This Terms of Service was last updated on January 1, 2024.
The Website belongs to OXYFINZ, a company incorporated in Dubai Silicon Oasis Authority, the United Arab Emirates, having license number 8650 and its registered address Dubai Silicon Oasis, DDP, Building A2, Dubai UAE United Arab Emirates (“us”, “we”, “our” and/or “OXYFINZ”).
Your use of our Website, whether to provide or avail a Service from us, purchase a Product or to perform any other kind of action, shall be governed by these terms and conditions and any updated and/or modified version of the same (“Terms and Conditions”) our Privacy Policy, Cookies Policy, and any additional terms (“Legal Documents”) that are posted on the legal section of www.oxyfinz.com (collectively referred to as the “Website”). These Legal Documents are incorporated by reference to these Terms and Conditions.
It shall be your responsibility to periodically review these Terms and Conditions to familiarize yourself with them. We reserve the right at any time and without prior notice to you, to amend or modify these Terms and Conditions, suspend or discontinue our Website or the Services, whether in whole or in part, and delete any accounts in relation thereto.
By continuing to use our Website, avail a Service and/or purchase a Product, you are agreeing to these Terms and Conditions in full. You may not use and shall immediately discontinue your use of our Website and the Services, if you are not able to create a legally binding agreement in accordance with applicable laws and/or if you do not agree to these Terms and Conditions in full. These Terms and Conditions were last updated on Oct, 01, 2020.
We reserve the right to update these Terms and Conditions at any time, such updated Terms and Conditions will take effect from the date they are posted at the Website’s legal section. Your continued access to and/or use of our Website after such posting will constitute your deemed acceptance of such updated Terms and Conditions.
Dispute shall mean any dispute, claim, difference or controversy arising out of, relating to or having any connection with these Terms and Conditions, including as it may relate in any way to your use of our Website and Services, or to any products or services sold or distributed through our Website, or the existence, validity, interpretation, performance, breach or termination and/or any dispute relating to any non-contractual obligations arising out of or in connection with them.
Payment Method means a current, valid, accepted method of payment, as may be updated from time to time, such as direct bank transfer, debit-visa cards and/or credit card, which may include payment through your account with a third party.
Products shall mean the products offered, published and sold to the Users via our Website and shall include any after sales services we wish to add to our Website in the future,
Services shall have the meaning ascribed to it in clause 2.
(iii) You have a validly existing corporate bank account for your entity and are able to provide us with supporting bank details (for payment for orders); and
(iv) you acknowledge and agree that for certain Product categories, additional requirements may be applicable.
We reserve our right to delete any account which remains unused and unpaid for.
Certain activities, whether legal or illegal, may be harmful to you and to others. For your own protection and for the protection of others, you may not (and where applicable, procure that your employees shall not) at any time during your use of our Website or the Services:
7.1 Our acceptance of an order will take place when we notify you of our acceptance in writing (e.g. by email or mobile messaging). If we are unable to accept your order, we will inform you of this in writing and will not charge you for the Product. Once the Order is complete, you will receive an electronic Order Acknowledgement for a purchase on the email address associated with your account.
7.2 By placing an order through our Website, you authorize us and our third-party payment gateway provider to process your credit/debit card details for the amount you have confirmed with your order. For payment, we accept payment by credit/debit card, payment via your in-Website wallet (which we set-up for you as part of your account and in which refunds may be processed and/or amounts may be added)
7.3 For payment via credit/debit cards, we may be required to set-up an account for you with our third-party payment gateway provider. By processing payment in this way, you hereby authorize us to do so on your behalf and shall not hold us liable for the same. Payments processed by a third-party payment gateway provider may also be subject to the third-party payment gateway provider’s standard terms and conditions, which are incorporated herein by reference and which you will be deemed to have accepted. You are kindly reminded that you should check such terms and conditions before processing your payment in this way and should review these terms and conditions on a period basis, to ensure that such terms and conditions have not changed. A failure to review such terms and conditions shall not be an excuse.
7.4 We may, at our sole discretion, make any inquiry we deem necessary to verify your identity and/or ownership of your financial instruments by requesting that you provide us with further information or documentation, including, but not limited to requesting a form of identification and/or credit card. If we are unable to verify or authenticate any information you provide, we have the right to refuse delivery and cancel the order.
7.5 We may change the ways in which you can pay for Service And/Or Products at any time and without prior notice to you.
7.6 You agree to pay the full amount payable for the Service And/Or Product as indicated during the order process, including any shipping costs or charges incurred with that order. All prices are displayed in United Arab Emirate dirhams.
8.1 You may cancel or refuse to accept your order immediately, prior to such item being shipped or customized, for any reason.
8.2 We reserve the right to cancel any order at our sole and absolute discretion (whether or not such order has been charged to your credit/debit card), but including (and not limited to) if any of the following events occur:
8.3 Where a cancelation or rejection of order occurs, we will inform you in writing. Your credit/debit card shall be refunded, or such amounts shall be added to your in-Website wallet (a wallet we set up for you and to which you will have access in your account) for future purchases (where a Service And/Or Product has already been paid for). In such situation we will not be liable to you or any third party by reason of our decision to decline processing an order, or unwinding or suspending any transaction after processing has begun.
9.1 The costs of delivery will be as displayed when placing an order.
9.2 The estimated delivery date of your order will be displayed when placing an order. Actual delivery times may differ, as they depend on the party making the delivery and may be affected by external factors beyond our control.
9.3 If our supply of a Product is delayed by an event outside of our control, then we will contact you to let you know and may take steps to minimize the effect of such delay (but shall not be liable for any delay caused by the same).
9.4 The title to a Product along with risk and responsibility in such Product shall pass to a User when the User has paid for such Product and it has been delivered to the address specified with the User’s order.
10.1 The following Products shall be eligible for a replacement, or refund within seven (7) days from the actual delivery date of such Products and must be non-customized, unused, in original unbroken packaging and include all tags and accessories.
10.2 The following Products shall not be eligible for a replacement, or refund:
10.3 If you receive damaged, defective, or expired Product, please notify us immediately upon having received such Product by emailing us at the email address at the end of the Terms and Conditions. We will ask you to provide pictures of such Product as part of our quality assurance checks. We will arrange for Product collection, and upon inspection and approval in accordance with these Terms and Conditions, a refund or replacement will be arranged.
10.4 Products complying with the above provisions may be eligible for replacement only if the Product (exact same Product or similar with variation in color or size) in stock.
10.5 How we refund the amount will depend on the method you used for payment.. If you have paid by credit/debit card, you may choose to have a refund by credit/debit card or to your in-Website wallet (which can then be used for future purchases through our Website).
10.6 Card refunds may take up to thirty (30) business days for your bank to complete, depending on their processing time. This can vary greatly between card issuers, and we shall not be liable for any delays in refund by card companies. We offer no guarantees whatsoever for the accuracy or timeliness of the refunds reaching the Users card/bank accounts.
10.7 Should a return Product not be accepted, we will notify you of such circumstance providing reasons for the same.
10.8 If you think that we have provided you with an incorrect refund, you can contact us immediately at the email address at the end of the Terms and Conditions.
10.9 If you have received a non-returnable Product in a damaged and/or defective condition, you can contact us within Seven (7) days from the delivery of the Product.
11.1 To the maximum extent permitted by applicable laws, we will not accept any liability in any event to you or any third party for any loss of profits, loss of data, costs of procurement of substitute goods, or any indirect, consequential, exemplary, incidental, special or punitive damages arising from or in relation to these Terms and Conditions and/or your use, or inability to use, our Website and/or the Services. Access to, and your use of our Website or the Services, shall be strictly at your own risk. You agree to indemnify and hold us (our affiliates, officers, employees, and agents) harmless from any and all claims and demands (including reasonable costs and attorneys’ fees) arising out of (a) your use of our Website, (b) your violation of these Terms and Conditions or any other terms or guidelines referred to herein (including third party or Supplier terms and conditions), or (c) your violation of applicable laws and regulations. We reserve our right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to fully cooperate with us with regards thereto and not to settle any matter without our prior written consent. We will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
11.2 For the avoidance of doubt, we shall not be responsible in any way whatsoever, for any liability, cost, expense, loss or damage, including for property or person, whether by injury or otherwise, caused by a User on any other User, or any third party. You agree to indemnify and hold us harmless for any and all liability, damages, claims, costs, losses or expenses (including reasonable legal fees) incurred as a result of your action or inaction in relation to the Service or these Terms and Conditions, whether in the form of a suit, claim or similar action.
11.3 To the maximum extent permitted by law and notwithstanding anything herein to the contrary, our maximum liability arising from or in relation to these Terms and Conditions, your use of our Website (for any cause whatsoever and in any form of action) and/or the Services, shall be limited to seven-hundred UAE Dirhams (AED 700). The existence of more than one claim will not enlarge this limit as it shall be in the aggregate. You agree that our suppliers will have no liability of any kind arising from or relating to these Terms and Conditions.
11.4 We will not be liable to you for any breach of these Terms and Conditions caused by any event beyond our reasonable control including but not limited to, acts of God, explosions, floods, tempests, fires or accidents; wars or threats of war, sabotage, insurrection, civil disturbance or requisition; acts, restrictions, regulations, by-laws, decrees or laws, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority; import or export regulations or embargoes; strikes, lock-outs or other industrial actions or trade disputes; difficulties in obtaining materials, labor, fuel, parts or machinery; power failure or breakdown in machinery.
11.5 These Terms and Conditions shall not affect your legal rights whether under any mandatory consumer protection laws, which cannot be excluded or limited by applicable law.
11.6 You hereby release and forever discharge us and our affiliates, officers, employees, agents, successors and assigns (as applicable) from and against each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind (including personal injuries, death, and property damage) that has arisen or arises directly or indirectly, in whole or in part, out of your use of our Website (including any and all interactions with, or act or omission of, other Website users and/or Third-Party Links & Ads).
As between you and us, you acknowledge that any and all intellectual property rights, including copyrights, patents, trademarks and trade secrets (collectively “Intellectual Property”) in our Website, its content and any and all content related to it in any way whatsoever, is owned and shall be owned by us or our suppliers (as applicable). Neither these Terms and Conditions (nor your access to or use of our Website or the Services) shall transfer to you or any third party, any rights, title or interest in or to such Intellectual Property, except for the limited access rights expressly set forth in clause 1.3 above. We reserve all of our rights not granted in these Terms and Conditions and reserve the same for our third-party providers. For the avoidance of any doubt, there are no implied licenses granted under these Terms and Conditions or by your use of our Website.
Our Website may contain links to third-party websites and services and/or display advertisements for third parties (collectively “Third-Party Links & Ads”). We do not review, approve, monitor, endorse, warrant, or make any representations with respect to any Third-Party Links & Ads found on our Website and hereby expressly disclaim any and all liability in relation thereto. Access to Third-Party Links & Ads have been provided for your convenience only. Your use of any Third-Party Links & Ads shall be at your own risk. When accessing any Third-Party Links & Ads, additional terms and conditions are likely to apply, including but not limited to, the third party’s privacy and data gathering practices. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction in connection with or any access to any Third-Party Links & Ads.
15.1 These Terms and Conditions will remain in full force and effect for the entire time that you use Website or receive the Services and shall survive the termination of your account with us for a period of five (5) years from the date you last visited our Website. Without limiting the generality of the foregoing, these Terms and Conditions shall apply and shall continue to apply each and every time you open an account with us, avail or purchase a Product through our Website and/or otherwise access our Website for any other reason.
15.2 We may suspend or terminate your rights to use our Website or the Services at any time for non-payment or any other infringements under these Terms and Conditions at any time. Upon termination of your rights under these Terms and Conditions, any account you may have with us and any right to access our Website and/or book Services shall be terminated immediately. We shall not be liable in any way whatsoever for any termination of your rights under these Terms and Conditions.
16.1 These Terms and Conditions shall be governed and construed in accordance with the Federal laws of United Arab Emirates for the time being in force.
16.2 All Disputes shall be amicably resolved between us within ninety (90) days from the date thereof. Failure to reach amicable settlement shall cause the Dispute to be referred to the Dubai International Financial Centre (“DIFC”) Small Claims Tribunal (the “SCT”), provided that such Dispute qualifies for determination through the SCT and then the SCT shall have exclusive jurisdiction to settle any such Dispute. For Disputes that do not qualify for determination through the SCT, the courts of the DIFC shall have exclusive jurisdiction to settle such Dispute and each party submits to the exclusive jurisdiction of the courts of the DIFC. For the purposes of this section, you waive any objection to either the courts of the DIFC or the SCT, as applicable, on the grounds that either of them is an inconvenient or inappropriate forum to settle any Dispute.
17.1 Severability. If any provision of these Terms and Conditions are determined by a court of competent jurisdiction to be invalid, illegal or unenforceable, such provisions shall be severed from these Terms and Conditions and the remaining provisions will continue in full force and effect.
17.2 Electronic Communications. All communications between us and you will be in electronic form. For contractual purposes, you (i) consent to receive communications from us in an electronic form and (ii) you agree that all terms and conditions, agreements, notices, disclosures, and other forms of communication that we may provide you with, satisfy any legal requirement that such communications would satisfy if it were be in a hardcopy. The foregoing does not affect any non-waivable rights.
17.3 Entire Terms. These Terms and Conditions, together with our Privacy Policy and Cookie Policy constitute the entire agreement between us and you regarding the use of our Website and the Services. Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not operate as a waiver of such right or provision. The section titles in these Terms and Conditions are for convenience only and have no legal or contractual effect. The word “including” means “including without limitation”. Any or all of the rights and limitations set forth in these Terms and Conditions may be waived by the party against whom the claim is asserted. Such waiver shall not waive or affect any other portion of these Terms and Conditions. These Terms and Conditions, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without our prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. We may freely assign these Terms and Conditions at our sole and absolute discretion. The terms set forth in these Terms and Conditions shall be binding upon assignees.
17.4 Copyright/Trademark Information. Copyright © 2022 OXYFINZ. All rights reserved. All trademarks, logos and service marks (“Marks”) displayed on our Website and in relation thereto are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.
17.5 Contact. Should you wish to contact us, please feel free to do so at the following email address support@oxyfinz.co