FROM US DIGITAL - Terms of Service

Last updated: 30/12/2024 17:37

PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING OUR SERVICE.

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  1. These terms
    1. What these terms cover. These are the terms and conditions on which we supply our products and/or services to you. These terms also explain how we share information you provide with our partners to supply products and/or services. These terms tell you who we are, how we will provide our products and services to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.

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  1. Information about us
    1. Who we are. We are From Us Digital FZ-LLC, trading as FROM US a company registered in Ras Al Khaimah, United Arab Emirates. Our company registration number is 45005757 and our registered office is at FDBC2187 Compass Building, Al Shohada Road, Al Hamra Industrial Zone – FZ, Ras Al Khaimah, United Arab Emirates. Our registered VAT number is [not currently applicable].
    2. How to contact us. You can contact us by writing to us at hello@fromus.com.
    3. How we may contact you. If we have to contact you we will do so by writing to you at the email address you provided to us when you created or contributed to a FROM US event.

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  1. Our contract with you
    1. These terms and conditions apply to any FROM US event you create or contribute to or when you purchase a FROM US subscription. When you create a FROM US event, upload content to a FROM US event, make a financial contribution towards a FROM US event, purchase a FROM US subscription, claim a virtual gift card or physical gift these terms and conditions apply. If you are the guardian we will send you an email with a link which allows access to the FROM US site so it can be managed and shared with other contributors. Your payment information may be required before the FROM US event can be sent unless you are utilising the free FROM US service. You must provide us with the email address of the recipient of the FROM US event. It is your responsibility to obtain the necessary permission to do this.
    2. If we cannot accept your order. If we are unable to accept your order or supply our products and services to you, we will inform you of this in writing and will not charge you or will refund you if a payment has already been made. This might be because the product is no longer available, because of unexpected limits on our resources which we could not reasonably plan for, or because we have identified an error in the price or description of the product or because we are unable to meet another request you have specified.
    3. Your FROM US event. We will assign a link to your FROM US event which we send to you in our confirmation email. If you need to contact us at any time it will help us if you can provide the link so we can more easily identify you.
    4. FROM US subscriptions. You can purchase multiple events in a monthly or annual subscription pack. Any individual standard Event can be upgraded to the premium Sapphire or Emerald versions on payment of the appropriate fee. These annual subscription packs will expire one year after the pack is purchased. You can purchase and manage more than one pack at a time however different contact (user) details will be required. 
    5. Partner products. We work closely with selected partners to make certain products available for delivery through our website. To access these products, you will select the relevant product as part of the FROM US order and the product will be provided directly to the recipient by the selected partner. Please note terms and conditions of the relevant partner will also apply to the purchase of any such products and these should be checked prior to purchase.

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  1. Our products/service
    1. Products may vary slightly from their pictures. The images of the sample products on our website are for illustrative purposes only. We cannot guarantee that a device's display of the colours accurately reflects the colour of the products the recipient will receive. Your product may vary slightly from those images. Please note, FROM US provide third party products which are also covered by the terms and conditions of the relevant partner.
    2. FROM US event including contributed funds. Where you have contributed funds to a FROM US event we will need your email address so that we can send you a receipt. Contributions enable the event Guardian to either select a gift for the recipient or to allow the recipient to claim a prepaid card (Gift Card) supplied by our third party Gift Card supplier(s). Recipients will have 180 days from receipt of a FROM US gift to claim their Gift Card prior to its expiry.
    3. Gift Card supplier(s). Once a Recipient has started the redemption process for a Gift Card with a Gift Card supplier, the terms and conditions of that supplier(s) will then apply and we have no further responsibility or obligations to you. It is the responsibility of the Recipient to ensure they have requested the correct Gift Card and that it fulfils their needs, as mistakes cannot be rectified later. Please note that not all Gift Cards advertised by the Gift Card suppliers may be available to you. Availability can be limited depending on the total contribution collected and your geographical location.

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  1. Your rights to add content or make changes
  1. You and the other contributors to a FROM US event can add content and make changes (in accordance with these terms) up until the FROM US event is sent. For more information on How it Works please visit the Resources page on our website.
  2. You may use our site only for lawful purposes. You may not use our site:
    • In any way that breaches any applicable local, national or international law or regulation.
    • In any way that is unlawful or fraudulent or has any unlawful or fraudulent purpose or effect.
    • For the purpose of harming or attempting to harm minors in any way.
    • To bully, insult, intimidate or humiliate any person.
    • To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards below.
    • To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
    • To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

You also agree:

  • Not to use, reproduce, duplicate, copy or re-sell any part of our site in contravention of the provisions of our website Terms of Use. 
  • Not to access without authority, interfere with, damage or disrupt:
    1. any part of our site
    2. any equipment or network on which our site is stored
    3. any software used in the provision of our site; or
    4. any equipment or network or software owned or used by any third party.
  1. All content must comply with the following conditions:

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Content Standards

These content standards apply to any and all material which you contribute to a FROM US message board (Contribution), and to any interactive services associated with it. The Content Standards must be complied with in spirit as well as to the letter. The standards apply to each part of any Contribution as well as to its whole. We will determine, in our sole discretion, whether a Contribution breaches the Content Standards.

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A Contribution must:

  • Comply with the laws applicable in the United Arab Emirates and in any country from which it is posted or received.

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A Contribution must not:

  • Be defamatory of any person.
  • Be obscene, offensive, hateful or inflammatory.
  • Bully, insult, intimidate or humiliate.
  • Promote sexually explicit material.
  • Include child sexual abuse material.
  • Promote violence.
  • Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
  • Infringe any copyright, database right or trade mark of any other person.
  • Be likely to deceive any person.
  • Breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
  • Promote any illegal content or activity.
  • Be in contempt of court.
  • Be threatening, abuse or invade another's privacy, or cause annoyance, inconvenience or needless anxiety.
  • Be likely to harass, upset, embarrass, alarm or annoy any other person.
  • Impersonate any person or misrepresent your identity or affiliation with any person.
  • Give the impression that the Contribution emanates from a third party, if this is not the case.
  • Advocate, promote, incite any party to commit, or assist any unlawful or criminal act such as (by way of example only) copyright infringement or computer misuse.
  • Contain a statement which you know or believe, or have reasonable grounds for believing, that members of the public to whom the statement is, or is to be, published are likely to understand as a direct or indirect encouragement or other inducement to the commission, preparation or instigation of acts of terrorism.
  • Contain any advertising or promote any third party services.

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  1. Our rights to make changes
    1. Minor changes to the products. We may change the product:
      1. to reflect changes in relevant laws and regulatory requirements; and
      2. to implement minor technical adjustments and improvements, for example to address a security threat. These changes will not affect your use of the product.
    2. More significant changes to the products and these terms. We may implement more significant technical adjustments and improvements, for example to address a security threat. These changes will not affect your use of the product.

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  1. Providing the FROM US event
    1. When we will provide the FROM US event. The FROM US events will be made available to the recipient as soon as you send it to them or at the time you have scheduled it to go out. It is the responsibility of the FROM US guardian to ensure the correct email address is used when the FROM US event is sent. We have the right to decline a request to issue a Gift Card if we suspect fraudulent activity and to refund all associated payments. Both the guardian and recipient of the FROM US event will be contacted in this situation.
    2. When will you receive partner products. Any products provided by a partner through FROM US will be made available in accordance with the standard terms and conditions of the relevant partner. Details of each partner can be found on our website, together with details of terms that will apply for each partner.
    3. Storage. We will store each completed FROM US event for a minimum of 1 month after it has been sent to a recipient after which time it may be deleted from our servers. Recipients may be able to download and store their FROM US events depending on the guardian’s selected package at any time before this.
    4. Deletion requests. Both the guardian and the recipient can request that a FROM US event be deleted for privacy, security or other reasons. Where a guardian requests that a FROM US event is deleted, this will be at our sole discretion.
    5. We are not responsible for delays outside our control. If the supply or use of the FROM US event is delayed by an occurrence outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not shared with the recipient.
    6. What will happen if you do not give required information to us. We need certain information from you so that we can allow access to FROM US by the recipient and process payments. We will contact you in writing if we need any additional information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the FROM US event late or not supplying any part of it if this is caused by you not giving us accurate information or the information we need within a reasonable time of us asking for it.
    7. Reasons we may suspend the supply of our products and/or services to you. We may have to suspend the supply of a product to:
      1. deal with technical problems or make minor technical changes;
      2. if we suspect fraud, in line with DIFC’s Anti-Money Laundering and Counter-Terrorism Financing regulations, we reserve the right to suspend any transaction that we suspect involves fraudulent activities. We implement robust fraud detection procedures and may request additional information from you to verify the legitimacy of any transactions;
      3. update the product to reflect changes in relevant laws and regulatory requirements;
      4. make changes to the product as notified by us to you (see clause 6).
    8. Your rights if we suspend the supply of products. We will contact you in advance to tell you we will be suspending supply of a product or service, unless the problem is urgent or an emergency. If we have to suspend the product or service for longer than 60 days you may contact us to end the contract and we will refund any sums you have paid in advance for the product or service so long as it has not been shared with a recipient.
  2. Your rights to end the contract
    1. You can always end your contract with us: As per the UAE Consumer Protection Law, consumers have the right to cancel the contract and request a refund within a reasonable time frame if they receive faulty products or services. This right does not extend to digital products once they have been sent to the recipient, as per the laws governing such transactions in the UAE. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:
      1. If what you have bought is faulty or misdescribed you may have a legal right to end the contract;
      2. If you want to end the contract because of something we have done or have told you we will do, see clause 8(b);
      3. If you have simply changed your mind about the product, see Clause 8(c). You may be able to get a refund, but this may be subject to deductions;
      4. In all other cases (if we are not at fault and you are not a consumer exercising your right to change your mind, see clause 8(e);
    2. Ending the contract because of something we have done or told you we will do. If you are ending a contract for a reason set out at (i) to (v) below the contract will end immediately and we will refund you in full for any products which have not been provided and you may also be entitled to compensation. The reasons are:
      1. We have told you about an upcoming change to the product or these terms which you do not agree to (see clause 6(b));
      2. We have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;
      3. There is a risk that supply of the product or service may be significantly delayed because of events outside our control;
      4. We have suspended supply of the products or service for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 60 days; or
      5. You have a legal right to end the contract because of something we have done wrong.
    3. When consumers do not have a right to change their mind: Your right as a consumer to change your mind does not apply in respect of:
      1. Digital products after you have sent them to the recipient;
      2. Services once these have been completed.
    4. How long do consumers have to change their minds? You may change your mind at any time before you send the From Us message board to a recipient. See clause 8(e). Different rules apply to different From Us packs. Please see 8.6(f) below.
    5. Ending the contract where we are not at fault and there is no right to change your mind. Even if we are not at fault and you are not a consumer who has a right to change their mind (see clause 8(a)), you can still end the contract before it is completed, but you may have to pay us compensation or incur a transaction fee. A contract for digital content is completed when the product is delivered, downloaded or streamed after payment. A contract for services is completed when we have finished providing the services and you have paid for them. In this case, the product is deemed delivered and our services completed when you send the From Us message board to a recipient. If you want to end a contract before it is completed, you can delete the unsent From Us event at any time. The contract will end immediately and we will refund any sums paid by contributors but we may deduct from that refund a transaction fee and/or reasonable compensation for the net costs we may incur as a result of your ending the contract. 
    6. Cancellation of From Us subscriptions. You may cancel your purchase of a From Us subscription within 14 days of your purchase so long as no From Us resources (for example; creation of a message board) have been utilised. Refunds will be provided less the cost of any transaction fees. After 14 days, you may still cancel your purchase but no refunds will be issued. If you are entitled to a refund, it will be issued to the same account from which the purchase was made. Please email us on hello@fromus.com if you wish to cancel.

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  1. How to end the contract with us
    1. Guardian. Delete the unpaid From Us event.
    2. Contributor. Delete your message.
    3. How we will refund you. If you are entitled to a refund under these terms we will refund your contribution, by the method you used for payment. However, we will deduct any transaction fees we paid for the contribution from the refund.
    4. When will your refund will be made. We will make any undisputed refunds due to you as soon as possible and in any event within 14 days.

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  1. Our right to end the contract:
  1. We can end the contract with you if you add content to a From Us event which does not comply with our content standards above, see clause 5;
  2. We can end the contract with you if in our opinion you are involved in any fraudulent or other illegal activity;
  3. We can end the contract with you if you breach our website Terms of Use; and
  4. We can end the contract with you if you do not provide us with the information we need to perform our services.

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  1. If there is a problem with the product
  1. How to tell us about problems. If you have any questions or complaints about the product, please contact us. You can write to us at hello@fromus.com or use the WhatsApp customer chat on the website. Please note, where a product has been provided by a third party partner, we may need to refer any problem to the relevant partner for resolution.

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  1. Your rights in respect of defective products if you are a consumer
    1. If you are a consumer we are under a legal duty to supply products that are in conformity with this contract. Nothing in these terms will affect your legal rights.

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  1. Price and payment
  1. Where to find the price for the product. The price of the product (which includes VAT or other applicable tax) will be the price indicated on our website when you purchase a subscription or create a From Us event or any gift. All payments are made through our secure third party payment gateway provider. We take all reasonable care to ensure that the price of the product advised to you is correct. However please see clause 13.c below for what happens if we discover an error in the price of the product you order.
  2. We will pass on changes in the rate of VAT (or other applicable tax). If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.
  3. What happens if we got the price wrong. It is always possible that, despite our best efforts, that an incorrect price may be shown. We will normally check prices before confirming your order so that, where the product's correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product's correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract and refund you any sums you have paid.
  4. When you must pay and how you must pay. We use a third party payment provider (Stripe) to manage payments through our site. The payment method accepted through Stripe will depend on your location and browser and most common methods of payment will be accepted.
  5. Contributed funds. Contributed funds are securely held in escrow by our third-party payment gateway provider, Stripe, until such time as the event guardian or recipient selects a gift from the e-boutique. During this holding period, the funds are not transferred to FROM US company accounts, ensuring secure management until the transaction is completed. Whilst no upper limits exist our self-imposed compliance requirements will restrict any total amount collected to the equivalent of the two (2) highest-priced products listed in the e-boutique at any given time. If you change your mind and want a refund of your contribution, you should contact us to make a request and we will confirm if this can be done (on a case by case basis). Please note, refunds will not always be possible (for example once the From Us event is sent to the recipient, no refunds can be made) and where we process any refund, it will incur a reasonable processing fee. If a From Us event guardian cancels or deletes a From Us event, all contributions made under that From Us event will be automatically refunded.
  1. Our responsibility for loss or damage suffered by you. 
  1. We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill.
  2. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products including the right to receive products which are: as described and match information in all material respects we provided to you and any sample or model seen or examined by you; of satisfactory quality; fit for any particular purpose made known to us; supplied with reasonable skill and care; and for defective products under the Consumer Protection Act 1987.
  3. When we are liable for damage caused by defective digital content. If defective digital content which we have supplied damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill we will either repair the damage or pay you compensation.
  4. We are not liable for business losses. We only supply the products to you for domestic and private use.

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  1. How we may use your personal information
  1. How we will use your personal information. We will only use your personal information as set out in our privacy policy, which can be found in full on our website.
  2. We are committed to safeguarding your personal information in compliance with the UAE's Personal Data Protection Law (Federal Decree-Law No. 45 of 2021). Your personal data will be used solely for the purposes outlined in this agreement and as per our Privacy Policy. Any sharing of data with third parties will be in accordance with applicable data protection laws, and you have the right to access, correct, or request deletion of your personal data.

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  1. Other important terms
  1. We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
  2. You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
  1. Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.
  2. If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these 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.
  3. Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
  4. Which laws apply to this contract and where you may bring legal proceedings if you are a consumer. These Terms and Conditions (the "Agreement") shall be governed by, and construed in accordance with, the laws of the Dubai International Financial Centre (DIFC), Dubai, United Arab Emirates, without regard to its conflict of law principles.
  5. Alternative dispute resolution if you are a consumer. Any dispute, controversy, or claim arising out of or in connection with this Agreement, or the breach, termination, or invalidity thereof, shall be resolved by:
  1. Negotiation: The parties agree to attempt to resolve the dispute amicably through negotiation within 30 days of written notice from one party to the other specifying the nature of the dispute.
  2. Mediation: If the dispute is not resolved through negotiation, the parties agree to submit the dispute to mediation under the rules of the DIFC-LCIA Arbitration Centre (DIFC-LCIA), conducted in English, within 30 days from the expiration of the negotiation period.
  3. Arbitration: If the dispute is not resolved through mediation, the dispute shall be resolved by binding arbitration under the rules of the DIFC-LCIA Arbitration Centre. The place of arbitration shall be DIFC, Dubai, UAE. The arbitration panel shall consist of a single arbitrator, and the arbitration shall be conducted in English. The decision of the arbitrator shall be final and binding on the parties. The parties agree to comply with any award made in such arbitration.

Jurisdiction: The courts of the DIFC shall have exclusive jurisdiction over any matters arising out of or in connection with the enforcement of any arbitration award, and the parties consent to the jurisdiction of such courts for the purpose of enforcing such award.