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These legal terms and conditions (the terms) apply to your visit and your use to all aspects of products and services which we (Zension for Information Technology, or 'Zension') offer to you on or through our website ( https://zaam.life ). The subscription to our products and services is subject to these terms and to additional terms and conditions (the subscription agreement, the privacy notice, and any other terms that we will direct you to), which are hereby incorporated by this reference into these terms. If there is a conflict between these terms and the subscription agreement, the terms of the subscription agreement will prevail.
Please read these terms carefully and by checking the 'I accept' box you acknowledge that you have read, understood, and agreed to be bound by these terms, as amended from time to time. If you do not agree to these terms, you must stop using or accessing our website immediately. If you don't check the box and for any reason, you are able to proceed with an order, you also agree to be bound by these terms, as amended from time to time.
On our website, you will notice links to third party partners (the merchants) that offer the device(s) that you will subscribe to through our website. Each merchant is not a party to these terms, and any applicable terms and conditions between you and such merchants are separate and independent of these terms.
1. What we offer you
1.1 Products and services
We provide the services of trading in your existing device with a new device, displayed on a merchant's website, and subscribing to such a new device for the duration you will choose from the available options, by paying us a deposit and a monthly fee as explained in these terms and the subscription agreement. Subject to the subscription agreement, the services we offer, in addition to trading in your existing device and subscribing to a new device, may include repairs or replacements.
1.2 Links to third-party sites
To complete the process of trading in your existing device and subscribing to a new device, you may be required to click the links on our website that will let you leave our page. These links may direct you to the merchant sites or any other third-party we work with to offer you our products and services. We don't control these linked sites, and we will not be responsible and liable to you for the content or your use of these sites. This also applies to our privacy notice that does not apply to any collection and processing of your personal data on or through such merchant or third-party sites.
2. How you enter into a contract with us
2.1 You must (a) be 18 years of age or older, (b) have the power to enter these terms, the subscription agreement and any binding contract with us and not be barred from doing so under the applicable laws, (c) reside in the Kingdom of Saudi Arabia (we will ask you for your residency card and a proof of residence, where applicable), (d) have an active and verified NAFATH account, and (e) have a credit card with a bank in the Kingdom of Saudi Arabia and the credit card details match your information on your NAFATH account.
2.2 We will obtain information about you from your NAFATH account, and we may ask you for more details if needed. You agree to provide us with these details so we can create an account for you. You will make sure that any information you share with us is true, accurate, and complete.
2.3 After we obtain information from your NAFATH account, you provide all needed information and select the device that you wish to subscribe to, you will also choose the duration you wish to subscribe to for. We will confirm your request to trade in your existing device and subscribe to a new device by sending you an email with details of your subscription and payment options. It will be the merchant that will confirm to you the dispatch and delivery details of your device.
3. Subscription, security and communication
Subscription
3.1 To subscribe to our products and services, we will obtain or you will be asked to share with us certain personal information for the following reasons: (1) for you to create an account with us and become a subscriber, (2) for us to provide you with our products and services, and (3) for us to comply with the applicable laws and regulations in the Kingdom of Saudi Arabia such as, but not limited to, know your customer (KYC) requirements. Such personal information may include your full name, address, email, phone number and age.
3.2 You will be requested to log in to your NAFATH account to initiate the subscription process and fill in a form to complete and finalize the trade in and subscription requests.
3.3 You acknowledge and agree that any personal information you provide to us is true, accurate, complete, and up-to-date. You agree to immediately notify us of any changes to your personal information, or any other information, or circumstances that may affect your eligibility to continue to use our products and services or are otherwise required in accordance with these terms.
3.4 At our full choice, and at no liability to you, if we have any doubts that any of the information you provided is incorrect, inaccurate, incomplete, or not up to date, we, in addition to any other rights or remedies we may have under these terms or the applicable laws, will have the right to stop or restrict your access to the products and services, and/or our website.
3.5 We will have the right to reclaim or require you to change your username for any reason.
Security
3.6 Once you subscribe and create your account on our website, you will be responsible for any activity under your account and agree to maintain appropriate security measures for your account details on an ongoing basis. You will not share your credentials with any other person. If your password is lost or stolen, or if you believe that there is unauthorized access to your account, you must change the password and notify us immediately. You will also immediately let us know of any unauthorized use of your account or any other breach of security. You are responsible for any subscription made using your stolen account credentials unless you promptly notify us of the suspension and receive a message from us stating that your account is suspended or terminated.
3.7 We will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by us or another party due to someone else using your account or password. You may not use anyone else's account at any time, without the permission of the account holder.
Communication
3.8 By subscribing with us, you agree that we will communicate electronically to the email address you have provided to us. This includes, but not limited to, all communications between us, information regarding your account, information we are required to provide by law, payment, these terms and your complaints.
3.9 For this, you will notify us immediately of any change to your email address and mobile number or other information you provide to us. We may occasionally contact you to request an update of such information, and any other information related to your account.
4. Price of products and delivery charges
4.1 The prices of the products and services will be shown on our website, the merchant's website and any other third-party partner. We take all reasonable care to make sure that the prices of the products and services are correct. However, if we discover an error in the price of any product or service you wish to order, we may then ask you to repeat the process with the correct amount. If you don't agree to the corrected amount and you don't repeat the process, we will then not be able to proceed with your subscription. For clarity, we will not process your order with the corrected price until you repeat the order.
4.2 If, for any reason, we discover an error in the price of a completed order, we will contact you and request to kindly repeat the order with the correct prices. If we are not able to contact you using the contact details you provided during the completed order, we will treat this previous order as canceled and let you know that we have done this using the contact information you provided to us. As a result of the cancellation, we will refund the amount paid by you in the completed order,
4.3 Prices for the products and services may change from time to time, but the price change will not affect any order we have already confirmed. We will communicate any price changes to you in advance on reasonable notice. Subject to applicable law, by continuing to use our services after the price change takes effect, you will have accepted the new price. If you do not agree to a price change, you can reject the change by unsubscribing prior to the price change going into effect provided that cancelling the subscription takes place after expiry of the minimum period.
5. How you pay us
5.1 You can pay us the deposit by credit card or by any other means as acceptable to us. You can also pay us the monthly instalments by credit card or by any other means as acceptable to, and prescribed by us from time to time. We reserve the right at any time, for any reason, to amend the list of means of payment.
5.2 We work with third-party online payments providers that will be responsible for your payment when you decide to subscribe to a device. We will not be responsible and liable to you, for any error, damage, or any loss that you may be exposed to as a result of using an online payment method. This is the responsibility of the third-party payment provider.
5.3 Under these terms, you accept and allow us and the third-party online payment provider to withdraw the relevant amount necessary to complete a transaction related to your subscription or request to subscribe to a device. You confirm that you have sufficient funds available to satisfy any financial obligations towards us as applicable from time to time. If a transaction is rejected due to lack of funds, you understand and agree that we may use the deposit (or part of it) towards paying for your services and any amounts due to us. If the deposit is not sufficient, you understand and agree that we will proceed as per our rights under the subscription agreement. We reserve the right to refer your case to any applicable credit collection agency and/or share your details with any applicable regulators.
5.4 We will also have the right to suspend the relevant subscription/services or seize the product/goods until the payments are fulfilled.
5.5 You acknowledge that we are entitled to verify your credit score, obtain your credit report, and verify your identity. You also acknowledge that your credit report may affect the acceptance of your subscription request with us depending on your payment history and credit behavior. We have the right to disclose information with SIMAH including the fact that you have delayed or are unable to pay us.
5.6 Tax rates are based on the rates applicable at the time of your monthly charge. These amounts can change over time with local tax requirements. Any change in tax rate will be automatically applied based on the account information you provide.
6. Delivery
6.1 The merchant will be responsible for delivering the device to you.
6.2 You will receive your order at your residential address as provided by you, and by the estimated delivery date set out in the dispatch confirmation you receive from the merchant. The terms and conditions related to the delivery are those of the merchant. Please make sure to read such terms and conditions before you complete any subscription request.
6.3 The new device will be your responsibility after receiving it.
6.4 The merchant does not offer international delivery to addresses outside the Kingdom of Saudi Arabia.
7. After-sales service for products
7.1 We will be responsible for the products or services subscribed to through our website.
8. How we use your personal information
Please refer to our privacy notice at privacy policy relating to the collection and use of your information and personal data.
9. Confidentiality
9.1 We will keep your information and data in our possession confidential.
9.2 You agree to provide any information, including identification information or documentation reasonably required by us to verify your identity in connection with your account or any use of our products and services, and you authorize us to make any inquiries we believe are necessary in order to verify your identity. We reserve the right to close your account or suspend or limit your access to our products and services if we are unable to obtain or verify any such information to our satisfaction.
9.3 You agree and give us the right to use all your information and personal data that we collect through our website and your use of our products and services, from time to time and disclose it to other people and entities. This may include sharing your account information and any other information with third parties for credit verification, security, fraud-prevention, anti-money laundering, or other similar checks or for any other reasons for us to provide our products and services to you and to comply with all applicable laws and regulations. Please see our privacy notice at privacy policy.
9.4 If you do not agree with our policies and practices, you will not be able to use our website, and please do not continue to use our services.
9.5 Under these terms, you agree that we may disclose information about you and your account with any regulator under the applicable laws, any applicable bank card association rules in force from time to time, and/or the authorized representative of applicable regulators, including, but not limited to, SIMAH or any other local applicable financial institution.
10. Our liability
10.1 We will not be liable for any damage resulting from the use of (or inability to use) our website, our third-party partners' links, including damages caused by malware, viruses or any incorrectness or incompleteness of the website, unless such damage is the result of any willful misconduct or from gross negligence on our part.
10.2 We will not, under any circumstances, be liable to you for the following in connection with accessing our website, using our products and services, these terms and the subscription agreement:
- loss of profits, sales, business or revenue,
- loss or corruption of data, information or software,
- loss of business opportunity,
- loss of anticipated savings, and
- any indirect loss.
10.3 Nothing in these terms limits or excludes our liability for:
- death or personal injury caused by our negligence, or
- fraud.
10.4 Our products and services are provided on an 'as is' basis, and we do not give any representation, warranty or guarantee relating to our products and services, unless we tell you otherwise in these terms. If any representation, warranty or guarantee might be implied or included in these terms because of any applicable law (or for any other reason), we will exclude this as far as we are allowed to by law.
10.5 We will make reasonable efforts to keep the information on our website up-to-date and correct, but we do not provide any representations or warranties of any kind in relation to completeness, accuracy, reliability, suitability, or availability of the website, information, services, and therefore you shall rely on such information at your own risk.
10.6 We will not be liable for any delay, interruption, or failure in the provision of the services caused by circumstances beyond our control.
10.7 Our total liability to you for all losses arising under or in connection with these terms, whether in contract or following a wrongful act (including us being negligent or breaking your legal rights), will not be more than the amount paid by you up to the termination or cancellation of the subscription agreement.
11. Circumstances outside our control
11.1 We will not be responsible for any failure or delay in providing you with the products and services or to carry out any of our obligations under these terms and the subscription agreement, if this is caused by circumstances outside our control.
11.2 Circumstances outside our control means any act or event outside our reasonable control, which we could not have avoided, and which prevents us from carrying out any of our obligations under or resulting from these terms and the subscription agreement. These circumstances include war (whether declared or not) or threat or preparation for war, riot, disaster, terrorist attack or threat of terrorist attack, sabotage, lockout or strike, the death of a member of a royal family of the Kingdom of Saudi Arabia, fire, explosion, storm, flood, earthquake, subsidence, epidemic, pandemic, or other natural disaster, any network failure, failure of the telecommunications networks, or any law or regulation which has a significant effect on our ability to operate and provide you with the products and services.
11.3 If any of the above-mentioned circumstances affect our ability to carry out our obligations under or as a result of these terms and the subscription agreement:
- we will let you know as soon as reasonably possible about this; and
- our obligations will be suspended and the time allowed for carrying out those obligations will be extended until the circumstances outside our control have ended.
12. Our right to make change to these terms
12.1 We may make changes or modifications to these terms at any time for the following reasons and any other reasons:
- There are changes to the payment terms and the way we accept payments from you.
- There have been changes in any laws and regulatory requirements that apply to these terms.
- There are changes to our products and services and the process you must follow when subscribing to a device.
We will communicate to you the changes or modifications within thirty (30) business days.
Please check our website for the latest version of the terms.
13. Your complaints
13.1 We are committed to providing you with a smooth and excellent experience. We value feedback from our subscribers because it helps us to continually improve our services. If you do not feel that you are receiving excellent customer service or that something could be improved, please do tell us about it. If you wish to make a complaint, you may do so by communicating with us by the following methods: by sending an email to info@zaam.life
13.2 Upon receiving your complaint, our team will contact you within 5 working days.
14. Applicable law and jurisdiction
14.1 These terms shall be exclusively governed by the laws of the Kingdom of Saudi Arabia.
14.2 All disputes arising in connection with these terms, including disputes concerning the existence and validity thereof, shall be resolved as mentioned in the subscription agreement.
15. General
15.1 These terms, together with the privacy notice and any other terms agreed between you and us (i.e. subscription agreement) from time to time, represent the entire agreement between you and us.
15.2 These terms are between you and us. No other person has any rights to enforce any of these terms.
15.3 If any term or provision of these terms is determined to be ineffective, unenforceable, or invalid, then only that term or provision shall be deemed invalid without affecting in any way the rest of these terms.
15.4 These terms shall become effective on the date on which you access our website and/or indicate your acceptance by creating your account, and/or by placing an order, and shall remain in effect until canceled or revoked by us.
15.5 We may transfer our rights and obligations under these terms to another organization, but this will not affect your rights or our obligations under these terms.
15.6 You cannot transfer your rights or your obligations under these terms to another person.
15.7 Each of the paragraphs of these terms applies separately. If any court or relevant authority decides that any clause in these terms is illegal or cannot be enforced, this will not affect the other clauses.
15.8 If we do not ask you or insist that you carry out any of your obligations under these terms, or the subscription agreement, or if we do not enforce (or delay in enforcing) any of our rights against you, that will not mean that we have given up our rights against you, and you will still have to meet your obligations under these terms. If you fail to meet your obligations under these terms and we decide not to enforce our rights, that will not mean that we will not enforce our rights if you fail to meet your obligations in the future.