1. Acceptance of the Terms of Use These terms and conditions of use are entered into by and between you and myZension (“myZension” or "we"). The following terms and conditions (collectively, "Terms of Use"), govern your access to and use of www.myzension.com, including any content, functionality, goods and services offered for sale on, or purchased on or through www.myzension.com (the "Website"), whether as a guest or a customer. Please read the Terms of Use carefully before you start to use the Website. By clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, incorporated herein by reference. In addition, you agree that the terms contained here, particularly the Terms of Sale contained in clause 14, will govern any purchases you make of the goods and services offered for sale on the Website. If you do not want to agree to these Terms of Use, you must not access or use the Website, or make any purchases through the Website.
  2. 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.
  3. Changes to the Terms of Use We may revise and update these Terms of Use at any given time at in sole discretion. All changes are effective immediately when we post them, and apply to all access to, and use of, the Website thereafter. However, any changes to the dispute resolution provisions set out in Governing Law and Jurisdiction will not apply to any disputes for which the parties have actual notice on or before the date the change is posted on the Website. Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. Where there are material changes to the Terms of Use we may require your consent to those changes as a condition to your continued use of the Website. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.
  4. Privacy Policy We do not and will not, by way of the Website, use personal information associated with a particular consumer, computer or mobile device (including IP addresses and payment information) other than as required to facilitate a transaction that a customer has requested or initiated for the purchase of Z Products and Services, or as necessary in order for us to communicate and engage with you and other visitors to the Website through different channels, including (but not limited) in relation to after sales support, offers and suggestions, and to obtain your feedback once you purchase any Z Products and Services (the “Business Purpose”). We will use such information solely for the Business Purpose.
  5. Accessing the Website and Account Security We reserve the right to withdraw or amend this Website, and any goods or services we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users. You are responsible for both: • making all arrangements necessary for you to have access to the Website. • ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and comply with them. To access the Website or some of the resources it offers, customers may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete. If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. Usernames, passwords and any other information, as applicable, may be provided to you separate from this Website. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.
  6. Intellectual Property Rights Generally The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by us, our licensors, or other providers of such material and are protected by copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. These Terms of Use permit you to use the Website for the limited business purposes as have been agreed between us. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except as follows: • your computer may temporarily store copies of such materials incidental to your accessing and viewing those materials. • you may store files that are automatically cached by your Web browser for display enhancement purposes. • you may print or download a reasonable number of pages of the Website and not for further reproduction, publication, or distribution. • you cannot remove or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this Website. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by us. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.
  7. 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.
  8. Prohibited Uses You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website in any way that violates any applicable federal, local, or international law or regulation, or to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by us, may harm us or users of the Website, or expose them to liability. Additionally, you agree not to: • use any manual process to monitor or copy any of the material on the Website, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent. • use any device, software, or routine that interferes with the proper working of the Website. • attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website. • otherwise attempt to interfere with the proper working of the Website.
  9. Monitoring and Enforcement; Termination We have the right to: • take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website. • terminate or suspend your access to all or part of the Website for any or no reason, including without limitation, any violation of these Terms of Use. Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website.
  10. 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.
  11. Linking to the Website and Social Media Features You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent. Subject to the foregoing, you must not: • establish a link from any website that is not owned by you. • cause the Website or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking. • link to any part of the Website other than the homepage. • otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of these Terms of Use. You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.
  12. 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.
  13. 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.
  14. 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 info@myzension.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 info@myzension.com. 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 info@myzension.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 info@myzension.com. 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.
  15. 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.
    • Indemnification You agree to defend, indemnify, and hold our company harmless, as well as our affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, any use of the Website's content, services, and products other than as expressly authorized in these Terms of Use.
    • Governing Law and Jurisdiction All matters relating to the Website and these Terms of Use, including the Terms of Sale, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with laws of Dubai International Financial Centre, Dubai, United Arab Emirate].
    • Dispute Resolution and Arbitration Agreement Agreement to Arbitrate. We mutually agree that any dispute, claim or controversy arising out of or relating to these Terms of Use, including clause 14 hereof, or the applicability, breach, termination, validity, enforcement or interpretation thereof, or to the use of the Website (collectively, “Disputes”) will be settled by binding arbitration (the “Arbitration Agreement”) referred to and finally resolved by arbitration under the Arbitration Rules (the “Rules”) of the DIFC-LCIA Arbitration Centre, which Rules are deemed incorporated by reference into these Terms of Use. If there is a dispute about whether this Arbitration Agreement can be enforced or applies to our Dispute, we agree that the arbitrator will decide that issue. Exceptions to Arbitration Agreement. We each agree that the following claims are exceptions to the Arbitration Agreement and will be brought in a judicial proceeding in a court of competent jurisdiction: (i) any claim related to actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights; or (ii) any claim seeking emergency injunctive relief based on exigent circumstances (e.g., imminent danger or commission of a crime, hacking, cyber-attack). Arbitration Rules and Governing Law. The arbitration will be administered by the DIFC-LCIA Arbitration Centre. The number of arbitrators will be three (3), with you entitled to appoint one arbitrator and us appointing another arbitrator, and the two appointed arbitrators together appointing a third arbitrator. The seat and legal place of arbitration will be the Dubai International Financial Centre in Dubai, United Arab Emirates. The language to be used in the arbitration will be English. All documents submitted in connection with the proceedings will be in the English language, or, if in another language, accompanied by an English translation. Notwithstanding any provision to the contrary in the Rules, the Parties agree that the arbitrator may not have the same nationality as any Party to the arbitration. In order to make the arbitration most convenient to you, we agree that any required arbitration hearing may be conducted, at your option, (a) via phone or video conference; or (e) for any claim or counterclaim under 100,000 AED, by solely the submission of documents to the arbitrator. Severability. In the event that any portion of this Arbitration Agreement is deemed illegal or unenforceable, such provision shall be severed and the remainder of the Arbitration Agreement shall be given full force and effect. Changes. Notwithstanding the provisions of this Arbitration Agreement, if we change this Arbitration Agreement after the date you last accepted these Terms of Use (or accepted any subsequent changes to these Terms of Use), you may reject any such change by sending us written notice (including by email) within thirty (30) days of the date such change became effective, as indicated in the “Last Updated” date above or in the date of our email to you notifying you of such change. Rejecting a new change, however, does not revoke or alter your prior consent to any earlier agreements to arbitrate any Dispute between us (or your prior consent to any subsequent changes thereto), which will remain in effect and enforceable as to any Dispute between us.
    • Limitation on Time to File Claims< Any cause of action or claim you may have arising out of or relating to these Terms of Use or the Website must be commenced within one (1) year after the cause of action accrues, otherwise such cause of action or claim is permanently barred./li>
    • Waiver and Severability No waiver by us of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure by us to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.
    • Entire Agreement These Terms of Use constitute the sole and entire agreement between you and us regarding the Website, the Z Products and Services and, where applicable, myZension Sold Devices, and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website, except with respect to any separate, written agreement you may have entered into with us, the provisions of which shall supersede any of these Terms of Use in the event of a conflict (only to the extent of the inconsistency or conflict).
    • 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: info@myzension.com.


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