INTRODUCTION

Welcome to Minayn DMCC (Minayn). “Minayn DMCC” maintains the https://minayn.com Website (“Site”). The terms and conditions governing your access to and use of this website and its related sub-domains, sites, services and tools. By accepting these terms and conditions (including the linked information herein), and by using the Site, you represent that you agree to comply with these terms and conditions of Minayn DMCC (“we”, “us”, “our’ or “Minayn”) in relation to your use of the Site (the “User Agreement”). This User Agreement is effective upon acceptance. If you do not agree to be bound by this User Agreement please do not access, register with or use this Site.

This Site and all its constituents are a subject to the terms and conditions.

As a user of this Site, you agree with and accept this User Agreement and its relevant Privacy Policy (the “Privacy Policy”). The user is responsible to read and check periodically for any updates posted to the User Agreement and the Privacy Policy. You should read this User Agreement and the Privacy Policy and access and read all further linked information referred to in this User Agreement, as such information contains further terms and conditions that apply to you as a user of Minayn. Such linked information including but not limited to the Privacy Policy is hereby incorporated by reference into this User Agreement.

ELIGIBILITY FOR MEMBERSHIP

Minayn wishes to ensure that its members are able to form legally binding contracts and further that minors do not purchase unsuitable content. Therefore, customer(s) using the Site who are Minor / under the age of 18 shall not register as a User of the Site and shall not transact on or use the Site. You should represent that you are 18 years of age or over the age of 18 years before you become a member of the Site. Without prejudice to any other rights and remedies of Minayn under this User Agreement or at law, Minayn reserves the right to limit or withdraw access to the Site or the membership of any person if Minayn believes that the person is under the age of 18 years. The Site is not available to persons whose membership has been suspended or withdrawn by Minayn. Further, if you are registering as a business entity, you represent that you have the authority to bind that entity to this User Agreement and that you and the business entity will comply with all applicable laws relating to online trading. No person or business entity may register as a member of the Site more than once.

YOUR ACCOUNT AND REGISTRATION OBLIGATIONS

When you register as a member of the Site you have been or will be required to provide certain information and register a username and password for use on this Site.

On becoming a member of the Site, you irrevocably agree to the following –

  • You are responsible for maintaining the confidentiality of, and restricting access to and use of, your account and password, and accept responsibility for all activities that occur under your account and password.
  • You agree to immediately notify Minayn of any unauthorised use of your password or account or any other breach of security. In no event will Minayn be liable for any direct, indirect or consequential loss or loss of profits, goodwill or damage whatsoever resulting from the disclosure of your username and/or password.
  • You may not use another person’s account at any time, without the express permission of the account holder.
  • You agree to reimburse Minayn for any improper, unauthorised or illegal use of your account by you or by any person obtaining access to the Site, services or otherwise by using your designated username and password, whether or not you authorised such access.
  • You will provide true, accurate, current and complete information about yourself as prompted by Minayn’s registration form (the “Registration Data”).
  • You will not include –
    (i) any of your contact details, including but not limited to email addresses, telephone numbers or other personal details; or (ii) the word “Minayn” in your registration user ID.
  • Your store name shall not include the word “Minayn”.
  • You will treat any other member’s information provided to you (in accordance with these terms of use and the information on the Site) by Minayn or any other user as confidential.
  • You will maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete or if Minayn has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with this User Agreement, without prejudice to any other rights and remedies of Minayn under this User Agreement or at law, Minayn has the right to indefinitely suspend, limit or withdraw your access to the Site and/or your membership of the Site.
  • Minayn may (in its sole discretion and at any time), make any inquiries it considers necessary (whether directly or through a third party), and request that you provide it with further information or documentation, including without limitation to verify your identity and/or ownership of your financial instruments. Without limiting the foregoing, if you are a business entity or registered on behalf of a business entity such information or documentation may include your trade license, other incorporation documents and/or documentation showing any person’s authority to act on your behalf.
  • You agree to provide any information and/or documentation to Minayn upon such requests. You acknowledge and agree that if you do not, Minayn without liability may limit, suspend or withdraw your access to the Site and/or your membership of the Site. We also reserve the right to cancel unconfirmed / unverified accounts or accounts that have been inactive for a long time.
  • You will refrain from attempting to interfere with or obstruct the services provided through Site host or network. Such attempts include but are not limited to placing a virus on the Site, increasing load to or immersing or destroying the Site.
  • You will refrain from using the Site by any means for sending an e-mail relating to the Site or on its behalf by referring to it, or assuming its identity, to involve offense or defamation to MINAYN or to any other person whether physical or juridical or to announce any false news or information and ascribing it unrightfully to MINAYN.
  • These Terms & Conditions of Usage of Site may be changed or updated occasionally by MINAYN to meet the standard industry practices and applicable legal/regulatory requirements. Users are encouraged to frequently visit this section to be updated about changes to these Terms & Conditions of Usage of Site. Changes to these Terms & Conditions of Usage of Site will be effective on the day they are posted by MINAYN on the Site.

GOVERNING LAW AND DISPUTE RESOLUTION

United Arab Emirates is our country of domicile and the governing law is the local law. Any dispute or claim arising out of or about the usage of the Site / online purchase by the User shall be governed by and construed in accordance with the laws of the UAE. Such dispute shall be exclusively settled by the competent judicial courts in the Emirate of Dubai.

ELECTRONIC COMMUNICATIONS

You agree that we may communicate with you by email or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. Minayn requires your agreement during the registration process to send you promotional emails to let you know about any new changes, features or promotional activities added to the Site. If, at any time, you decide that you do not wish to receive promotional emails, you can opt out of receiving such promotional emails by clicking on the link at the bottom of any promotional email.

AMENDMENTS TO THIS USER AGREEMENT

You acknowledge and agree that Minayn shall endeavour to give you notice for any amendment to this User Agreement that materially increases your obligations or decreases your rights under the User Agreement (“Substantial Amendment”) in accordance with the terms of this User Agreement. You acknowledge and agree that Minayn at its sole discretion and without liability may make amendments that are not Substantial Amendments without your further specific agreement at any time with immediate effect by posting a notice of the amendment on the Site.

METHOD OF PAYMENT

MINAYN accepts payments via Visa and MasterCard in AED. The cardholder must retain a copy of transaction records and Merchant policies and rules.

DELIVERY & SHIPPING POLICY  (FOR PRODUCTS)

Delivery of products/items sold through the Site to Users by courier of such products/items will be made within 7 days from the online purchase of the relevant products/items to the User’s address as stated by the User during the creation of the User Account. The product will be shipped only on receipt of payment through transfer which takes three working days to reflect.

Minayn will deliver products in the GCC and internationally. Minayn will not trade with or provide any services to OFAC and sanctioned countries.

CANCELLATION / RETURN / REFUND / REPLACEMENT POLICY

Cancellations can be done within one hour of the order. For any cancellations of a confirmed order, please get in touch with us immediately at [email protected]

You will have the right to return a product/item purchased through the site within seven (7) days if it does not match the product/item booked on the site and provided that the relevant product/item is in the same condition as that when it was received and with the original packaging intact.

REFUND

Delivery & Shipping fees will be deducted from the purchase price of the returned product/item and the User will receive a refund for the balance.

The Delivery & Shipping fees will be waived if the returned product/item was not as shown on the site or faulty / defective / damaged. Refunds will be done only through the Original Mode of Payment and will be processed within 10 to 45 days depending on the issuing bank of the credit card.

NO WARRANTY

Minayn provides the Site and its services on an “as is” and “as available” basis without any representation or endorsement made and without any warranty or guarantee of any kind whether express or implied, including but not limited to warranties of title, merchantability, fitness for a particular purpose, compatibility, security, accuracy and non-infringement. Minayn makes no representations or warranties about the accuracy, reliability, or completeness of any content, information, software, text, graphics, links or communications provided on or through the use of the Site or that the operation of the Site will be error free and/or uninterrupted. Minayn makes no warranty that defects will be corrected or that the Site or its servers are free of viruses or anything else which may be harmful or destructive. The nature of Internet communications means that this Site may be susceptible to data corruption, interception, non-availability and delays. The Site may also be unavailable from time to time due to repairs, maintenance or development work. You agree that Minayn has no obligation to provide support for the Site. You expressly agree that you use the Site at your own risk.

REPLACEMENT

No replacement is allowed. You may ask only for a return / refund of a relevant product/item purchased through the Site and subject to the return / refund conditions outlined here above.

INTELLECTUAL PROPERTY / COPYRIGHT

All content included on the Site, including but not limited to text, graphics, logos, button icons, images, data compilations and software, is the property and copyright work of MINAYN and is protected by copyright, trademarks, patents or other intellectual property rights and laws. The compilation of the content on the Site is the exclusive property and copyright of MINAYN and is protected by copyright, trademarks, patents or other intellectual property rights and laws.

CONFIDENTIALITY

MINAYN shall not disclose confidential information in any form whatsoever (“Confidential Information”) relating to this agreement or delivered by you in course of the performance of this agreement or on the occasion of such performance to any third party. This confidentiality obligation will survive the termination of this agreement for an undefined duration. User is responsible for maintaining the confidentiality of his account.

LIMITATION OF LIABILITIES

To the extent permitted by law, Minayn , its officers, employees, agents, affiliates and suppliers shall not be liable for any loss or damage whatsoever whether direct, indirect, incidental, special, consequential or exemplary, including but not limited to, losses or damages for loss of profits, goodwill, business, opportunity, data or other intangible losses arising out of or in connection with your use of the Site, its services or this User Agreement (however arising, including negligence or otherwise and whether or not Minayn has been advised of the possibility of such losses or damages).

If you are dissatisfied with the Site or any content or materials on it, your sole exclusive remedy is to discontinue your use of it. Further, you agree that any unauthorised use of the Site and its services as a result of your negligent act or omission would result in irreparable injury to Minayn and Minayn shall treat any such unauthorised use as subject to the terms and conditions of this User Agreement.

INDEMNITY

You agree to indemnify and hold Minayn and its affiliates, officers, employees, agents and suppliers harmless from any and all claims, demands, actions, proceedings, losses, liabilities, damages, costs, expenses (including reasonable legal costs and expenses), howsoever suffered or incurred due to or arising out of your breach of this User Agreement, or your violation of any law or the rights of a third party.

FORCE MAJEURE

Minayn will not be held liable for any reason if there is a delay or failure to perform the duties under these terms and conditions for reasons, events or other matters beyond Minayn’s reasonable control.

RELATIONSHIP AND NOTICE

None of the provisions of this User Agreement shall be deemed to constitute a partnership or agency between you and Minayn and you shall have no authority to bind Minayn in any manner whatsoever.

Except as explicitly stated otherwise, any notices to Minayn from you shall be given by you by email to Minayn with a physical copy sent to us by mail or courier, such notice deemed given on confirmation of its receipt to you by Minayn by return email. Any notices to you from Minayn shall be given by notices posted on the Site or by email to the email address you provide to us during the registration process and shall be deemed to be received by you 48 hours after any such email is sent. Alternatively, we may give you notice by mail or prepaid shipping to the address provided to us during the registration process. In such case, notice shall be deemed given 7 days after the date of mailing.