, voice, images, and any other personal identifiable information of the Subscriber(s) in connection with the SWYP Raffle campaign and shall protect such information in accordance with the applicable laws and regulations of the UAE.
(b) The winner consent, to Etisalat’s right to publish and/or use such personal information for promotion, advertising and other media means (print or electronically) at no fees. Also winners agree to provide authorization and/or acknowledgment and releases in the forms to be provided by Etisalat as requested.
(c) Etisalat shall not release any personal or confidential information about the Subscribers to third person(s), unless: i) required to do so by law or ii) to comply with orders or instructions by the applicable UAE regulatory government authorities, or iii) if the Subscriber has first given his/her consent, and iv) in accordance with the clauses of these T&C’s.
7. Proprietary Rights, Limitation of Liability & Indemnity:
(a) The Subscriber must not use or misuse any third party trademarks or intellectual property rights (such as brand name Mini Cooper and/or Apple and/or any brand of any device) without the express written consent of the relevant proprietors.
(b) Neither Etisalat nor any of its directors, employees, agents or suppliers shall accept any responsibility for any damage, loss, death, personal injuries or disappointment whatsoever (“Losses”) suffered by a Subscriber or winner arising from or in any way connected to the SWYP Raffle campaign or the offered prizes and proper functioning or use of prizes or any defect or injury resulting from the same, all Subscribers and/or winners agree that no claim relating to such Losses (including special, incidental, indirect and consequential losses) will be made against Etisalat, its affiliates, directors, employees, officers and agents.
(c) The Subscriber or winner agrees to fully indemnify, defend and hold Etisalat, and its affiliates, officers, directors and agents, harmless immediately on demand, from and against all claims, liabilities, damages, losses, costs and expenses, including legal fees, arising out of any breach of these T&C’s.
8. Governing Law:
The SWYP Raffle campaign and these T&C’s will be governed by the UAE Law and any dispute arises out of theses T&C’s, SWYP Raffle campaign, the offered prizes or awards or the use of the prizes and awards, will be subject to the exclusive jurisdiction of the courts of UAE.