2.Application of the General Terms and Conditions

• These general terms and conditions (General Terms and Conditions) constitute an integral part of the Agreement regarding the delivery of the Service to “the Client” by Karawani & Co (“the Supplier”). The General Terms and Conditions shall be applied unless the parties have otherwise agreed in writing.
• The Agreement will enter into force when the parties have signed the Agreement or when the Supplier has approved the Agreement form submitted by the client for the Service.
  
  

3.Service Provider – User Grants

• The Client may use the Service for the purpose of making payments to Karawani & Co via an online credit/debit card transaction, provided that the Client does not:
  
  • • In any way damage or disrupt the Service and/or the operation of the Service.
    • Use the Service for any unauthorized or unlawful purpose.
• Payments may be made using the Service for invoices generated by the Supplier for its legal fees and disbursements.
• The Supplier reserves the right to suspend, amend or cancel the Service at any time.
  
  

4.General Obligations of the Client

• The Client shall ensure that it has made the necessary agreements with its banking operator, in connection to and prior to the use of the Service.
  
  
• • • The Client must inform the Supplier in writing and without undue delay of any change in the Client´s information that may affect the Agreement or the Service, including but not limited to changes to the Client’s address, telephone number, and e-mail address.
    • The Client is responsible for the accuracy and completeness of the information supplied to the Supplier.

 

5.General Obligations of the Supplier

• The Supplier will provide the Service to the Client for the purpose of transmitting Client’s ecommerce payment transactions to the Supplier’s payment gateway provider.
• The Supplier shall ensure that, where the Service involves processing of payment card data, the Service meets the certificate and security requirements specified by the competent UAE and global organizations and the authorities, including the PCI DSS (Payment Card Industry Data Security Standard).
• The Service is available 24 hours a day for the transmission of ecommerce payment transactions. However, this provision could be disrupted due to exceptional circumstances, such as SWIFT system blocks, bank delays or other reasonable triggers that could block the provision of the service.
• The Supplier shall not be responsible for the functionality or availability of third-party services, like telecommunication services or services of the payment gateway
• The Supplier shall provide support to the Client as specified from time to time on the Supplier’s website. Support may be subject to separate charge.
• The Supplier is entitled to interrupt the use of the Service if necessary due to maintenance, security breach, repair, or development of the Service or if there is another justified reason for an interruption. The Supplier notifies the Client of any interruption in the use of the Service in advance, if possible.

 

6.Suspension of the Service

• If the Client has an unpaid overdue invoice, the Supplier shall be entitled to stop the provision of its legal services until the overdue invoice has been paid in full.
  
  

7.Limitation of Liability

• Under no circumstances will the Supplier be liable for any indirect or incidental loss, operating losses, consequential damages, claims by third parties and/or lost data, profits, revenue, customers, goodwill, or interest. The Supplier shall not be liable to the Client for any damage caused by the suspension of the Service under section 5.
• The Supplier is responsible solely for its own Service and actions. The Supplier is therefore under no circumstances liable for any errors/defects or delays, or otherwise for failure to fulfil its obligations, to the extent that this is the result of the actions of the Client or a third party.
  
  

8.Liability Disclaimer and Warranty

• The Client warrants that:
  • they are aged above eighteen years (18) or over.
  • they have the appropriate authority to validly accept the Terms and are able to and will meet their obligations in relation to the Terms.
  • the credit card used in connection with the Service is issued in their sole name.
  • they will pay the with credit card issuer all charges incurred in the use of the Service.
  • The information supplied by them is true and correct.
• To the extent permitted by law, The Supplier does not accept liability for any damage, loss, costs (including legal costs), expenses, indirect losses or consequential damage of any kind which may be suffered or incurred by the Client from the use of its Service. If, for any reason, the Supplier is found to be liable to the Client for any damage or loss which arises as a result of their use of the Service, then the supplier’s liability will not in any event exceed the Emirati Dirham (AED) amount of the transaction which formed the basis of the damage or AED 500.00, whichever is the lesser.
• The Supplier does not warrant or guarantee that the Service and/or the Client’s use of the Service will be error-free, immediate, virus free and/or continuously available or that the information provided through the Service will be complete, accurate and/or up to date.
  
  

9.Force Majeure

• The Supplier is not liable for losses incurred as a result of failure to comply with its obligations in connection with circumstances beyond the Supplier’s control. The Supplier cannot be held responsible for losses incurred as a result of:
  • breakdown of or lack of access to IT systems, or of damage to the data maintained in these systems as a result of any of the reasons listed below, irrespective of whether the Supplier or a third party is responsible for the operation of such systems,
  • a power supply failure or failure in the Supplier’s telecommunications systems, legislative or administrative interventions, natural disasters, war, revolution, civil unrest, sabotage, terrorism, or vandalism (including virus attacks and computer hacking), strikes, lockouts, boycotts, or blockades, regardless of whether the conflict is directed against or was started by the Supplier or by the Supplier’s organization, and regardless of the cause of such conflict. The foregoing also applies if the conflict only affects portions of the Supplier and other circumstances that are beyond the Supplier’s control.
    
    

10.Variation and Amendments

• The Supplier may amend these General Terms and Conditions and prices, with thirty (30) days prior notice. Shorter notice may be given, if such amendment is in response to requirements from the public authorities, payment gateway/banking providers or other payment method providers or the card organizations or for important security reasons.
  
  

11.Payment

• Payments using the Service may be made only using only Visa or MasterCard credit cards. Likewise, all payments are to be in one of the UAE Central Bank’s approved foreign currencies; – Emirati Dirham (AED), United States Dollars (USD), Euro (EUR), and the British Pound (GBP).
• The Supplier accepts part payment of client accounts only where full payment of the account is made by the stipulated due date in the invoice. All other payments must be paid in full and by no later than the final date for payment set out in the invoice.
• Upon completing a transaction using the Service, the Client will then be presented with a confirmation screen verifying the transaction details you wish to process. It is then the Client’s responsibility to verify that all transaction information and other details are correct.
• The Supplier will bear no liability for transactions which are incorrect as a result of inaccurate data entry in the course of the use of the Service or for loss of data or information caused by factors beyond Our control.
• Once a payment has been made it cannot be cancelled. The Supplier will not accept any responsibility for refusal or reversal of payments, which shall be deemed to be a matter between the Client and their credit/debit card issuer.
  
  

12.Refund Policy

• Requests for refunds must be made in writing together with proof that the Client has paid more than the outstanding amount owed on the account. Requests must be sent to refunds@karawanico.com.
• Refunds, if applicable, at the discretion of the Supplier, will only be made to the debit/credit card used for the original transaction.
  
  

13.Notices

• Any notice by the Supplier to the Client under the Agreement may be issued by e.g., e-mail. The Client is obliged to provide the Supplier with an e-mail address to which such notice can be sent. The Client is obliged to inform the Supplier of any changes to the Client’s e-mail address.
  
  

14.Privacy and Data Protection

• Personal data of individuals related to the Client (contact persons, etc.) will be processed by Karawani & Co as data controller i) in order to provide the services and fulfil the obligations under the agreement, ii) for making customer analysis and business follow-up, iii) for making business and methods development as well as carrying out risk assessment and management, iv) for marketing purposes (subject to the applicable UAE law) of companies in the group Karawani & Co is a part of towards the Client,
• Personal data of clients that are individuals will be processed by Karawani & Co as the data processor. The personal data include transaction data, including card and other payment data.

 

15.Confidentiality

• Each party agrees to maintain confidentiality with respect to information of a confidential nature provided by the other party. The duty of confidentiality applies unless otherwise agreed or in cases where a party is required to disclose such information by law, regulation or a decision taken by public authority, or where the information in question is already publicly available and this fact cannot be attributed to the other party’s breach of contract.
• The Supplier is entitled to disclose information about the Client to the card organizations, technical subcontractors, sales partners, payment gateway providers, for the purposes of meeting the applicable compliance and security requirements and for providing the Service to the Client.

16.Applicable Law and Resolution of Conflicts

• This Agreement and any dispute or claim arising out of, or in connection with, it, its subject matter or formation (including disputes or claims) shall be governed by and construed in accordance with United Arab Emirates Laws.
• The parties irrevocably agree that Dubai Courts shall have exclusive jurisdiction to settle any dispute or claim arising out of, or in connection with, this Agreement, its subject matter or formation including non-contractual disputes or claims).
  
  

17.The Validity of the General Terms and Conditions

• These General Terms and Conditions shall replace any previous versions and any other provisions applied between the Supplier and the Client when they enter into force.