Terms & Conditions

1. INTRODUCTION

1.1 Definitions

• 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.
• User shall mean all visitors and individuals who access our Website for any reason whatsoever, regardless if they are Individual Users or Business Admin.

1.2 License to Use

Subject to the rest of the content of these Terms and Conditions, we hereby grant you a non-transferable, non-exclusive, revocable, limited license to use and access our Website and Services in accordance with these Terms and Conditions but reserve our right to revoke any or all of such authorizations at any time.

• This license does not include any resale or commercial use of any OXYFINZ Services or the contents provided on our Website. All rights not expressly granted to you in these Terms and Conditions are reserved and retained by OXYFINZ or its licensors, suppliers, publishers, rights holders, or other content providers. You may not use any meta tags or any other "hidden text" utilizing OXYFINZ's names or trademarks without our express written consent.
• You may not misuse our Services. You may use our Services only as permitted by law. The licenses granted by us terminate if you do not comply with these Terms and Conditions.

1.3 Lawful Purposes

You agree to use our Website and Services for lawful purposes only and in a way that does not infringe on the rights of any third party or restrict or inhibit such third party, User's use and enjoyment of the same.

1.4 No Support, Maintenance, or Protection

You acknowledge and agree that we will have no obligation to provide you with any support or maintenance in connection with our Website or your use thereof. We also cannot guarantee that there will be no viruses or other harmful code embedded in our Website which could adversely affect the device you are accessing it from. It shall be your sole responsibility to ensure that your device is adequately protected against such threats.

1.5 Territory

Our Website is intended for use only by the Users in United Arab Emirates (UAE). If you choose to use the Website from locations outside UAE, you do so at your sole risk. For avoidance of doubt, the information, Products or Services provided on our Website is not intended for distribution to, or use by any User, person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any compliance or registration requirement within such jurisdiction or country. We reserve the right to limit the availability of the Website to any person, geographic area, or jurisdiction, at any time and in our sole discretion.

2. SERVICE DESCRIPTION

2.1 Services

Our Website provides an online profile that contains personal, health and emergency information. We further provide customer service for Products sold via our Website up to the expiry of the return policy. Should you have a problem with your order, you may communicate with us directly. Should this method of recourse be inefficient at solving the problem with your order, or should you wish to receive a refund for your order, you may do so by following the steps for returning and receiving a refund as outlined in these Terms and Conditions (collectively, known as the "Services").

We reserve the right to introduce new Services And/Or Products and update or withdraw any of the then existing Services And/Or Products, in our sole discretion, at any time, and will not be liable to you for exercising this discretion in any way whatsoever.

3. CREATING AN ACCOUNT WITH US

3.1 While Users can access our Website without the need to create an account, if you wish to purchase a Service And/Or Product, you will need to create an account with us.

3.2 There will be different requirements for registering an account with us depending on whether you register as an Individual User or as a Business Admin. Such requirements will be advised to you upon creating your account but consist mainly of personal details in the case of Individual User and contact and company information, including trade license details, in the case of Business Admin.

3.3 You are eligible to register as an Individual User or Business Admin if you meet the following eligibility criteria:

For Individual User:

• You are above the legal age for purchasing Products in your country of residence and thereby, have the ability to create a legally binding agreement; and
• You are able to provide an address in the UAE for the delivery of purchased Products.

For Business Admin:

• You are a validly existing legal entity, duly registered in United Arab Emirates and are able to provide a validly existing trade license and VAT Certificate;
• You are able to provide proof of authorization for at least one individual who will be registering and using our Website and are able to provide identification for such identified individual. This individual shall be our point of contact for your organization. By providing this person's details, you are authorizing such individual to represent your organization and thereby, bind the organization in any dealings with us. Where you share your login details and/or give access to your account with other members of your organization, you authorize such additional individuals to act through your account and shall be responsible for all action or inaction that happens through your account;
• 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
• You acknowledge and agree that for certain Product categories, additional requirements may be applicable.

3.4 Once your account has been approved, you will receive an email to the email address associated with your account and your account will "go-live" on our Website.

3.5 Partners from sanctioned countries shall not be permitted to register an account with us and/or provide any Services through our Website.

3.6 Whether you are registering as an Individual User or a Business Admin, you will be required to pick a secure password to create and login to your account.

3.7 Upon the successful creation of an account with us, you will be given a profile on our Website. If you are a Business Admin, your profile will have certain information about your Business and other Users. By creating an account with us, you consent to the display of such information and the access of such information by other Users.

3.8 You shall be responsible for ensuring the accuracy of the information you submit when creating an account with us. All information provided by you must be provided in good faith. We reserve the right to remove or suspend accounts that are not truthful or whereby the Business Admin is unable to provide the documents we require. We shall not be liable for any costs, expenses or liabilities incurred by you due to inaccurate information.

3.9 You are responsible for keeping your login information secret and secure at all times. You hereby agree not to permit any other person to use your username and password. You will remain responsible for all activity that occurs through or associated with your account. We do not accept responsibility for any activity that occurs through your account.

3.10 We reserve the right to reject or approve any request to create an account, to suspend your account and/or to delete your account at our sole discretion without any liability or obligation to provide reasons for the same.

4. USERS, USERS PAYMENT, CANCELLATIONS AND REFUNDS

4.1 You can create a User account with us, free of charge and such account shall remain active unless terminated in accordance with the provisions of these Terms and Conditions.

4.2 In addition to the above stated information required to create an account with us, to register any type of paid account, you must provide us with one or more Payment Methods. If there is a problem charging your selected Payment Method, we may charge any other valid payment method associated with your account.

4.3 Where a debit-visa or credit card is expired or otherwise invalid and/or payment cannot or has not been made: your subscription with us may be suspended, and your profile would not be visible until such time as payment has been successfully made. We reserve our right to delete any account which remains unused and unpaid for.

4.4 If you are a User, you can cancel your membership at any time, and you will continue to have access to the service through the end of your billing period (if applicable). To the extent permitted by the applicable law, payments are non-refundable, and we do not provide refunds or credits for any partial membership periods. To cancel, use the option available on your profile page.

4.5 We may change our subscription plans and the price of our service from time to time; however, any price changes or changes to your subscription plans will apply no earlier than 30 days following written notice to you on the email mentioned as your registration contact.

5. RESTRICTIONS ON USE

5.1 The rights granted to you are subject to the following restrictions:

• You may not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of our Website or any of the content thereof;
• You may not access our Website in order to build a similar or competitive application, website, product, and/or service;
• No part of our Website may be copied, modified, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means without our express written consent;
• All copyright and other proprietary notices on our Website must be retained on all copies thereof; and
• Unless otherwise indicated, any future release, update, or other addition to functionality of our Website shall be subject to these Terms and Conditions.

5.2 You may not (and where applicable, procure that your employees shall not):

• Harass or abuse other Users and/or third parties;
• Violate the privacy of other Users and/or third parties;
• Unfairly interfere with any other User or third party's uninterrupted use and enjoyment of the Services and/or our Website;
• Disrupt, interfere with, or otherwise harm the security of our Website, system resources, accounts, passwords, servers or networks; or
• Act culturally or religiously offensive in any way.

5.3 All information and interactions you make through your account or through your use of our Website must be appropriate, factual, and remain professional at all times. You shall comply with applicable laws, rules and regulations, as well as Islamic cultural sensitivity, morals, values, ethics and traditions; must not infringe on any intellectual or proprietary rights of any third party; and must not post content that is illegal, obscene, abusive, threatening, defamatory, or otherwise objectionable.

5.4 We reserve our right to suspend or terminate your account with us, and/or remove any listing in our sole and absolute discretion. Where we receive numerous complaints about a User, we shall remove their account and they shall not be permitted to use our Website further.

6. WARRANTIES

6.1 Our Website and the Services are provided to you on an "as is" basis without representations, warranties or conditions of any kind. We disclaim all warranties, conditions and representations of any kind, whether express, implied or collateral.

6.2 Whilst we attempt to be as accurate as possible, we do not warrant that Product descriptions or other content provided on our Website shall be accurate, complete, reliable, current, or error-free. As a User, you agree that we are not responsible for examining or warranting the listings or content provided by third parties through your use of our Website.

7. ORDERS AND PRODUCT PAYMENT

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.

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. We accept payment by credit/debit card, payment via your in-Website wallet (which we set-up for you as part of your account).

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. Payments processed by a third-party payment gateway provider may also be subject to that provider's standard terms and conditions.

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. 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. All prices are displayed in United Arab Emirates dirhams.

8. CANCELLING AN ORDER

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, including but not limited to if: you fail to make a payment when due; the item/s is/are out of stock; we are unable to obtain authorization for your payment; shipping restrictions apply; we find a Product or pricing error; you do not provide us with necessary information or allow delivery within a reasonable period; or you attempt to purchase products in bulk in a manner we suspect is for bulk purchase.

8.3 Where a cancellation 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 for future purchases where a Service And/Or Product has already been paid for.

9. DELIVERY

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 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, we will contact you 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 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. PRODUCT RETURNS

10.1 The following Products shall be eligible for a replacement or refund within seven (7) days from the actual delivery date, and must be non-customized, unused, in original unbroken packaging and include all tags and accessories:

• The wrong Product has been received which does not match the listing description or the specification of your order;
• The Product has been received in a damaged, defective, or expired state; or
• You have simply changed your mind about your purchase (provided Products are non-customized, unused, in original unbroken packaging and include all tags and accessories).

10.2 The following Products shall not be eligible for replacement or refund:

• Products that have been customized, used and/or damaged by you;
• Products with tampered or missing serial numbers;
• Products sold during sales and/or promotion; and
• Products marked as "non-returnable" on the Product detail page.

10.3 If you receive damaged, defective, or expired Product, please notify us immediately by emailing us at support@oxyfinz.co. We will ask you to provide pictures and may arrange for Product collection. Upon inspection and approval, 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 or similar with variation in color or size) is 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.

10.6 Card refunds may take up to thirty (30) business days for your bank to complete. We shall not be liable for any delays in refund by card companies.

10.7 Should a return Product not be accepted, we will notify you 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 support@oxyfinz.co.

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. LIABILITY

11.1 To the maximum extent permitted by applicable laws, we will not accept any liability for any loss of profits, loss of data, 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. You agree to indemnify and hold us (our affiliates, officers, employees, and agents) harmless from any and all claims and demands arising out of your use of our Website, your violation of these Terms and Conditions, or your violation of applicable laws.

11.2 We shall not be responsible for any liability, cost, expense, loss or damage 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 incurred as a result of your action or inaction.

11.3 To the maximum extent permitted by law, our maximum liability arising from or in relation to these Terms and Conditions, your use of our Website 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.

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, war, strikes, or governmental actions.

11.5 These Terms and Conditions shall not affect your legal rights 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 from and against each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action arising out of your use of our Website.

12. INTELLECTUAL PROPERTY

As between you and us, you acknowledge that any and all intellectual property rights (including copyrights, patents, trademarks and trade secrets) in our Website, its content and any content related to it, is owned and shall be owned by us or our suppliers. 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 1.2 above. We reserve all of our rights not granted in these Terms and Conditions.

13. THIRD-PARTY LINKS & ADS; OTHER USERS

Our Website may contain links to third-party websites and services and/or display advertisements for third parties. We do not review, approve, monitor, endorse, warrant, or make any representations with respect to any Third-Party Links & Ads and hereby expressly disclaim any and all liability in relation thereto. Your use of any Third-Party Links & Ads shall be at your own risk. Additional terms and conditions are likely to apply when accessing third-party links.

14. FEEDBACK & COMPLAINTS

14.1 A User having purchased a Product from us and having an account with us may be able to leave feedback about a Product. We reserve the right to remove any feedback that is posted in breach of these Terms and Conditions and/or the applicable law.

14.2 Should you have a complaint or comment about a User, you can submit such complaint or comment to us at the email provided at the end of these Terms and Conditions. A customer service representative will contact you within two (2) working days and a reference number will be assigned. We will investigate and endeavor to assist with amicable settlement, however we do not guarantee any outcome.

14.3 In case of a serious complaint against a user, we may remove the User from our Website or take any actions we deem necessary, at our sole and absolute discretion.

15. TERM AND TERMINATION

15.1 These Terms and Conditions will remain in full force and effect for the entire time that you use the 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.

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. Upon termination, 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 for any termination of your rights under these Terms and Conditions.

16. GOVERNING LAW AND DISPUTE RESOLUTION

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. For Disputes that do not qualify for the SCT, the courts of the DIFC shall have exclusive jurisdiction. You waive any objection to either the courts of the DIFC or the SCT on the grounds that either of them is an inconvenient or inappropriate forum.

17. GENERAL

17.1 Severability. If any provision of these Terms and Conditions is determined by a court of competent jurisdiction to be invalid, illegal or unenforceable, such provisions shall be severed 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. You consent to receive communications from us in an electronic form and agree that all terms, agreements, notices, and disclosures that we provide you satisfy any legal requirement that such communications would satisfy if in hardcopy.

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 shall not operate as a waiver. These Terms and Conditions may not be assigned, subcontracted, delegated, or otherwise transferred by you without our prior written consent. We may freely assign these Terms and Conditions at our sole discretion.

17.4 Copyright/Trademark Information. Copyright © 2022 OXYFINZ. All rights reserved. All trademarks, logos and service marks displayed on our Website 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.

17.5 Contact. Should you wish to contact us, please do so at: support@oxyfinz.co