- Z Products and Services The Website serves as an online store that sells state-of-the-art mobile devices/handsets and device/handset protection services to customers in the United Arab Emirates under the Z Protect brands (as further defined under Terms of Sale, the “Z Products and Services”). Z Products and Services consist of comprehensive out of warranty repair/replacement services for devices and other products that are sold on the Website as well as approved devices and products that have been acquired elsewhere. With Z Products and Services, the risk or cost of repair/replacement is managed both through our own resources and third-party insurers. By using this Website, you represent and warrant that you are of legal age to form a binding contract with us and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website. ARBITRATION NOTICE: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION CLAUSE BELOW, YOU AGREE THAT DISPUTES BETWEEN US WILL BE RESOLVED BY MANDATORY BINDING. SEE DISPUTE RESOLUTION AND ARBITRATION AGREEMENT BELOW.
- Trademarks The name and logo of our company, the terms Zension, myZension, Z Protect, and Z Protect+, and all related names, logos, product and service names, designs, and slogans are our trademarks or those of our affiliates or licensors. You must not use such marks without our prior written permission. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.
- Changes to the Website We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.
- Links from the Website If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
- Geographic Restrictions The owner of the Website is based in the United Arab Emirates. We make no claims that the Website or any of its content is accessible or appropriate outside of this area. Purchasing goods and service through this Website may not be legal by certain persons or in certain countries. If you access the Website from outside the designated area, you do so on your own initiative and are responsible for compliance with local laws.
- Terms of Sale of Z Products and Services
The plan coverage under Z Protect+ Plan or Z Protect Plan begins on the date the customer pays the subscription fee (except for a trial subscription which is set out below) and, where applicable, the cost of the myZension Sold Device (as defined below) on the Website and issuance by us of an electronic receipt (the “Receipt”) for such payment (the “Service Confirmation Date”).
- Subscription Term The coverage for: • Z Protect+ Plan will be for a period of twenty four (24) months from the Service Confirmation Date; and • Z Protect Plan will be for a period of twelve (12) months from the Service Confirmation Date (in each case, the “Subscription Term”).
- Covered Devices • Z Products and Services cover devices purchased from us on the Website (each, a “myZension Sold Device”) and other devices approved by us (each, an “Approved Covered Device”).
- Services included in the Z Products and Services The customer will be entitled during the Subscription Term to submit a service request if the customer’s myZension Sold Device or Approved Covered Device, as the case may be, fails to operate in accordance with its specifications due to: • accidental damage, meaning physical damage to the device caused by an unexpected and unintentional external event (the “Accidental Damage”); or • liquid damage, meaning unexpected and unintentional immersion of the device in water or other liquids (the “Liquid Damage”). Any Accidental Damage or Liquid Damage includes damage to the parts or components of the myZension Sold Device or Approved Covered Device. During the Subscription Term, if an Accidental Damage or a Liquid Damage service request is submitted by the customer, we will, in accordance with the manufacturer’s recommendations, either: (i) repair the defect using new or refurbished parts that are equivalent to new in performance and reliability, or (ii) exchange the device with a replacement product that is new or equivalent to new in performance and reliability. Our Z Products and Services currently consist of two plans: • Z Protect+ Plan: coverage consists of two (2) maintenance check-ups and up to two (2) repairs or one (1) replacement (as per manufacturer’s recommendation) of the device during the Subscription Term. No further amounts will be payable by the customer beyond the subscription fee for up to two (2) repairs but the replacement of the device is conditional on receipt from the customer of AED 349 (incl. VAT) (maximum 1 replacement during the Subscription Term). The Z Protect+ Plan will cover no further repairs or replacements once a device has been replaced under the Z Protect+ Plan. In addition, the Z Protect+ Plan includes the Anytime Upgrade Guarantee (as defined below). • Z Protect Plan: coverage consists of two (2) maintenance check-ups and up to two (2) repairs (as per manufacturer’s recommendation) of the device. No further amounts will be payable by the customer beyond the subscription fee. The Z Protect Plan does not entitle the customer to a replacement of the device. In the event the device cannot be repaired under the Z Protect Plan, the customer will be refunded the subscription fee in full within thirty (30) days after we have received the device for repair. Both the Z Protect+ Plan and the Z Protect Plan (sometimes referred to collectively herein as the “Z Protect Services”) also include free pickup and drop-off of the device as set out below.
- Treatment of Manufacturer’s Warranty In case of any repairs or replacement of myZension Sold Devices or Approved Covered Devices, customers should contact myZension to avail the Z Protect Services. myZension will take over the manufacturer's warranty of the device for the remaining period such warranty is in effect and, accordingly, we will, be the sole and exclusive beneficiary of the rights and remedies vis-à-vis the manufacturer under such warranty. In the case of the customer availing the manufacturer’s warranty to replace a device covered by the Z Protect+ Plan, the customer will be required to provide evidence of such replacement (such as work authorization and service confirmation receipts issued by the manufacturer). Only then will the remaining duration of the Subscription Term be applicable to the device.
- Services Not Covered in the Z Products and Services; Matters for which myZension is not responsible or liable The Z Protect+ and Z Protect Plans do not cover, and myZension assumes no liability for, repairing or otherwise rectifying damage to myZension Sold Devices and Approved Covered Devices other than damage caused by Accidental Damage or Liquid Damage. Without limiting the foregoing, myZension: • is not responsible for damage to, or disrepair, malfunction or obsolescence of the device arising from normal wear and tear. • is not responsible for damage to, or disrepair of, the device that is merely cosmetic in nature and does not adversely affect the functionality of the device. • is not responsible to undertake any type of preventative maintenance. • is not responsible to replace devices that are lost or stolen. • is not responsible to repair or replace devices that have been damaged as a result of reckless, abusive, willful or intentional conduct, or any use of the device in a manner that is not normal or is inconsistent with its use as intended by the manufacturer. • is not responsible to repair any damage to the device, or replace a device, with a serial number that has been altered, defaced, removed or otherwise tampered with. • is not responsible to repair any damage to the device (regardless of the cause), or replace the device, if the device has been serviced, disassembled, restored, refurbished, upgraded, adapted, reconfigured or otherwise altered by anyone other than the manufacturer or a duly authorized and licensed representative of the manufacturer. • is not responsible to repair damage to the device caused by the installation of de-installation of software on the device other than software made available by the manufacturer or third parties approved by the manufacturer, and such software has been used in connection with the device in the manner intended by the software developer, licensor or reseller. • is not responsible to repair any damage to the device, caused by fire, earthquake, inclement weather or other environmental causes, or to replace any such device. • is not responsible to repair any damage to the device, or replace the device, where such damage occurs twelve (12) or twenty four (24) months (depending on Subscription Term) after the Service Confirmation Date (unless the Subscription Term is renewed). • is not responsible to repair any damage affecting the device’s SIM card, accessories, memory, or files, media, applications and other content that have been installed or downloaded on the device other than those that were provided with, or accompanied, the device when it was purchased from myZension, the manufacturer, or an authorized representative or reseller of the manufacturer. • is not responsible for any loss, lability, penalties, expenses or costs as a result of any damage or disrepair of a device, or the unavailability of the device or the media, data and information therein, business interruption resulting from the unavailability of the device once collected for repair or replacement, use or corruption of software, data or information on any device, or other pecuniary loss or for any special, indirect, incidental or consequential damages (including lost profits). Please also see Disclaimer of Warranties below.
- Customers’ Responsibilities In order to receive and benefit from the Z Protect Services, the customer agrees to: • contact us at 04 215 6655 or email us at email@example.com. • retain the original invoice and contract, containing the device’s IMEI. • provide information to us, to the extent known to the customer, about the symptoms and causes of the damage or disrepair to the device, and to respond to our requests for additional information where required for the Z Protect Services. • take a backup copy of the files, media and other content stored on the device. • disable or deactivate the iCloud/Find My iPhone/Google Account, and any user/password/personal data/pattern lock that restricts device access and diagnosis before the device is collected by us for repair/replacement. • not to handover any accessory associated with the device (box, documentation, data cable, memory card, SIM, charger, battery pack, etc.) to myZension. • remain solely responsible for all media, data, content or information on the device (and we disclaim all responsibility and liability for loss or damage thereto, or any violation of privacy should such media, data, content or information become accessible to us in the course of myZension performing the Z Protect Services). • provide reasonable evidence of any replacement of an Approved Covered Device or a myZension Sold Device by the manufacturer prior to availing repair or replacement under the Z Protect Services.
- Price and Payment The price of myZension Sold Devices is inclusive of shipping, customs duties, incidental import duties, insurance, packaging and other incidental costs. We accept payment from any authorized electronic payment source available on the Website or otherwise, and in effect at the relevant time (as indicated on the Website or on the myZension mobile app). Any other forms of payments are subject to myZension’s prior, written consent and the customer shall be responsible for any additional costs incurred as a result of using any other such forms of payment.
- Cancellation of Orders for myZension Sold Devices In certain circumstances myZension may not be able to accept, and must cancel, an order for myZension Sold Devices placed on the Website. Some situations that may result in an order being cancelled include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, problems identified by our credit and fraud avoidance department, or cases where the customer is manipulating the account to place multiple orders. We may also require additional verifications or information before accepting any order for myZension Sold Devices. We will contact the customer if all or any portion of an order is cancelled or if additional information is required to accept an order. If an order is cancelled after the credit card has been charged or payment otherwise collected, the said amount will be reversed or otherwise returned to the customer within thirty (30) days following cancellation of an order.
- Delivery of myZension Sold Devices Delivery times to and within the United Arab Emirates are usually in the range of one (1) to three (3) business days following our issuance of the Receipt. We will deliver myZension Sold Devices purchased on the Website to the address you provide when making your purchase. In the event we are not able to fulfil delivery of all myZension Sold Devices, we are entitled to perform partial delivery of the order, provided that we notify you in advance of the partial delivery. In the event that you are not available at the designated address to take delivery, we will notify you of the failed delivery attempt and will rearrange delivery or collection of the product from us. In such an event you may be liable to pay the costs incurred for the rearranged delivery or collection. In the event you do not accept delivery or collect the myZension Sold Devices you have ordered, we shall arrange for their storage at your risk and expense. You may become liable for any costs arising from such delay, including our costs relating to storage, insurance and handling of the myZension Sold Devices that we have been unable to deliver. We will be entitled to restock or resell the myZension Sold Devices ordered where you have failed to collect them within thirty (30) days of the delivery date. We are not responsible for delays in delivery brought about for reasons beyond our reasonable control, such as transit restrictions, trade embargoes, sanctions, acts of war, social unrest, pandemics and supply disruptions, including those resulting from Governmental orders, decrees, directives or regulations.
- Title and Risk of Loss of myZension Sold Devices myZension Sold Devices shall remain our exclusive property and we shall retain title to them until we receive full payment therefore and issue to you the Receipt. The risk of destruction, loss or damage of the myZension Sold Devices shall pass to you at the time of delivery to you or a person entitled to receive it on your behalf, or the forwarding agent, carrier, person or institution designated to carry out the shipment.
- Pickup and Drop-off of Devices for Repair / Replacement We will provide free pickup and drop-off of the device covered by the Z Protect Services. Subject to the customer having complied with, and performed, its responsibilities as set out above under Customers’ Responsibilities: • for Z Protect+ Plan the drop-off time in Dubai is usually in the range of one (1) to two (2) business days following issuance of the Receipt and in the rest of the UAE drop-off time is usually in the range of two (2) to three (3) business days. • for Z Protect Plan the drop-off time in the UAE, including Dubai is usually in the range of three (3) to five (5) business days following issuance of the Receipt. Drop-off times may be delayed in the event the customer does not comply with, or perform, those obligations set out in Customers’ Responsibilities above. We are not responsible for drop-off delays brought about for reasons beyond our reasonable control, such as transit restrictions, trade embargoes, sanctions, acts of war, social unrest, pandemics and supply disruptions, including those resulting from Governmental orders, decrees, directives or regulations.
- Anytime Upgrade Guarantee We offers customers, subject to the below conditions, a Anytime Upgrade guarantee under which the customer will be entitled to receive fifty percent (50%) of the Eligible Device’s (as defined below) original purchase price (less VAT) if and when a customer upgrades his/her Eligible Device to a new myZension Sold Device within thirteen (13) months from the date of purchase of the Eligible Device (the “Anytime Upgrade Guarantee”). The Anytime Upgrade Guarantee expires thirteen (13) months following the date of purchase of an Eligible Device. Eligible devices for the Anytime Upgrade Guarantee (“Eligible Devices”) are as follows: • any myZension Sold Device covered under a Z Protect+ Plan. For these devices, the original purchase price means the actual price that the customer paid for the device itself, as evidenced by its original sales receipt issued by myZension at the time of purchase. • any other device, including an Approved Covered Device, where the customer subscribes to the Anytime Upgrade Guarantee. For these devices, the original purchase price means the price for the device specified on our published quarterly pricing, which is available at Approved Covered Device – Anytime Upgrade Guarantee Prices, as of date of the original sales receipt issued to the customer at the time of purchase (and adjusted, as necessary, to reflect such date/time of purchase). The conditions for the Anytime Upgrade Guarantee are: • the Eligible Device must be in good working order and dispatched to, or collected by, the myZension service center, where it will be inspected and, if and when the Eligible Device passes such inspection, the customer will be entitled to a credit equal to fifty percent (50%) of the Eligible Device’s retail price (less VAT). The credit will be applied against the purchase price of a new myZension Sold Device together with Z Protect+ Plan coverage. • the Eligible Device must be free of any repairs or replacements other than those undertaken by the manufacturer pursuant to the manufacturer’s warranty. • iCloud/Find My iPhone/Google, and any user/password/personal data/pattern lock that restricts device access and diagnosis must be disabled or deactivated before the Eligible Device is dispatched to, or collected by, the myZension service center. • the original purchase price of the Eligible Device will be the actual price that the customer paid for the device itself, as evidenced by its original sales receipt which you must present to us upon availing the Anytime Upgrade Guarantee to demonstrate, to our reasonable satisfaction, the price for which, and the date on which, the Eligible Device was purchased. • the customer must have paid the relevant subscription fee for the Anytime Upgrade Guarantee. • all Eligible Devices’ retail prices are [exclusive] of all applicable VAT and other associated sales taxes and charges.
- Cancellation and Refund The customer has the right to cancel the Z Products and Services for a full refund of the subscription fee within seven (7) days from the Service Confirmation Date by contacting the myZension service center at 04 215 6655 or emailing us at firstname.lastname@example.org. The customer has the right to return the myZension Sold Device for a full refund within seven (7) days from the date it is delivered to the customer if the myZension Sold Device is unused and contained in the original and unbroken packaging. You can arrange for the return of the device, and request the refund, by contacting the myZension service center at 04 215 6655 or emailing us at email@example.com. The customer has the right to return the open and unused myZension Sold Device for a full refund or exchange within seven (7) days from the date it is delivered to the customer if the myZension Sold Device is not what the customer ordered and was shipped in error, or is defective or damaged when delivered. You can arrange for the return of the device, and request the refund, by contacting the myZension service center at 04 215 6655 or emailing us at firstname.lastname@example.org. Any myZension Sold Device that is returned must include the original packaging, together with any accompanying accessories, manuals and documentation along with the original receipt. We may cancel the Z Protect Services and cease with providing the coverage or selling and delivering any myZension Sold Devices at any time if there is reasonable evidence or indication of fraud or material misrepresentation by the customer or otherwise.
- Trial Subscription for Z Protect Services You may enroll in a trial subscription free of charge for either Z Protect Plan or Z Protect+ Plan. Should you agree to pay the relevant subscription fee, the trial subscription will convert into a full subscription effective as of the start of the trial subscription. You agree that the trial subscription does not entitle you to benefit from any repairs or replacement until and unless your trial subscription is converted into a full, paid subscription. During the trial subscription period we may contact you to provide you with further information about the features and benefits of the Z Products and Services. If during the trial subscription period you decide to subscribe to, or purchase, any of the Z Products and Services, you will be required to first pay the relevant subscription fee in full. The trial subscription period can be extended at our discretion.
- Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS ORDERED, SOLD OR OTHERWISE OBTAINED THROUGH THE WEBSITE, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE WEBSITE, ITS CONTENT, OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES BY US OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER WE NOR ANY PERSON ASSOCIATED WITH US MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER WENOR ANYONE ASSOCIATED WITH US REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
- Limitation on Liability TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL WE, OUR AFFILIATES, OR OUR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. The limitation of liability set out above does not apply to liability resulting from our gross negligence or willful misconduct. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
- Your Comments and Concerns This website is owned and operated by Zension Device Maintenance. All other feedback, comments, requests for technical support, and other communications relating to the Website should be directed to: email@example.com.