Terms & Conditions

Proximate™ Program Terms of Service

This is an agreement between Avanza Solution (Pvt.) Ltd (“Avanza” or “you”.and Proximate. (“Proximate” or “we”). Please read the following terms and conditions carefully. These terms, along with the Privacy Policy discussed below, (together, these Terms and the Privacy Policy are called the “Terms”), govern your access to and use of the Proximate application (the “Application”) and any related interactive and informational services made available to consumers (“Services”) on any media platform (as described below) (together, the Application and Services are called the “Program”), and constitute a binding legal agreement between you, as a user of the Program, and Proximate, the provider of the Program (the “Agreement”). Your access to and use of the Program requires your compliance with the Terms. By downloading the Application, or accessing and/or using any portion of the Program, you agree to be bound by this Agreement.

License

Subject to your compliance with the Terms, you may download and install one (1) copy of the Application to your supported device, access and use the Services solely for your own personal and non-commercial use. You may not: (i) copy, modify or distribute the Application for any purpose; (ii) transfer, sublicense, lease, lend, rent or otherwise distribute the Application or the Services to anyone else; (iii) reverse-engineer, decompile or create derivative works of the Application or the Services; (iv) make the functionality of the Application or the Services available to multiple users through any means; (v) use multiple accounts per individual user per device; or (v) use the Services in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with the Terms. No other licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Proximate or its licensors.

Registration

In order to access certain features of the Services, you have to create a file with us (an “Account”). Even if you do not “register” with a username and/or password, we still need to create an Account for you in order to customize your Application experience and show you more relevant information. to participate in the Program. If you are younger than 18 years of age, then you need to ensure your parents’ consent to your using the Services and redeeming rewards. If you register, you will be asked to choose a user name and a password. You agree not to disclose your password to anyone else and that you will be solely responsible for any activities or actions taken under your Account, whether or not authorized by you. Please notify us immediately of any unauthorized use of your password or your Account. We are not liable for any loss or damage from your failure to comply with these requirements. You agree that the information you provide us will be true, accurate, current and complete. By creating an Account you consent to the use of: (i) electronic means to complete the Terms and to provide you with any notices given pursuant to the Terms; and (ii) electronic records to store information related to the Terms or your use of the Services.

Messaging

As part of the Services we provide, you may receive push notifications, local client notifications, text messages, pictures messages, alerts, emails or other types of messages directly sent to you outside or inside the Application (“Push Messages”). You have control over the Push Messages settings, and can opt in or out of these Push Messages through the Services or through the phone’s operating system (with the possible exception of infrequent, important service announcements and administrative messages). Please be aware that messaging fees may apply depending on the message plan you have with your wireless carrier.

For calls or text messages to the cellular phone number you provide, by agreeing to these Terms you authorize Proximate to send texts or calls to your phone using an auto dialer or a prerecorded voice. We have no intention of ever spamming you with unwanted messages and, as noted above, you are not required to provide this consent as a condition to using the Services and may opt out of such messages.

We may offer you the opportunity to invite your friends or contacts to download the Proximate Application and enjoy the Services. If you click to invite one or more of your friends or contacts using text messaging (SMS), we may suggest content for the message. You can edit that suggested content, and if you choose to send text message invitations those messages will be sent from the SMS functionality on your phone. If you do choose to send such invitations, you represent to Proximate that the recipients of such invitations have consented to receive such messages from you, and that those recipients do not consider such messages unwanted or unsolicited.

Earning Loyalty Point, Bonuses and Other Awards

You may earn loyalty points in a variety of ways as indicated through the Application. You are responsible for ensuring that loyalty points are properly credited and you should check your account regularly. loyalty points for walking-in can only be earned by physical presence at eligible walk-in locations that are open for business and active at the time you have the application open, have cell phone network reception, are accessing the relevant pages in the application, and have loyalty points available for distribution at the time. We cannot be liable for a failure to award during a walking-in experience due to a limited point’s allocation having previously been fully distributed to other Account holders. By participating in the points for walking-in program, you agree that Proximate is under no obligation to notify you when an allocation of points for distribution under this program has reached a zero balance for any participating merchant, and points under this program will be distributed on a “first come, first served” basis.

You may not purchase, combine or transfer kicks with other Members or any other person, and any attempt to do so may result in disqualification from the Program and forfeiture of all kicks in your account. Bonus kicks and other types of bonuses may be earned in a variety of ways as specified by Proximate, including completing a “Bonus Set,” making certain purchases, “checking-in” to a retailer near your actual physical location, and/or scanning product codes from a participating brand when you are physically present at a retailer (collectively, “Bonuses”).

Proximate reserves the right to change, add or remove bonus sets and bonus types, and the methods by which members can earn and redeem kicks, bonuses or bonus sets, or other awards, for any reason and without notice to you, in its sole discretion and at any time. If you believe that kicks or Bonuses or other awards were not properly accrued to your account, please notify Proximate by using the “Contact Us” form on the website within 30 days of when you think the error occurred. Allow 30 days for any claims to be researched and corrected as needed. Proximate’s determination will be final. Unfortunately we cannot guarantee that points or Bonuses or other awards you believe should have been accrued can be credited to you later, if Proximate cannot determine the precise location you were in, or the action you took on the Proximate application or at a store, at the time when you believe the points or Bonuses or other awards should have been credited. Among other reasons, technical problems with a check-in or scanning system or verification of transaction information may result in your action not being detected or verified accurately by the Proximate Application. While we try to prevent that from happening, neither we nor our affiliates and business partners can be held liable for your inability to accrue points or Bonuses or other awards in such event. .

Redeeming vouchers, Bonuses and Other Awards for Rewards

You may redeem vouchers, Bonuses and other awards for various rewards (“Rewards”) listed in the Rewards section of the Proximate Application while supplies last and/or during the time periods specified. You can select any voucher To redeem, click the selected voucher and follow instructions provided to redeem the voucher. You need to enter your PIN/secret code to redeem the voucher and then participating partner/merchant will enter their unique PIN. Once voucher is successfully redeemed , program will generate a unique reference number that will be kept in the proximate program as well as in the merchant point of sale.

Payment

The use of the Services and Applications is currently made available to users free of charge; however, while it is not currently intended, we reserve the right to charge a fee for using the Services at any time. If we begin charging a fee for your continued access to the Services, we will give you at least 15 days prior notice so you can opt out of the Services. If you choose to opt out of the Services, Proximate may forfeit any or all kicks, Bonuses and/or other awards in your Account after the prior notice period.

It is Proximate’s policy to terminate your access to the Services if you infringe the copyright rights of others upon receipt of proper notification to Proximate by the copyright owner or the copyright owner’s legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on the Services in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the Services; (iv) your address, telephone number, and email address; (v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright

Contests and Sweepstakes

From time to time Proximate may offer contests or sweepstakes that are governed by a separate set of rules (“Rules”). The Rules may include eligibility requirements, additional terms and conditions, information about how your personal information might be used, and other requirements or information. Before you decide to enter one of the contests or sweepstakes, you agree to read the applicable Rules. By participating in a contest or sweepstake, you will be subject to those Rules and you agree to comply with them.

Restrictions

The Program may be used and accessed for lawful purposes only. You agree not to, and to not encourage or conspire with anyone else to, engage in any conduct that is inconsistent with the purposes, intent and spirit of the Program, or otherwise “game the system”. You also agree to abide by all applicable local, state, national and foreign laws and regulations in connection with your use of the Services. In addition, you agree not to do any of the following:

The Program may be used and accessed for lawful purposes only. You agree not to, and to not encourage or conspire with anyone else to, engage in any conduct that is inconsistent with the purposes, intent and spirit of the Program, or otherwise “game the system”. You also agree to abide by all applicable local, state, national and foreign laws and regulations in connection with your use of the Services. In addition, you agree not to do any of the following:

Forfeiture of Loyalty Points and Bonuses for Inactivity

We may deem your account inactive if you have not actively used the application for 180 days or more. Once your account is deemed inactive, any or all rewards, bonuses and other awards within your account may be forfeited at any time, without notice and at proximate’s sole discretion, and proximate may terminate the account.

if voucher are not used or redeemed within provided period/limit after they are awarded, you may be subject to a forfeiture of all such voucher and rewards, at proximate’s sole discretion. unless otherwise indicated by proximate, bonuses expire automatically within 30 days after they are awarded, if not used or redeemed. unless otherwise indicated by proximate.

Termination; Cancellation

You may terminate your Account at any time and for any reason by deleting your account via the Application or by sending Proximate an email notice with the subject line “please cancel my Proximate membership” to help@proximate.ae and requesting to be removed from the program. By canceling your Proximate membership, the account registered to you will be terminated and may no longer be accessible, and all kicks, bonuses and other awards immediately forfeited. Any termination request will be handled within 30 days of receipt of such a request by Proximate. Any suspension, termination or cancellation will not affect your obligations to Proximate under the Terms (including but not limited to ownership, indemnification and limitation of liability), which by their sense and context are intended to survive such suspension, termination or cancellation.

We may immediately terminate your Account or suspend your access to the Services and remove any material (including any Content provided by you) from the Services or our servers, in the event that you breach the Terms or for other improper conduct, at our sole discretion and without prior notice to you. As a result of any such termination, we may disqualify you from future participation in our programs and services. We also reserve the right to terminate your Account or suspend your access to the Services at any time and for any reason, including but not limited to the need to conduct maintenance or if we discontinue any portion of the Services.

Upon termination, all licenses and other rights granted to you under the Terms will immediately cease, and you will forfeit all kicks, bonuses and other awards accrued. We will not be liable to you or any other person for termination of your Account or suspension of your access to the Services. Upon any termination or suspension, any information (including Content) that you have submitted to the Services may no longer be accessed by you. Furthermore, we will have no obligation to maintain any information stored in our database related to your Account or to forward any information to you or any other person.

Ownership

The Services and Application are protected by copyright, trademark, and other laws of the United Arab Emirates and foreign countries. Proximate and its licensors exclusively own all right, title and interest in and to the Services and Application, including all associated intellectual property rights. You may not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services or Application. You may not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services, except as expressly permitted in the Terms. Any feedback, comments and suggestions you may provide for improvements to the Services or Applications (“Feedback”) will be the sole and exclusive property of Proximate and you hereby irrevocably assign to Proximate all of your right, title, and interest in and to all Feedback.

Third Party Services, Websites or Resources

TThe Services may contain content or services provided by third parties and/or links to third party services, websites or resources. We are not responsible or liable for the availability, accuracy, functionality, adherence to third party policies or Proximate policies, or legality of, and we do not endorse, such websites, services or resources or the content, products, or services on or available from such websites or resources. You are solely responsible for and assume all risk arising from your use of any such websites, services or resources.

Disclaimers

Your use of the Program is at your sole discretion and risk. We will not be responsible for any harm to your computer or mobile device, loss of data, personal injury, property damage, or other harm that results from your use of the Services and/or Application. We do not make any warranties: (i) regarding the security, accuracy, reliability, timeliness and performance of the Services; or (ii) that the Services and/or Applications will be error-free or that any errors will be corrected. Proximate will not be liable, and you are solely responsible, for any access or usage charges charged by your wireless carrier related to any device that you use to access or use the Application or Services.

We are not responsible for (i) incorrect or inaccurate transcription of information, (ii) problems related to any of the equipment or software associated with the Services or Application or used by you, (iii) human error outside our reasonable control, (iv) any interruption, deletion, omission, degradation, defect, or line failure of any telephone network or electronic transmission, or (v) problems relating to inability to access an Application or the Services.

We disclaim all liability for any technical failures or errors of, on, or connected to the Services and/or Application, including but not limited to Push Messages sent erroneously due to technical failures or errors. We will use reasonable efforts to correct any such failures swiftly upon discovering them or being informed about them. If you think you have received Push Messages in error or experienced other technical failures, please contact us immediately.

The Services and Application, and all materials, information, products and services included therein, are provided on an “AS IS” and “AS AVAILABLE” basis without warranties of any kind. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, RELATING TO THE SERVICES AND APPLICATIONS, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF PROPRIETARY RIGHTS, COURSE OF DEALING OR COURSE OF PERFORMANCE. No advice or information, whether oral or written, obtained by you from Proximate, will create any warranty not expressly stated in this Agreement.

Indemnity

You agree to defend, indemnify, and hold Proximate, its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation reasonable attorney’s fees and costs, arising out of or in any way connected with (i) your access to or use of the Application or Services; (ii) your violation of the Terms, including without limitation any representations made herein; or (iii) your violation of any third party right, including without limitation any intellectual property right, or publicity, confidentiality, property or privacy right.

Limitation of Liability

IN NO EVENT WILL PROXIMATE, ITS OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICES AND/OR APPLICATION, WHETHER THE DAMAGES ARE FORESEEABLE AND WHETHER OR NOT PROXIMATE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL PROXIMATE’S CUMULATIVE LIABILITY TO YOU, FOR ALL CLAIMS REGARDLESS OF TYPE, EXCEED TWENTY DOLLARS ($20).

In addition, from time to time, various entities may sponsor reward points, offers and other rewards as part of a Service (“Sponsors”). YOU HEREBY WAIVE AND DISCLAIM ANY AND ALL LIABILITY CLAIMS AGAINST SPONSORS RELATING IN ANY WAY TO YOUR USE OF THE SERVICES OR ANY SUCH REWARDS. You agree that Sponsors are third party beneficiaries of the Terms, and may enforce its provisions directly.

Exclusions

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you.

General

The Terms shall be governed by United Arab Emirates law, without respect to its conflict of laws principles. Any dispute arising from or relating to this Agreement will be finally settled by arbitration in United Arab Emirates.

The Terms are the entire agreement between you and Proximate concerning the Program, and supersede all prior or contemporaneous communications between you and Proximate with respect to the Program. If any provision of the Terms is deemed invalid by a court of competent jurisdiction, the remaining provisions will remain in full force and effect. No waiver of any term of the Terms shall be deemed a further or continuing waiver of such term or any other term, and Proximate's failure to assert any right or provision under the Terms shall not constitute a waiver of such right or provision.

We reserve the right, in our sole discretion, to modify, discontinue or terminate any or all of the Program at any time, or modify the Terms with proposer notice of 15 days; updates will be postedat http://www.proximate.ae/terms-and-condition.html> and/or http://www.proximate.ae/privacy-policy.html. All modified terms and conditions will be immediately effective as of the date the modified Terms are posted on the Proximate website and will apply to all Accounts and Members enrolled in the Program. If any modified terms and conditions are not acceptable to you, your sole remedy is to cease using the Services, and if applicable, terminate or cancel your Account. By continuing to access or use the Application and/or the Services after we have posted the new terms and conditions on the site, you agree to be bound by such changes. Members will be notified by email or in the Application or through other available means if the Program is suspended or cancelled. Notice of cancellation will also appear on the Proximate website.

If you have any questions about the Terms, please contact us at tos@proximate.ae.
We hope you will enjoy Proximate’s Program.
Last updated as of: (Month) X, XXXX.