Flowwow Loyalty Programme Terms

Follow the link to see the documents in Arabic:https://flowwow.com/l/loyalty-terms-ar

اتبع الرابط للاطلاع على الوثائق باللغة العربية:https://flowwow.com/l/loyalty-terms-ar

1. Terms

1.1. For the purposes of these Flowwow Loyalty Programme Terms:

The ‘Flowwow Service’ (the ‘Service’) means all pages of the website located at https://flowwow.com/, as well as Flowwow Mobile Applications that provide access to a database of Items sold by Partners through the Service.

‘Flowwow Loyalty Programme’ (the ‘Loyalty Programme’) means the document posted on the Internet at https://flowwow.com/ae-en/docs/loyalty/.

‘Loyalty Programme Terms’ (the ‘Terms’) means this document, posted on the Internet at https://flowwow.com/ae-en/docs/loyalty-terms/.

‘Programme’ means a set of interrelated actions and activities, implemented in accordance with the Terms, that provide Participants with an opportunity to receive Bonus Rewards when purchasing Items from Partners and/or when performing certain actions, as well as in other cases established by the Terms. The goals of the Programme are:

attracting new users of the Service and retaining existing ones;
forming and increasing Participants' loyalty to the Operator, Service, Partners, and the Programme as a whole;
reducing the marketing expenses of the Parties;
expanding the market share and increasing the profits of the Parties.

‘Operator’ means FLOWWOW - FZE, Reg. No. DSO-FZE-16091, trade license 17505, (DSO FZE Technohub, unit G-D_FLEX-G056C, Dubai Technology Entrepreneur Campus, Dubai Silicon Oasis, Dubai, United Arab Emirates) which is the owner and operator of the Programme and carries out its activities in accordance with the legislation of the United Arab Emirates .

‘Programme Participant’ (‘Participant’) means a legally capable individual using the Service to purchase Items who has confirmed his or her agreement with the terms of the Flowwow Loyalty Programme.

‘Partner’ means a legal entity listing their Items for sale using a remote method and offering to conclude purchase and sale agreements, as well as agreements for delivery of Items, with Users using the Service and who has agreed to these Terms in general and has undertaken to carry out Promotions under the Programme in accordance with the Terms.

‘Order’ means a Participant’s actions aimed at concluding an agreement for the purchase of Items with a Partner and an agreement for the delivery of the Items by placing an order directly on the Service.

‘Promotion’ means a marketing and/or advertising event aimed at building and increasing Participants’ loyalty to the Operator, Partners, and the Programme as a whole, carried out at the initiative of the Operator and/or the Operator and a Partner. The Operator may indicate valid Promotions in the Terms, the Loyalty Programme, and/or their Appendices.

‘Bonus Points’ means conventional virtual units accrued to a Participant when purchasing Items on the Service and/or for performing certain actions, as well as in other cases established by the Terms, and giving the Participant the right to receive Bonus Rewards. Bonus Points are used only within the framework of the Programme, and in no wise are they or can they be money, other means of payment, currency, monetary obligations, or securities, nor can Bonus Points be transferred to third parties, except for the cases provided for by the Loyalty Program. 1 (one) Bonus point shall be equal to 1 (one) Russian ruble. Bonus points shall not expire over time, unless otherwise specified when Bonus points are awarded.

‘Bonus Rewards’ means a way to attract Participants and encourage them to purchase Items from Partners on the Service and to increase their loyalty, expressed in the provision of discounts, special service terms, etc.

‘Bonus Account’ means a virtual counter in the Participant’s Area on the Service that displays information about the Bonus Points accrued and available for debiting.

‘Cashback’ means Bonus Points calculated and accrued as a percentage of the cost of the Items paid for by a Participant.

‘Accrual of Bonus Points’ means a procedure that results in an increase in the number of Bonus Points on a Participant’s Bonus Account on the grounds provided for in the Terms.

‘Debiting of Bonus Points’ means a procedure that results in a decrease in the number of Points on a Participant’s Bonus Account on the grounds provided for in the Terms.

‘Cancellation of Bonus Points’ means a procedure for Debiting of Bonus Points on grounds provided for in the Terms.

‘Restoration of Bonus Points’ means a procedure for Accrual of previously debited Bonus Points on grounds provided for in the Terms.

‘Coupon Code’ means a certain sequence of characters that, if it is activated and other conditions are met, provide a Participant with a Bonus Reward in the form of a discount on an order and/or an Item. The Coupon Code is generated by the Partner in the Personal Area and sent by the Operator to the Participant.

‘Coupon Code Activation’ means entry of a Coupon Code in the Order form on the Service or any other action provided for by the terms of use of the Coupon Code.

‘Transaction’ means a purchase by a Participant of an Item from a Partner or the return of an Item to the Partner, as well as the Accrual of Bonus Points, Debiting of Bonus Points, Cancellation of Bonus Points, and/or Activation of a Coupon Code.

‘Personal Area’ means a Participant’s/Partner’s personal area in the Service associated with the Participant’s/Partner’s account in which the Participant/Partner can manage personal settings, view Order history, etc.

‘Agreement’ means a paid agreement between the Partner and Flowwow that is concluded through the acceptance of the Offer.

‘Public offer for the provision of services of the Flowwow service’ (the ‘Offer’) means a document posted on the Internet at https://flowwow.com/ae-en/docs/agency-agreement/.

‘Flowwow Terms of Use’ means a document posted on the Internet at https://flowwow.com/ae-en/docs/terms-of-use/.

‘Item’ means an object of sale and purchase (thing), not withdrawn from the market and not subject to commercial restrictions, which is the subject of a sale and purchase agreement concluded between the Participant and the Partner. The subject of sale and purchase may be food or non-food Items about which information is posted on the Service.

‘Settlement Period’ means the period from the first to the last day of each calendar month.

1.2. The Terms may use terms that are not defined in clause 1.1 of the Terms. In this case, the given term shall be construed in accordance with the text of the Terms. In the absence of an unambiguous interpretation of the term in the text of the Terms, one should be guided by the interpretation of the term defined by the legislation of the United Arab Emirates or in the Service or generally used on the Internet.

2. Rights and Obligations of the Parties

2.1. Obligations of the Partner:

participate in the Programme on the terms and for the purposes specified in the Terms;
enter independently into legal relations and to execute and terminate legal relations with Programme Participants on the terms defined in the Public Offer for the provision of Flowwow services;
independently acquaint themselves with information about the operation of the Programme and changes made to the Terms;
pay remuneration to the Operator in the amount and within the timeframe specified in the Terms;
by joining the Programme, the Partner automatically grants the Operator the right to use its trademark and/or other means of individualization for posting on the Service, as well as for use in marketing and information materials of the Programme and email newsletters to inform Participants of the Loyalty Programme.

2.2. Rights of the Partner:

receive remuneration from the Operator in accordance with the Terms;
other rights provided for by the Terms and the current legislation of the Seller’s country.

2.3. Obligations of the Operator:

promote the Partners in accordance with the Terms, managing and providing technical, consulting, informational, and marketing support for the Partner’s participation in the Programme;
attract other Partners to participate in the Programme;
provide services to Partners and Programme Participants in accordance with the Terms and the Loyalty Programme;
process information about Participants’ Transactions in the manner and scope necessary to perform the functions of the Operator in accordance with the Terms;
promptly carry out the Accrual, Debiting, Restoration, and Cancellation of Bonus Points;
pay remuneration to the Partners in the amount and within the time specified in the Terms;
ensure the maintenance of the Bonus Accounts of the Participants.

2.4. Rights of the Operator:

suspend service to a Partner in the Programme in the event of violation of the Terms and/or the Loyalty Programme, as well as in the event of violations that resulted in losses for the Operator. Service shall resume after the Partner has eliminated the violations committed;
define, supplement, and amend the Terms unilaterally without the consent of the Partner;
receive remuneration from Partners in accordance with the Terms;
transfer advertising and marketing materials to the Partner for placement by the Partner on the Partner’s website and/or in the Partner’s stores;
other rights provided for by the Terms and the current legislation of the United Arab Emirates.

3. Procedure for Accrual, Debiting, Restoration, and Cancellation of Bonus Points/Coupon Codes

3.1. Cashback promotion

3.1.1. The categories of Partners upon purchases from whom Bonus Points are accrued by default, as well as the minimum amount of Bonus Points, are indicated in the Tariff Schedule at https://flowwow.com/s/tarif-eu-en. The Partner has the right to decide independently to increase the number of Bonus Points accrued over those established by the Operator. The Partner shall carry out the increase in the amount of accrued Bonus Points independently using the features of the Service.

3.1.2. Categories of Partners not specified in clause 3.1.1. of the Terms have the right to decide on the accrual/non-accrual of Bonus Points independently and set their amount. The Partner shall carry out these actions independently using the features of the Service.

3.1.3. The Operator shall accrue Bonus Points in accordance with the Loyalty Programme by using its own software. When calculating the accrued Bonus Points, the amount received is automatically rounded to the nearest integer:

if the Nth + 1 digit < 5, then the Nth digit is preserved, and the Nth + 1 and all subsequent digits are set to zero;
if the Nth + 1 digit ≥ 5, then the Nth digit is increased by one, and the Nth + 1 and all subsequent digits are set to zero.

3.1.4. The Operator shall debit Bonus Points when a Participant activates a Bonus Reward at the time of ordering on the Service in accordance with the Loyalty Programme based on the number of Bonus Points reflected in the Bonus Account, without charging any additional fees.

3.1.5. If a Participant cancels an Order and/or Items under the conditions specified in the Flowwow Terms of Use and in the Loyalty Programme, the Operator shall restore the deducted Bonus Points on the Participant's Bonus Account within ten (10) days.

3.1.6. The Operator cancels Bonus Points in the following cases:

expiry of the term set by the Loyalty Programme;
deletion of the account by the Participant;
expulsion of the Participant from the Programme or withdrawal of the Participant from participation in the Programme;
erroneous accrual of Bonus Points, including as a result of software malfunction;
the accrual of Bonus Points was the result of abuse of the Loyalty Programme or bad-faith actions of the Participant or third parties.

3.1.7. For the purposes of Bonus Rewards, one (1) Bonus Point is considered equal to one (1) conventional unit in accordance with the User’s/Seller’s chosen currency or the currency used in the Order.

3.2. Coupon Code Promotion

3.2.1. The Operator/Partner, to promote the Service and drive sales of Items by increasing the number of active users and maintaining the loyalty of existing ones, has the right to provide Participants with Coupon Codes, upon the Activation of which Participants receive Bonus Rewards in the form of a discount on an Order and/or an Item. The discount amount shall be determined by the Operator/Partner independently and shall be reflected on the Service at the time of Activation of the Coupon Code.

3.2.2. Upon activation of a Coupon Code on the Service, the Partner undertakes to provide the Participant with a Bonus Reward in the form of a discount on the Order and/or an Item equal to the face value of the Coupon Code, without charging any additional fees.

3.2.3. If the Participant cancels an Order and/or Item under the conditions specified in the Flowwow Terms of Use and the Loyalty Programme, the activated Coupon Code shall be restored by the Operator within ten (10) days.

3.2.4. The Operator will cancel a Coupon Code in the following cases:

expiry of the term set by the Loyalty Programme;
deletion of the account by the Participant;
expulsion of the Participant from the Programme or withdrawal of the Participant from participation in the Programme;
erroneous provision of the Coupon Code, including as a result of software malfunction;
the provision of the Coupon Code was the result of abuse of the Loyalty Programme or bad-faith actions of the Participant or third parties.

3.3. The Operator and the Partner have the right to accrue Bonus Points to a Participant in other cases, including those provided by the Terms and/or the Loyalty Programme.

4. The Procedure for Determining the Remuneration of the Operator and the Partner

4.1. The Operator’s remuneration for services under the Terms shall be calculated based on the amount of Bonus Points accrued by the Operator to the Participants, as well as the Coupon Codes provided by the Partner to Participants for the relevant Settlement Period in the Partner’s currency.

4.2. The Operator’s remuneration includes the cost of all services specified in clause 2.3. of the Terms.

4.3. The Partner’s remuneration for services under the Terms shall be calculated based on the rouble equivalent of the Bonus Rewards provided to Participants in the form of discounts for the respective Settlement Period. The amount of the Partner’s remuneration shall include VAT, if applicable.

4.4. To calculate the remuneration of the Operator and the Partner, one (1) Bonus point is considered equal to one (1) conventional unit in accordance with the currency of the United Arab Emirates.

4.5. If, during the Settlement Period, the total amount of the return of Bonus Rewards used by a Participant exceeds the total amount of Bonus Rewards used by the Participant, the Operator’s remuneration provided for in clause 4.1. of the Terms shall increase by the amount of this Bonus Reward expressed in the currency of the Partner’s country.

4.6. If, during the Settlement Period, the total amount of returned Bonus Points exceeds the total amount of accrued Bonus Points and provided Coupon Codes, the Partner’s remuneration provided for in clause 4.3. of the Terms shall increase by the amount of Bonus Points accrued, expressed in the currency of the Partner’s country.

5. The Procedure for Acceptance of Services and Settlements

5.1. Within seven (7 ) business days from the end of the Settlement Period, the Operator shall calculate the amount of remuneration provided for by the Terms for each of the Parties entitled to such remuneration. The Operator’s remuneration shall be reflected in the Invoice for the services rendered under the Loyalty Programme, drawn up in the manner prescribed by Section 4 of the Agreement on the terms of the Offer. If, during the Billing Period, the Parties did not perform any actions for which remuneration is provided in these Terms, no Loyalty Programme Report or Loyalty Programme Invoice shall be generated.

5.2. The Parties acknowledge that only the Operator’s statistics shall be used for settlements under the Terms (in particular, to determine the number of accrued and debited Bonus Points/provided Coupon Codes and the amount of the Parties’ remuneration).

5.3. The Parties have agreed that, when making settlements under the Terms and the Agreement, the Parties shall offset counter claims of the same kind arising in connection with the execution of the Terms and the Agreement on the terms of the Offer.

5.4. The Partner shall accept the Operator’s services in the manner prescribed by Section 4 of the Agreement on the terms of the Offer.

5.5. Acceptance of the Partner’s services shall be carried out as follows:

At the end of the Settlement Period, the Operator shall generate a Loyalty Programme Report for the Settlement period, in which the amounts of remuneration for the Operator and the Partner are determined. The Loyalty Programme Report shall be sent to the Partner at the email specified by the Partner when signing up with the Service;
The Partner, within the time specified in Section 4 of the Agreement, shall verify the correctness of the Loyalty Programme Report. If there are motivated objections to the Loyalty Programme Report, the Partner shall act in accordance with Section 4 of the Agreement on the terms of the Offer;
In the absence of motivated objections, the Partner shall draw up an Invoice for the services rendered. Scanned copies of these documents must be sent to the Operator no later than the Fifteenth (15th) day of the month following the Settlement Period to the email address hello@flowwow.com.

5.6. Payment of the Partner’s remuneration shall be carried out within ten (10) business days from the end of the Settlement Period after withholding the amounts of:

overpayments resulting from previous Settlement Periods;
the Partner’s debt under the Agreement.

5.7. In the event of violation by the Partner of the obligation to provide the documents specified in clause 5.4 of the Terms, including for previous Settlement Periods, the Operator has the right to suspend the payment of the Partner’s remuneration until the relevant documents are provided.

5.8. Payment of the Operator’s remuneration is carried out at the moment the funds are transferred to the Partner in the manner and within the time frame provided for in clauses 4.7 and 4.8 of the Agreement on the terms of the Offer.

6. Responsibility of Partners and the Programme Operator

6.1. For non-fulfilment or improper fulfilment of the obligations these Terms provide for, the Partner and the Operator shall be liable in accordance with the current legislation of the United Arab Emirates.

6.2. Disputes and disagreements arising from the Terms shall be resolved under Section 8 of the Agreement on the terms of the Offer.

6.3. The Programme Operator is not responsible for fraudulent actions of the Partners’ employees, Participants, the Partner’s clients, or third parties or for Partners’ losses that may arise as a result of participation in the Programme.

7. Miscellaneous

7.1. The Parties shall exchange information and legally important messages in the manner provided for in the Agreement on the terms of the Offer unless otherwise provided for by these Terms.

7.2. Changes to the Terms shall be made following the procedure established in the Agreement on the terms of the Offer.

FLOWWOW - FZE, Reg. No. DSO-FZE-16091, trade license 17505, (DSO FZE Technohub, unit G-D_FLEX-G056C, Dubai Technology Entrepreneur Campus, Dubai Silicon Oasis, Dubai, United Arab Emirates)