TERMS OF SERVICE
GENERAL TERMS
1. INTRODUCTION
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a) These terms of service ("Terms of Service") are offered to you ("you") by BMEG ME FZ LLC, and/or its corporate affiliates as applicable (collectively, "BMEG ME") and govern all services offered by BMEG ME in relation to the services provided (the scope of services being described in section 3 below and hereinafter referred to as “the Service”).
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b) BMEG ME reserves the right to amend the Terms of Service at any time by posting a revised version on BMEG ME main website and/or other websites managed by BMEG ME (collectively, "Sites"). Unless otherwise set out herein, the revised Terms of Service will be effective at the time that BMEG ME posts it. Your continued use of the Service shall constitute your acceptance of the prevailing Terms of Service including any term which may have been amended. You are responsible to regularly check these Terms of Service. If you do not agree to the revised Terms of Service, your sole remedy will be to cease use immediately.
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c) The BMEG ME website may be displayed in a variety of languages to enhance user experience and interaction. Save as otherwise expressly stated herein, the display of any particular language or translation is purely to improve user experience generally, and shall not be construed to mean that BMEG ME is targeting or operating specifically in any particular country. BMEG ME is an internet business operating on the world wide web and caters to the language needs of its users internationally.
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d) By accessing and using the BMEG ME service, you accept and agree to all of the terms and conditions contained in these Terms of Service, the Location Specific Terms, the General Terms of Use (located at ) and the Privacy Policy (located at). In the event of any conflict or inconsistency between any of the aforementioned terms and conditions, the Location Specific Terms will prevail with respect to users in the applicable location(s), followed by the Terms of Service, and the Privacy Policy (collectively, "Applicable Terms"). If you do not accept and agree to any of the aforementioned terms and conditions, you should immediately stop accessing and using the BMEG ME service.
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2. IDENTITY VERIFICATION
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a) BMEG ME may from time to time require verification of your identity to confirm your ownership of your bank account. This verification process is required for purposes including but not limited to: (i) fulfilling BMEG ME’s obligations to the relevant government authorities to combat against anti-money laundering activities and the funding of terrorism; (ii) enabling BMEG ME to take action when unauthorised usage of has been detected; and (iii) resolving any disputes relating to the ownership of a bank account.
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b) You hereby authorise BMEG ME, whether acting on its own or through its third-party service providers, to make any inquiries and to collect any documentation that it considers necessary to verify your identity. As part of this verification process, BMEG ME shall request, and you shall provide to BMEG ME, information about yourself that is true, accurate, current, and complete, and which can be verified through documentation that is legally recognised and accepted in the location in which such documentation is issued.
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3. SERVICES
4. TRANSACTIONS
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a) You agree to pay all fees or charges in accordance with the fees, charges and billing terms in effect at the time a fee or charge is due and payable. You agree that BMEG ME and its payments processing partners are authorised to immediately invoice you for all fees and charges due and payable to BMEG ME hereunder and that no additional notice or consent is required. You agree to immediately notify BMEG ME of any change in your billing address or credit card used for payment hereunder. BMEG ME reserves the right at any time to change its fees and billing methods, either immediately upon posting/with notice, on the Sites or by email delivery to you.
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b) ALL TRANSACTIONS MADE ARE FINAL AND ARE NON-REFUNDABLE
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c) All payments to BMEG ME must be made in the credits specified in the user interface for the services. BMEG ME do not include any applicable Taxes. If any payments made with respect to BMEG ME services are subject to Tax in any jurisdiction and you have not remitted the applicable Tax to BMEG ME, you will be responsible for the payment of such Tax and any related penalties or interest to the relevant tax authority, and you will indemnify BMEG ME for any liability or expense it may incur in connection with such Tax. Upon BMEG ME's request, you will provide BMEG ME with official receipts issued by the appropriate taxing authority, or other such evidence that you have paid all applicable taxes. For the purposes of this section, "Tax" means any value-added, sales or use tax, and any other tax measured by sales proceeds, that BMEG ME is permitted to pass to its customers, that is the functional equivalent of a sales tax where the applicable taxing jurisdiction does not otherwise impose a 'sales' or 'use' tax.
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5. REPRESENTATIONS AND WARRANTIES
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By accessing and using the Site and usage of services, you warrant and represent that:
a) you are at least the age of majority in your jurisdiction and/or state of residence, or that you are the age of majority in your jurisdiction and/or state of residence
b) you are capable of entering into a legally binding agreement and not be barred from doing so under any applicable laws.
c) you are a resident in a region where the Service is available.
d) you are using your actual identity
e) the personal particulars that you have provided upon request by BMEG ME for use of the service are true, accurate, complete and current.
f) you will maintain and promptly update your personal particulars, and ensure that such particulars are kept true, accurate, complete and current; and
g) you are not subject to any sanctions, nor are you using services of BMEG ME in any activity involving sanctioned individuals, entities, or countries.
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6. RESTRICTED ACTIVITIES
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In accessing and/or using the service, you shall not at any time, directly or indirectly engage in any of the following activities ("Restricted Activities"):
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a) breach the Applicable Terms and any other legally binding agreement that you have entered into with BMEG ME;
b) violate any law, statute, ordinance, or regulation;
c) infringe BMEG ME's or any third party's copyright, patent, trademark, trade secret or other intellectual property rights, or rights of publicity or privacy;
d) provide false, inaccurate or misleading information about yourself;
e) refuse to cooperate in an investigation or provide confirmation of your identity;
f) use an anonymizing proxy to disguise the place of your residence, whether to bypass geographical restrictions on BMEG ME content, to purchase or redeem at pricings or currencies not applicable to your geographical residence, or for any other purpose;
g) engage in potentially fraudulent or suspicious activities;
h) defame, make libellous statements against, threaten, or harass any BMEG ME staff or any other personnel engaged by BMEG ME in relation to the services
i) disclose or distribute another user’s information to a third party, or use the information for any purposes unless you receive the user's express consent to do so;
j) facilitate or allow any viruses, Trojan horses, worms or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data, or information, use any robot, spider, other automatic devices, or manual process to monitor or copy without BMEG ME's prior written permission;
k) take any action that may cause BMEG ME to lose any of the services from its internet service providers, payment operators, or other third parties;
l) alter, remove, cover, or otherwise deface any identification, trademark, copyright.
m) using in any activity involving sanctioned individuals, entities, or countries; and/or in BMEG ME's absolute discretion, reflect poorly or tarnish BMEG ME's reputation.
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7. INTELLECTUAL PROPERTY
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a) All intellectual property rights in the service are the property rights of BMEG ME and its respective third-party licensors. BMEG ME grants to you a non-exclusive, non-transferrable, and revocable right to access and use the services made available by BMEG ME on the Sites for your personal purposes.
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b) These Terms of Service do not confer you any right to use any trademark(s) or product/service trade name(s) that are owned or registered by BMEG ME. Written approval must be obtained from BMEG ME prior to any use of such trademark(s) or product/service trade name(s).
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c) Save as provided herein, nothing in these Terms of Service shall be construed or deemed as granting or providing to you any right, license, interest, or permission to deal with any intellectual property right of BMEG ME in any way including, without limitation, the right to copy, de-compile, transfer, publish, store, create derivative works or use the same and the right to use the service in an unauthorised manner. You shall promptly notify BMEG ME if you are aware of any third parties engaging in the aforementioned activities.
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8. TERMINATION OF SERVICE
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BMEG ME may in its sole discretion suspend or terminate your access to the service with immediate effect (without entitling you to receive any compensation in respect of such suspension or termination) if:
a) you have created, or are likely to create, imminent harm (including an interruption, disruption or congestion) to BMEG ME’s network or computer systems;
b) you have engaged, are engaging, or are suspected to be engaging, whether directly or indirectly, in the Restricted Activities;
c) you have attempted to defraud BMEG ME;
d) BMEG ME is acting in compliance with a requirement of any relevant regulatory authority or law enforcement body;
e) Refuse to cooperate in an investigation or provide confirmation of your identity when requested;
f) you become subject to any bankruptcy proceedings;
g) you are in breach of any clauses of the Terms of Service, and you fail to remedy such breach within thirty (30) days of written notice from BMEG ME specifying such breach;
h) you have at any time provided any false or incomplete information to BMEG ME, and have failed to provide BMEG ME with such true and complete information within ten (10) days of written notice from BMEG ME requesting for such information;
i) the requirements of any relevant regulatory authority result in BMEG ME having to stop making available the service in a manner that is unacceptable to BMEG ME;
j) you are or become subject to any sanctions, or are any activity involving sanctioned individuals, entities, or countries;
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BMEG ME AND ITS AFFILIATES, OFFICERS AND EMPLOYEES GIVE NO GUARANTEE, REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, IN RESPECT OF ANY ACCURACY, QUALITY, COMPLETENESS, TIMELINESS, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR TITLE OF ANY SOFTWARE, INFORMATION OR DATA, DIRECTIONS, INSTRUCTIONS OR NOTICES, VIEWS, OPINIONS AND RECOMMENDATIONS AVAILABLE ON, RECEIVED FROM, TRANSMITTED TO, OR PROVIDED PURSUANT TO THE TERMS OF SERVICE.
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OTHER THAN LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING DIRECTLY FROM USE OF THE SERVICE, ANY CONDITION OR WARRANTY WHICH MAY BE IMPLIED OR INCORPORATED WITHIN THE TERMS OF SERVICE BY REASON OF STATUTE OR COMMON LAW OR OTHERWISE (INCLUDING WARRANTIES AS TO MERCHANTABILITY, SUITABILITY, SATISFACTORY QUALITY AND FITNESS FOR PURPOSE) IS HEREBY EXPRESSLY EXCLUDED.
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8.2 In no event will BMEG ME, its employees, subsidiaries, related corporations, associates, affiliates, and service providers be liable for any loss suffered by you or anyone else in connection with any of the following:
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a) decision made or action taken by you or anyone else in reliance on the service, or as a result of the use of the service your failure to comply with your obligations as set out in the Terms of Service;
b) any act or omission of any underlying carrier, service provider (including BMEG ME's service providers), vendor, participating merchant or third party;
c) any cause that is beyond the control of BMEG ME, including without limitation, the failure of an incoming or outgoing communication; and
d) incorrect, false and/or incomplete information that you have provided to BMEG ME.
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9. LIMITATION OF LIABILITY
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a) In no event shall BMEG ME's aggregate liability to you for any claims under or pursuant to these Terms of Service exceed the value of the services at the time that your claim arose.
b) To the maximum extent permitted by applicable law, in no event shall BMEG ME be liable for any special, incidental, indirect, or consequential damages or loss whatsoever (including, but not limited to, damages for loss of profits or loss of confidential or other information, for business interruption, for loss of privacy, for failure to meet any duty including of good faith or of reasonable care, for negligence, and for any other pecuniary or other loss whatsoever) arising out of or in any way related to the use of or inability to use or otherwise under or in connection with any provision of these Terms of Service, whether arising by tort (including negligence), strict liability, breach of contract or breach of warranty by BMEG ME, and even if BMEG ME has been advised of such damages.
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10. INDEMNIFICATION
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Unless otherwise provided by applicable law, you shall indemnify BMEG ME, its employees, subsidiaries, related corporations, associates and affiliates against any and all loss (including reasonable legal costs) suffered by BMEG ME, its employees, subsidiaries, related corporations, associates and affiliates to any person as a result of your breach of the Applicable Terms.
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11. RESPONSIBILITY FOR TAXES
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You are responsible for the reporting and payment of any applicable taxes arising from your use of the services. You agree to comply with any and all applicable tax laws in connection with your use of the services.
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12. COMMUNICATION WITH BMEG
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You may email BMEG ME at if you require clarification on any suspension or termination of service by BMEG ME.
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13. FORCE MAJEURE
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BMEG ME shall not be liable for any delay or failure to comply with its obligations under these Terms of Service, where the cause of such delay or failure is beyond its reasonable control. Such causes may include an act of God, riot, civil commotion, strike (whether or not involving employees of BMEG ME), lockout or other labour disturbance, fire, war, acts of foreign enemies, perils of the sea, power outage, epidemics, network congestion, telecommunications failure, electrical power failures, or any faults, interruption or disruption of the networks of any service provider or of your equipment or the equipment of any third party.
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14. GOVERNING LAW
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Unless otherwise required by a mandatory law of any other jurisdiction or as set out in the Location Specific Terms, these Terms of Service (and any non-contractual disputes/claims arising out of or in connection with them) are subject to the laws of United Arab Emirates, without regard to choice or conflicts of law principles. The courts situated at Dubai, United Arab Emirates shall have exclusive jurisdiction for all disputes/claims arising out of or in connection with this Terms of Use. BMEG ME does not accept any codes of conduct as mandatory in connection with the services provided under these Terms of Service.
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15. ENTIRE AGREEMENT, SEVERABILITY, WAIVER, ASSIGNMENT
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These Terms of Service and other legal notices published by BMEG ME on the Sites applicable to the services shall constitute the entire agreement between you and BMEG ME concerning your access and use of services. If any of the provisions of these Terms of Service shall be deemed invalid, void, or for any reason unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of any of the remaining provisions of these Terms of Service, which shall continue in full force and effect. No waiver shall be deemed a further or continuing waiver, and BMEG ME’s failure to assert any right under these Terms of Service shall not constitute a waiver of such right. You agree that any cause of action arising out of or relating to the service must commence within 1 year after the cause of action arises and otherwise is permanently barred. You may not assign or transfer these Terms of Service, but BMEG ME may assign the Terms of Service without restriction and without prior notice to you.
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16. RIGHT OF SET OFF
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BMEG ME shall be entitled, but not obligated to, set off any sums that you owe to BMEG ME, whether or not in relation to any outstanding.
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17. SURVIVAL
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All sections of these Terms of Service so intended to survive after the termination or expiration of these Terms of Service shall survive such termination or expiration
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18. TRANSLATIONS OF TERMS OF SERVICE
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Any translation of these Terms of Service is provided solely for your convenience and is not intended to modify these Terms of Service. In the event of a conflict between the English version of these Terms of Service and a version in a language other than English, the English version will prevail.
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19. RELEASE
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To the extent permitted under applicable laws, you hereby release and forever discharge BMEG ME (and its officers, employees, agents, successors, and assigns) from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or relates directly or indirectly to, any interactions or exchange of goods with, or act or omission of, other Site users or your participation in any transaction with any third party, including any claim for personal injury, property damage, or death.
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20. ELECTRONIC COMMUNICATIONS
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The communications between you and BMEG ME use electronic means, whether you visit the Sites or send e-mails, or whether BMEG ME posts notices on the Sites or communicates with you via e-mail. For contractual purposes, you (1) consent to receive communications from BMEG ME in an electronic form; and (2) agree that all terms and conditions, agreements, notices, disclosures, and other communications that BMEG ME provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights.​
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