MODESH CREDIT TERMS OF USE

Last updated: 15 October 2023

www.modeshworld.com and its associated mobile applications (collectively the “Apparel Platform”) are owned and operated by DXBeyond LLC, a limited liability company registered in Dubai, UAE with commercial license number 1245969 and its registered office at P.O. Box 45060, Dubai, UAE (the "Company").

These terms and conditions (the "Terms") set out the terms on which shopping cards which have been purchased via the Dream Dubai platform can be used on the Apparel Platform (the “Modesh Credits”). These Terms will be binding on you when you use any Modesh Credit(s) to make a purchase on the Apparel Platform.

In these Terms, when we refer to "we", "us" or "our", we mean the Company; and when we refer to "you" or "your" we mean you, the person using the Modesh Credits on the Apparel Platform.

When certain words and phrases are used in these Terms, they have specific meanings (these are known as "defined terms"). You can identify these defined terms because they start with capital letters (even if they are not at the start of a sentence). Where a defined term is used, it has the meaning given to it in the section of these Terms where it was defined (you can find these meanings by looking at the sentence where the defined term is included in brackets and speech marks).

  1. Using the Modesh Credits

    1. Modesh Credits can only be used as a payment method for purchases on the Apparel Platform.
    2. When you use any Modesh Credits the amount of the purchase will be deducted from the balance on that Modesh Credit. The remaining balance may be applied to future purchases.
    3. Please note that you are responsible for the use of any Modesh Credits, and we will not be responsible if any Modesh Credits are used without your permission.
    4. You may only use Modesh Credits for your personal, non-commercial use. You may not sell any Modesh Credits. Modesh Credits may not be used in sales or promotional activities including as give-aways or prizes in competitions. We reserve the right to cancel any Modesh Credits that we suspect have been resold or obtained in connection with an unauthorised sales or promotional activity.
    5. Modesh Credits will expire in one (1) year from the date of purchase.
    6. Modesh Credits are not a cheque guarantee, credit, debit or charge card and cannot be exchanged for cash or be used towards the purchase of another Modesh Credit.
    7. If the Recipient returns any goods that they have purchased online via the Apparel Platform using Modesh Credits, we'll credit monies owing to the Modesh Credits in your account. Please note that the original expiration date of that Modesh Credit will continue to apply.
  2. Liability

    1. Nothing in these Terms excludes or limits our liability for:

      1. death or personal injury caused by our negligence;
      2. fraud or fraudulent misrepresentation; and
      3. any matter in respect of which it would be unlawful for us to exclude or restrict our liability.
    2. If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it was an obvious consequence of our breach or if it was contemplated by you and us at the time that these Terms became binding.
    3. We only supply Modesh Credits for domestic and private use. You agree not to use the Modesh Credits for any commercial or business purposes and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
    4. Notwithstanding clause 4.2, and save as set out in clause 4.1, our maximum liability to you under these Terms will be limited to the value of the Modesh Credits used to make a purchase on the Apparel Platform.
  3. Changes to these Terms

    1. We may make changes to these Terms from time to time (if, for example, there is a change in the law that means we need to change these Terms) but the Terms applicable at the time of your use of the Modesh Credits to make a purchase will apply to that purchase. Please check these Terms regularly to ensure that you understand the Terms that apply at the time that you use the Modesh Credits.

  4. Other important information

    1. Each of the clauses of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining clauses will remain in full force and effect.

    2. If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

  5. Governing law and jurisdiction

    1. These Terms are governed by the federal laws of the United Arab Emirates and the laws of the Emirate of Dubai. This means that your use of Modesh Credits, and any dispute or claim arising out of or in connection therewith (including non-contractual disputes or claims) is subject to the exclusive jurisdiction of the courts of Dubai, United Arab Emirates.