READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE YOU CLICK THE “I accept the General Terms and Conditions for Online Sales” BUTTON.
- “Farnek,” “Us,” “We,” or “Our” means Farnek, a limited liability company incorporated under the laws of the United Arab Emirates, and having its registered address at P.O. Box: 5423 DXB, Farnek Building, Floor 3, Al Quoz, Dubai, Tel: +971 (04) 3824400, Fax: +971 (04) 3397456, email: email@example.com – Dubai United Arab Emirates.
- “Platform” means the (mobile) website and app on which the Service is made available owned, controlled, managed, maintained, and/or hosted by Farnek.
- “Services” means the Service” means the online reservation service as offered or enabled by Farnek in respect to various Services as from time to time made available on the Platform.
- “USER” “You” means the user of the Platform.
- These General Terms and Conditions for Online Payments (hereinafter referred to as “General Terms”) apply to all orders You place on the Farnek’s online stores/Mobile Apps including Expo Village regarding Your purchase of Farnek Services, updates or upgrades.
- In addition to these General Terms, Farnek policies regarding the provision of Services shall apply. You can access the corresponding policies through the provided link. You must also accept these General Terms before You can place Your order.
- These General Terms shall apply exclusively. Farnek does not accept any conflicting or deviating terms and conditions unless this has been agreed in the individual case with a legal representative of Farnek in writing. Farnek General Terms shall apply to deliveries even in the event that Farnek has not contradicted the conflicting or deviating terms.
- These General Terms apply equally to commercial entities and consumers. Differing provisions for consumers might be made where necessary.
- Once You have accepted these Terms and Conditions, You may register and avail of the Services.
- In these Terms and Conditions. The term “Charge Back” shall mean, approved, and settled credit card or net banking purchase transaction(s), which are at any time refused, debited, or charged back to merchant account (and shall also include similar debits to Payment Service Provider’s accounts, if any) by the acquiring bank or credit card company, for any reason whatsoever, together with the bank fees, penalties and other charges incidental thereto.
- Server Slow Down/Session Timeout: In case the Website or Payment Service Provider’s webpage, that is linked to the Website, is experiencing any server related issues like ‘slowdown’ or ‘failure’ or ‘session timeout’ You shall, before initiating the second payment, check whether Your Bank Account has been debited or not and accordingly resort to one of the following options:
- In case the Bank Account appears to be debited, ensure that You do not make the payment twice and immediately thereafter contact the Institute via email or any other mode of contact as provided by the Institute to confirm payment.
- In case the Bank Account is not debited, You may initiate a new transaction to make payment.
- However, You agree that under no circumstances the Payment Gateway Service Provider shall be held responsible for such fraudulent/duplicate transactions, and hence no claims should be raised to Payment Gateway Service Provider No communication received by the Payment Service Provider(s) in this regard shall be entertained by the Payment Service Provider(s).
- The Institute and the Payment Service Provider(s) assume no liability whatsoever for any monetary or other damage suffered by You on account of:
- The delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Payment Gateway or Services in connection thereto; and/ or
- Any interruption or errors in the operation of the Payment Gateway.
- You agree, understands, and confirms that Your personal data including without limitation details relating to debit card/ credit card transmitted over the Internet may be susceptible to misuse, hacking, theft and/ or fraud and that the Institute or the Payment Service Provider(s) have no control over such matters.
- Although all reasonable care has been taken towards guarding against unauthorized use of any information transmitted by You, the Institute does not represent or guarantee that the use of the Services provided by/ through it will not result in theft and/or unauthorized use of data over the Internet.
- The Payment Service Provider(s) and its affiliates and associates shall not be liable, at any time, for any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communications line failure, theft or destruction or unauthorized access to, alteration of, or use of information contained on the Website.
- You will be required to login Your own You ID and Password, given by the Institute in order to register and/ or use the Services provided by Institute on the Website. By accepting these Terms and Conditions You agree that Your You ID and Password are very important pieces of information and it shall be Your own responsibility to keep them secure and confidential. In furtherance hereof, You agrees to;
- Choose a new password, whenever required for security reasons.
- Keep Your You ID & Password strictly confidential.
- Be responsible for any transactions made by You under such You ID and Password.
Debit/Credit Card, Bank Account Details
- Upon the selection of the payment’s method. Farnek reserves the right to exclude or include particular payment methods at any time.
- In case of payment by credit card, Your payment will be executed by Farnek’s payment service provider using their discrete secure infrastructure. Farnek’s payment service provider reserves the right to decline the processing of payments in cases of suspected fraud or other irregularity.
- Farnek acceptance of Your order will be subject to the full receipt of Your payment.
- If Your prepayment has not be made within the time frame, Farnek will have the right to rescind the transaction; the right of Farnek to raise claims for damages on such grounds shall not be affected thereby.
- In the event of any payment delay, Farnek shall have the right to charge default interest in the amount of __% above the base interest rate of the UAE Central Bank valid at the time. In addition, You shall be obliged to compensate any reminder costs and collection expenses that have been incurred due to the delayed payment.
- You may not set off any amounts due whatsoever from Farnek against amounts due to Farnek, unless expressly allowed by Farnek.
- You may pay Your fees to the Institute by using a debit/credit card or through online banking account. You warrant, agree and confirm that when You initiate a payment transaction and/or issue an online payment instruction and provide Your card/bank details:
- You are fully and lawfully entitled to use such credit / debit card, bank account for such transactions;
- You are responsible to ensure that the card/ bank account details provided by You are accurate;
- You are authorizing debit of the nominated card/ bank account for the payment of fees selected by You along with the applicable Fees.
- You are responsible to ensure sufficient credit is available on the nominated card/ bank account at the time of making the payment to permit the payment of the dues payable or the bill(s) selected by You inclusive of the applicable Fee.
Delay in Performance
Performance dates are estimates unless a fixed date for the transactions has been expressly agreed in writing. Performance periods are given under the reservation that You meet the Terms and Condition. Farnek will be in default only upon the expiration of a reasonable grace period of no less than 15 business days set by You. In cases of force majeure and other unforeseeable, extraordinary circumstances for which we are not responsible, for example operational troubles and interruptions due to fire, water, or similar events, failures of production facilities and machines, late delivery, or delivery shortfalls on the part of Our suppliers, and interruptions in operation due to a shortage in raw materials, energy or labour, strike, lockout, difficulties in the procurement of transportation means, disruptions or obstructions in traffic, or official intervention, we are – to the extent that the named circumstances prevent us from a timely performance of Our obligations – entitled to postpone the performance of the delivery and/or service for the term of the obstruction plus a reasonable start-up time. If, consequently, the performance of the delivery or service is delayed for more than one month, both we and You are entitled to withdraw from the contract by written notice in respect of the quantities affected by the delay in delivery, excluding any damages claims.
The Payment Processors
It will be always Your responsibility to understand and align with the credit cards terms and condition, for guidance purposes only, You should find an example of such terms and conditions on:
Payment Gateway Disclaimer
Any pay-out is subject to Your completion of Farnek’s Payments registration process. Farnek’s Payments Terms and Conditions shall govern such Payments. This needs to be incorporated by reference. Mainly, any payment shall be connected to the Payment Providers and shall be governed by such Payment Provider’s terms of service. Farnek is neither a party to nor is responsible in any way for Your relationship with Your payment providers, such as card issuers, or for the actions of any of these payment providers.
The Service is provided in order to facilitate access to view and pay Fees online. The Institute or the Payment Service Provider(s) do not make any representation of any kind, express or implied, as to the operation of the Payment Gateway other than what is specified in the Website for this purpose. By accepting/ agreeing to these Terms and Conditions, You expressly agrees that Your use of the aforesaid online payment Service is entirely at own risk and responsibility of You.
Once You will be registered and paid the Fee through online Payment Gateway. You will not be able to cancel the transaction in any circumstances. No Payment will be refunded to You.
Payment Refund Policy for Online Payments
Refund for Charge Back Transaction: In the event there is any claim for/ of charge back by You for any reason whatsoever, such You shall immediately approach the Institute with Your claim details and claim a refund from the Institute alone. Such refund (if any) shall be effected only by the Institute via payment gateway or any other means as the Institute deems appropriate. No claims for refund/ chargeback shall be made by any You to the Payment Service Provider(s), and in the event such claim is made, it shall not be entertained.
Refund for fraudulent/duplicate transaction(s): You shall directly contact the Institute for any fraudulent transaction(s) on account of misuse of Card/ Bank details by a fraudulent individual/party, and such issues shall be suitably addressed by the Institute alone in line with their policies and rules.
Governing Law and Jurisdiction
Any related claims, differences, and disputes arising under or in connection with or in relation to this Terms and Conditions and hereto shall be governed and solved in accordance with the laws of the DIFC. Any conflicts submit to the non-exclusive jurisdiction of the DIFC Courts.