mDirect is a service that allows you (“you”) to make purchases from a merchant (“Merchant”) by redeeming prepaid credit issued by the retailer from whom you purchased the prepaid credits. This agreement (the “Terms and Conditions”) sets forth the terms and conditions of your use of mDirect. By using https://www.mdirect.me or any other service created by us, you are agreeing to these Terms and Conditions.

By using mDirect, you acknowledge that:

• Transactions made through mDirect cannot be repudiated after being initiated.
• mDirect or a Merchant may decline to accept a transaction you initiate through mDirect for any reason, and that, should this occur, mDirect shall not have any liability to you.

Dispute and error handling

If you believe that you have been charged in error, you should contact the Merchant (or, if your purchase was made at www.mdirect.me, us) directly to attempt to resolve the issue. If you are unable to resolve the issue with the Merchant directly, you may dispute a transaction (or a partial transaction) with mDirect. You may initiate a dispute by contacting us.

mDirect will investigate all disputes and make reasonable efforts to resolve them on behalf of customers. Ultimate resolution of such disputes shall be at the sole discretion of mDirect.

As part of or separate from the dispute handling process, we may determine that a mistake has been made that affects you. If we determine that you have been incorrectly charged or overcharged, we will arrange for a refund to rectify the mistake.
Sales by mDirect are final; no returns are accepted and no refunds are issued.

DISCLAIMER

We have no control over the quality, fitness, safety, reliability, legality, or any other aspect of any good or service provided by a Merchant that is purchased using our Service. We are not required to issue refunds if a purchase turns out to not meet your expectations, or if the Merchant does not fulfill its commitments, although we will make reasonable efforts to assist you in these matters as described in the “Dispute and error handling” section above. We have no obligation, and cannot guarantee that, we will resolve any disputes related to any transaction to your satisfaction.

From time to time, MDirect may be delayed, interrupted or disrupted for an indeterminate period of time. In addition, except as otherwise required by applicable law or regulation, mDirect may terminate your use of mDirect or impose limits on the type and or amount of transactions you are allowed to make with the service at any time in its sole discretion without prior notice. mDirect and its affiliates shall not be liable for any claim arising from or related to mDirect arising from any such delay, interruption, disruption, limitation, or suspension.

In no event will mDirect or any affiliate be liable for indirect, consequential or special damages, including lost profits, arising from your use of mDirect, even if such damages were reasonably foreseeable and notice was given regarding them. These limitations will apply to all causes of action, whether arising from breach of contract, tort (including negligence) or any other legal theory.

LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE AND OUR AFFILIATES (AND OUR AND THEIR RESPECTIVE EMPLOYEES, DIRECTORS, AGENTS AND REPRESENTATIVES) WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, THE WEBSITES, MDIRECT (INCLUDING THE INABILITY TO USE MDIRECT), OR ANY SERVICES OR GOODS PURCHASED OR TRANSACTIONS ENTERED INTO THROUGH MDIRECT. TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE AGGREGATE LIABILITY OF mDirect OR OUR AFFILIATES (AND OUR AND THEIR RESPECTIVE EMPLOYEES, DIRECTORS, AGENTS AND REPRESENTATIVES) ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE TRANSACTIONS CONTEMPLATED HEREBY, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE, PRODUCT LIABILITY OR OTHER THEORY), WARRANTY, OR OTHERWISE, EXCEED THE AMOUNT OF FEES EARNED BY US IN CONNECTION WITH YOUR USE OF MDIRECT DURING THE THREE (3) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM FOR LIABILITY.

In no event will we be liable to you for any failure or delay by us (or our employees, agents, or representatives) in performing our obligations under this Agreement, regardless of whether the failure or delay is caused by an event or condition beyond our control. The laws of some jurisdictions do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you may have rights in addition to those contained in these Terms and Conditions. Our liability is limited to the greatest extent permitted by law.

Indemnification

You agree to indemnify, defend and hold harmless, mDirect, its affiliates, and their respective officers, directors, employees, agents, licensors, representatives, and third party providers, to and from and against all claims, losses, expenses, damages and costs, including but not limited to attorneys’ fees, resulting from any violation of this agreement by you.

If any part of these Terms and Conditions is held by a court of competent jurisdiction to be invalid or unenforceable, the remaining Terms and Conditions will remain in full force and effect and, upon our request, the court will construe any invalid or unenforceable portions in a manner that most closely reflects the economic, legal and business objectives of the original language. If such construction is not possible, the provision will be severed from this Agreement and the rest of the Agreement will remain in full force and effect.

Miscellaneous

mDirect is not a bank, e-money issuer, or money transferor.This Agreement shall be governed by and construed according to the laws of UAE.

mDirect may assign this contract, any of its terms, and any of mDirect’s obligations, in whole or in part, at any time, with or without notice to you, but you may not assign this contract, or any part of it, to any other party without mDirect’s prior written approval. Any attempt by you to do so is void.Notwithstanding any law, rule or regulation to the contrary, you agree that any claim or cause of action you may have arising out of these Terms must be filed within one (1) year after such claim or cause of action first could be filed or be forever barred.

We will not be considered to have waived any of our rights or remedies, or portion of them, unless the waiver is in writing and signed by us.
Our failure to enforce the strict performance of any provision of these Terms and Conditions will not constitute a waiver of our right to subsequently enforce such provision or any other provisions. These Terms and Conditions constitute the entire agreement between you and mDirect, and supersede and cancel all prior and contemporaneous agreements, claims, representations, and understandings. No modification or amendment of this Agreement will be binding on mDirect unless set forth in writing signed by us.
These Terms and Conditions were written in English. To the extent any translated version of this agreement conflicts with the English version, the English version controls.
We reserve the right to change, modify or otherwise alter these Terms and Conditions at any time.