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TRANSACTION TERMS AND CONDITIONS
The following terms and conditions (the “Transaction Terms”) govern the Transactions (as defined below) initiated or conducted by you through this website (the “Site”) with Emirates Technology Co. (Emitac, Dubai) LLC or its affiliates in the UAE (“Emitac” or “us”). This Site may provide some or all of the following (each a “Product”): (i) third party software applications for mobile devices, downloadable for free or on a limited trial basis or for purchase, and (ii) other mobile devices and accessories for purchase (any download or purchase of a Product, a “Transaction”).
(a) Free Download: The Product selection screen on this Site will indicate if a Product is available for free download. Upon completion of the free download process, a download link will be emailed to you by the Site and the download link will work from your device directly. Note that although a Product may be available from the Site for free downloading, your internet service provider, telecommunications provider or other related third parties may impose data or other charges related to the download.
(b) Limited Trial: If a Product is available for download on a limited trial basis, this shall be indicated on the Product selection screen. Upon completion of the process for downloading a limited trial product, a download link will be emailed to you by the Site. You shall be able to use the Product on a no-charge basis only for the applicable trial period (as determined by the application vendor). Upon expiry of the applicable trial period, you can either continue using the free version, upgrade to a paid version or purchase a new application depending on the available options for each application.
(c) Purchase: If you wish to make a purchase, you need to go through the shopping cart on the Site and complete the payment process online. Once a payment transaction is completed, you will receive an acknowledgement and Order Number if payment is successful. For software applications and similar products a download link will be emailed to you by the Site to download the purchased Product along with the license information, which would vary depending on the Product type. An airway bill number will be shared in case you purchase a physical Product to help track delivery. You should retain these numbers as a reference for any subsequent communication via the Site.
2. Pricing: The purchase price for Products will be quoted on the Site, and such prices are subject to change. Although Product prices may be displayed in your local currency, you will be charged in UAE Dirhams, and will be subject to any exchange rate applicable as calculated by your credit card issuing company. If an error regarding the price of a Product is discovered once the Product has been released for delivery by the site , you will be given the option to reconfirm your order at the correct price. The credit cards that we accept for payment are specified at the point of payment on the Site (i.e., Master Card and Visa International). You are responsible for payment of any charges to your credit card provider and responsible for complying with any legislation or regulations governing the importation of the Products into the applicable country of destination.
You are also responsible for payment of VAT and any other applicable taxes, charges or import duties that are levied on the Products in such country. The final price for each Product will include the applicable shipping charges. By using your credit card (Master Card or Visa International) for payment you confirm that such card is yours and that there are sufficient funds or credit available, as applicable, to cover all charges related to the purchase of the Product. The purchase price should appear on your card or bank statement under the merchant name “Emirates Technology Co. (Emitac, Dubai) LLC” or the name of any of its affiliates in the UAE or “Ayoworld” and you should receive one order reference. Please note that downloaded Products may also be subject to data charges by your internet service provider or telecommunications provider.
3. Payment: You must pay the purchase price for a Product by using a credit card (Master Card or Visa). Emitac shall be under no obligation to deliver a Product, and you will not be entitled to receive a Product, until full payment for the Product has been received by Emitac in cleared funds.
4. Delivery of Products Purchased: All Products are subject to availability. If on receipt of your order the physical Product you have ordered for purchase is not available in stock, Emitac will inform you and the process would not be completed. However, if the payment has been accepted, Emitac wouldrefund the purchase price to you or credit your credit card account for the applicable amount paid for the Product. For orders of software Products, once payment is received by Emitac, a download link will be e-mailed to you containing all license information and other details. For orders of physical Products (e.g., a device or accessory), the delivery terms in the following paragraph will apply. Furthermore, you are responsible to maintain the security of the license information. We will not be responsible for any misuse once the Transaction has been completed.
Emitac will arrange for delivery of physical Products to the location specified in your order. Emitac may engage logistics service providers at its discretion to deliver the Products to you. We will not be liable to you for failures, defects or delays in delivery of a Product caused by (i) your provision of incorrect or outdated information, (ii) your failure to comply with instructions for use of the Site, (ii) legal restrictions as further detailed below, or (iv) any event which is outside our reasonable control. You must provide all reasonable and necessary access to the premises to which a Product is to be delivered, and will provide all reasonable assistance to Emitac, its employees, agents, contractors or sub-contractors or logistics partners for the purpose of facilitating the delivery of such Product.
5. Title and Risk: Emitac, or the applicable third party, shall retain title to all physical Products until delivery, at which time title shall pass to you. The risk of loss with respect to all physical Products for which a purchase order is placed shall pass to you upon delivery. In the case of software Products for download, title to such software Products remains with the licensor of the software. Your use of such software Product is subject to license terms issued by the applicable licensor of the software Product. Such license does not entitle you to the resale or distribution of the software.
6. Cancellation: Except as otherwise provided in these Transaction Terms, you shall have no right of cancellation or right to a refund, return or exchange with respect to any Product you purchase or order for purchase.
7. Defective Products: If you receive a defective Product, provided that you notify us within 10 business days in the UAE after receipt and return such defective Product to us within 30 business days in the UAE following receipt, we will (at our election) either send you a replacement Product, or provide you with a refund of the purchase price, Any cancellation charges applicable by the payment gateway provider or your credit card issuing company will have to be borne by you.
8. Product system requirement: You acknowledge that use of the Products may require certain hardware and software, and that such hardware and software, including all charges therefor, are your sole responsibility. WE MAKE NO REPRESENTATION OR WARRANTY THAT ANY PARTICULAR SOFTWARE, HARDWARE, EQUIPMENT OR OTHER DEVICE OR SYSTEM WILL BE COMPATIBLE WITH THE PRODUCTS OR THAT ANY SOFTWARE, HARDWARE, EQUIPMENT OR OTHER DEVICE OR SYSTEM USING THE PRODUCTS WILL FUNCTION IN ANY MANNER. IT IS YOUR SOLE RESPONSIBILITY TO ENSURE THAT YOUR SOFTWARE, HARDWARE, EQUIPMENT AND OTHER DEVICES AND SYSTEM(S) WILL FUNCTION CORRECTLY WITH THE PRODUCTS.
9. Warranty: Emitac provides all third party Products "AS IS" without warranties of any kind, although the original manufacturer or third party supplier of certain Products may provide their own warranties. Emitac warranties, if any, for any Emitac Products will be as posted on this Site or as provided with the packaging of the Product.
10. Compensation and Indemnity: You agree to pay Emitac for all costs incurred by it in recovering any money you owe Emitac under these Transaction Terms or in exercising any of Emitac' other legal rights against you. You shall indemnify and defend Emitac, its employees, agents, contractors and sub-contractors against all costs, claims, liabilities, damages or losses of any nature whatsoever incurred by any such person as a result of your failure to comply in any way with, or your breach, of these Transaction Terms.
11. Exclusion of Liability: Emitac or any of its affiliates, or employees has no liability to you for any indirect or consequential loss or damage arising in connection with these Transaction Terms, including but not limited to any loss of profit (or any other form of economic loss), or any damage or loss you may suffer as a result of any delay or failure in the downloading or delivery of a Product, as applicable. Emitac, or any of its affiliates or employees shall not be responsible for any defect in a Product arising from fair wear and tear, or from willful damage, accident, or negligence by you or any third party.
12. Territorial Legal Restrictions: Emitac shall not be liable or responsible for any Product ordered that cannot be delivered, or any Transaction that cannot be completed, due to any restriction or prohibition under the laws, regulations or practices of the country where you are located or the country for which the Products are destined. In the event of such territorial legal restrictions, Emitac shall refund to you any amount paid for the applicable Product, excluding shipping and processing charges.
13. Force Majeure: We will not be responsible for any delay or failure to comply with these Transaction Terms if the delay or failure arises from any cause which is beyond our reasonable control, including: (i) acts of God, such as lightning, fire, hurricane, earthquake or other natural causes; (ii) terrorist acts, riots, civil commotions, insurrections, war (whether declared or not) or national emergency; and (iii) judicial, legal or other action of a governmental authority or public utility.
14. Assignment: Emitac may assign or transfer to a third party any of its rights and/or responsibilities under these Transaction Terms. You may not assign or transfer your rights or responsibilities under these Transaction Terms.
15. No waiver: No delay or failure to act by Emitac or any of its affiliates will be deemed as a waiver and no waiver will be effective unless in writing. Any waiver of a breach is not a waiver of any other prior or subsequent breach.
16. Variation: Emitac may vary any of these Transaction Terms in its sole discretion at any time without notice.
17. Entire agreement: These Transaction Terms constitute the entire agreement between the parties with respect to the subject matter of these Transaction Terms, including the purchase or download, as applicable, of any Product through the Site. These Transaction Terms revoke and supersede any prior or contemporaneous agreements, communications, proposals (including quotes supplied) or understandings (whether electronic, oral or written) in relation to the subject matter of these Transaction Terms. Furthermore, the terms and conditions related to any third-party applications also apply to you.
18. Governing law and Dispute Resolution: These Transaction Terms shall be governed by and construed in accordance with the laws applicable in Dubai, UAE. Other than as provided in the following sentence, you hereby agree to the exclusive jurisdiction of the Dubai Courts regarding any and all disputes relating to or arising from any Transaction or these Transaction Terms. Notwithstanding the above, Emitac may at its option bring suit for collection in the country where you reside or placed an order. The United Nations Convention on Contracts for the International Sale of Goods is hereby expressly excluded.
19. Contacting Us: For all customer service enquiries (including technical queries), please contact us at the following email address: