2. ZENNER operates the Site in the United Arab Emirates. ZENNER makes no representation that the Site is appropriate for use in other locations.
3. By accessing the Site, You represent, warrant and covenant that (a) You are at least 18 years old; (b) that all materials of any kind submitted by You to ZENNER through the Site or for inclusion on the Site will not plagiarize, violate or infringe upon the rights of any third-party including trade secret, copyright, trademark, trade dress, privacy, patent, or other personal or proprietary rights.
4. You agree that You are only authorized to visit, view and retain a copy of pages of the Site for Your own personal use, that You shall not duplicate, download, publish, modify or otherwise distribute the material on the Site for any purpose other than for personal use. The content and software on the Site are the property of ZENNER.
5 .You are responsible for maintaining the confidentiality of Your Account and password and for restricting access to Your Account, and You agree to accept responsibility for all activities that occur on Your Account and under Your password. ZENNER will not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, Your failure to comply with this section.
6. ZENNER may terminate the privileges of any user who uses this Site to unlawfully transmit copyrighted material without a license, express consent, valid defence or fair use exemption to do so. If You submit information to this Site, You warrant that the information does not infringe the copyrights or other rights of third parties.
7. By providing materials to ZENNER, including by submitting or uploading content or materials for use on the Site You represent and warrant that You or the owner of all rights to such content or materials.
B. Payment and Refund Policy
1. ZENNER accepts payment by Visa or Mastercard debit and credit cards in United Arab Emirates Dirhams (AED). A payment confirmation will be sent to the e-mail address registered in the Customer's account on the Site within 1 day. All online payments are also governed by the terms and conditions of respective merchant service providers. The Customer agrees to review respective merchant service providers' user agreements and privacy policies before any transaction.
2. In case of overpayment, the amount will be held and used as credit to cover any future invoices, until it is fully utilised or until the deactivation of the Customer's account on the Site, when it will be refunded along with any applicable security deposit via bank transfer. Overpayments in excess of AED 5,000 will be refunded upon the Customer's written request.
3. Any online payment with a credit/ debit card will be subject to an additional transaction fee of 2,69% applicable to the total amount paid and 1 AED fixed fee, pertaining to the charges of the online gateway service provider and by confirming the transaction, the user agrees to pay the said charges.
1. These are ZENNER's policies regarding the collection, use, and disclosure of Your personal data as required for Your Account and the choices You have associated with that data.
2. ZENNER uses Your data to provide and improve the Site. By using the Site, You agree to the collection and use of information in accordance with this policy.
3. ZENNER collects several different types of information for various purposes, including some of Your personal data, such as Your first and last name, email address, address, phone number, copy of Your Emirates ID and passport ("Personal Data"), as well as information how the Site is accessed and used ("Usage Data"). This Usage Data may include information such as Your computer's Internet Protocol address (e.g. IP address), browser type, browser version, the pages of the Site that You visit, the time and date of Your visit, the time spent on those pages, unique device identifiers and other diagnostic data.
4. Your credit/debit card details will not be stored, sold, shared, rented or leased to any third party.
5. ZENNER takes appropriate steps to ensure data privacy and security including through various hardware and software methodologies. However, ZENNER cannot guarantee the security of any information that is disclosed online.
6. ZENNER is not responsible for the privacy policies of websites to which it links (if any). If You provide any information to such third parties different rules regarding the collection and use of Your personal information may apply. You should contact these entities directly if You have any questions about their use of the information that they collect.
9. Notwithstanding clause 4. above, Your information, including Personal Data, may be transferred to — and maintained on — computers located outside of Your state, province, country or other governmental jurisdiction where the data protection laws may differ than those from Your jurisdiction.
11. ZENNER may disclose Your Personal Data in the good faith belief that such action is necessary to a) comply with a legal obligation; b) protect and defend the rights or property of ZENNER; c) prevent or investigate possible wrongdoing in connection with the Site; d) protect the personal safety of users of the Site or the public; or e) protect against legal liability.
12. ZENNER may employ third party companies and individuals to facilitate the Site ("Service Providers"), to maintain the Site on ZENNER's behalf, to perform Site-related services or to assist ZENNER in analyzing how the Site is used. These third parties have access to Your Personal Data in order to perform these tasks on ZENNER's behalf and are obligated not to disclose or use it for any other purpose.
14. ZENNER does not have control over and assumes no responsibility for the content, privacy policies or practices of any third party sites or services.
15. The Site does not address anyone under the age of 18 ("Children"). ZENNER does not knowingly collect personally identifiable information from anyone under the age of 18. If You are a parent or guardian and You are aware that Your Child has provided ZENNER with Personal Data, please contact ZENNER. If ZENNER becomes aware that the Site has collected Personal Data from Children without verification of parental consent, ZENNER takes steps to remove that information from its servers.
D. General Provisions
1. ZENNER provides metering and payment services only and shall thus not be responsible or held liable for any other condition, management, maintenance, supply or use of the Unit or the Building. You hereby represent and warrant that You shall not raise any claims or file any actions relating thereto against ZENNER, nor do You have any right to set-off, retain or reduce any Charges invoiced by ZENNER with respect thereto.
2. You agree to indemnify and hold ZENNER, its subsidiaries, affiliates, officers, agents and other partners and employees, harmless from any loss, liability, claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of or relating to Your use of the Site, including also Your use of the Site to provide a link to another site or to upload content or other information to the Site, or Your breach of these Terms and Conditions.
3. For compliance reasons, ZENNER will not provide any services to You if you are based in any sanctioned country listed by OFAC (Office of Foreign Asset Control).
4. You are required to maintain a copy of all transactions records, as well as ZENNER's applicable policies and rules.
5. These Terms and Conditions shall be governed by and construed in accordance with the laws of the United Arab Emirates, as applicable in the Emirate of Dubai.
6. In the event of a dispute between You and ZENNER:
6.1 where the dispute relates to a claim for a sum within the limits specified by the DIFC Small Claims Tribunal from time to time, then the dispute shall be referred by either Party to the said Tribunal; and
6.2 for all other disputes, You and ZENNER shall seek settlement of that dispute by mediation in accordance with the Mediation Rules of the DIFC-LCIA Arbitration Centre, which Rules are deemed to be incorporated by reference to this clause. If the dispute is not settled by mediation within thirty (30) days of the commencement of the mediation, or such further period as You and ZENNER shall agree in writing, the dispute shall be referred to and finally resolved by arbitration under the Arbitration Rules of the DIFC-LCIA Arbitration Centre, which Rules are deemed to be incorporated by reference to this clause. The language to be used in the mediation and in the arbitration shall be English. In any arbitration commenced pursuant to this clause the number of arbitrators shall be one (1) and the arbitration shall be conducted in Dubai.