Introduction &
Services
EXPLARIO PORTAL L.L.C. (www.explario.com) is a limited liability company that was established under the laws of the United Arab Emirates and holds trade license No. 1269450 issued by the Economy and Tourism Department in Dubai.
The Website is a company that works in the field of electronic commerce via websites and social media, and provides a platform for displaying services provided by some manufacturers/merchants in many similar fields.
The Website is a company that works in the field of electronic commerce via websites and social media, and provides a platform for displaying services provided by some manufacturers/merchants in many similar fields.
The Website functions solely as an intermediary and assumes no responsibility for the preparation, content of orders, communication conducted through its website between the buyer and the seller/Merchant. The Website operates as an agent on behalf of independent merchants, facilitating the presentation and ordering of services via the website, as well as overseeing the user experience during the ordering process.
By utilizing and registering as a buyer on the Website, the buyer explicitly consent to all the conditions, terms, and privacy policies established by the website's administration. The website's administration retains the prerogative to alter, amend, append, or delete portions of the terms of use and conditions at its discretion, without prior notification. Consequently, it is the buyer's obligation to periodically review the conditions, terms, and privacy policy to remain informed about any alterations. The continued use of the website signifies the buyer's acceptance of all changes and updates to the conditions, terms, and privacy policy
Registering a New Account
The Buyer is mandated to adhere to the registration requirements and the following* The buyer must have the legal capacity to open a new account in the Website.
* To initiate transactions, the buyer shall register for an account furnishing details as sought by the Website and, create a unique password and provide valid debit/ credit card details. The buyer must safeguard their password and account information and must not disclose such details to any third party and/or unauthorized person or entity.
* The buyer must provide correct, accurate and complete information in its profile and refrain from providing any false or misleading information about its identity, location, work, skills, services and other details as required by the Website.
* If another party in any way, uses buyer’s account in the Website, the buyer shall be responsible for all the purchases made under its account, and the administration of the Website shall not be responsible for any resulting loss on account of such unauthorized use, unless the use of buyer’s account by another party is due to a malfunction or a breach of the website’s safety policy. If it comes to the buyer's knowledge that someone else is aware of the details of their account for whatever reason, it must immediately write to the administration of the website.
* The user can choose to either accept or refuse to save its debit/ credit card details while registering on the website or furnish the details upon the request through the website to facilitate and complete the transaction. This data will be temporarily stored on the buyer’s account to facilitate the transaction.
Availability of the Services:
The availability of the services on the Website is as follows :
* Each independent service provider determines a distinct geographical area to provide services.
* Each independent merchant or service provider establishes their individual business hours.
* Therefore, the accessibility of services through the website is contingent upon the delivery area, and operating hours of the availability of the services set by the respective merchant.
* The buyer will receive notification through the website if, for any reason, the service is unavailable upon request.
The Order Policy of the Website:
* Upon request through the website, an acceptance and confirmation notice will be sent from the merchant.
* The buyer will reserve the services through the website and pay via electronic payment for the requested service itself. The value of the service does not include the insurance price – if any. The buyer is obligated to pay the insurance amount directly upon utilizing the service to merchant and recovers the amount from the merchant himself.
* By making a reservation for a service through the Website, the buyer is making an offer to book at the listed price for that service, subject to the terms and conditions specified on the Website. This becomes a binding contract under the terms of use when accepted. The buyer will receive a confirmed service reservation confirmation via email and/or text message, indicating that the reservation has been confirmed. Confirmation of the reservation via email means that the reservation request has been received and processed, and the buyer does not need to take any further action. The Website reserves the right to reject reservations if it goes against the Website’s terms and conditions.
* The buyer must be available to receive the service at the specified time and location.
Refund Policy :
The buyer agrees to the Website’s Refund Policy
1. Cancellations by the
customer/buyer:
the accommodation's cancellation policy will apply to your reservation, so we recommend carefully reading the accommodation's cancellation policy before making a booking
A. The cancellation time
is calculated from 12:00 PM on the same day as
the booking date.
B. Explario has right to deduct any other fees incurred due to the cancellation, such as service fees, bank charges, administrative fees, etc.
C. Explario has right to deduct any other fees incurred due to the cancellation, such as service fees, bank charges, administrative fees, etc
2. . Cases of Cancellation by the Merchant:
In case the confirmed booking has been cancelled by the Merchant, the Website has the right to deduct the value of the service fees or request compensation if required or where the Website management deems appropriate.
3. The amount will be refunded to the customer’s credit card/debit card, within a period of seven (07) – thirty (30) business days.
We value your satisfaction and aim to provide a seamless and efficient refund process. If you have any questions or need assistance with a refund, please contact our customer support. Your happiness is our priority.
Price and Payment Policy:
- Prices offered on the website are subject to change without prior notice according to the merchant and service providers. In all cases, the amounts offered on the website will be the amounts payable by the buyer and detailed bifurcation of these amounts will be provided, for example (order fees, VAT, etc.) before the order is processed, and confirmed .
- The buyer will have the option of paying by credit card, direct debit. Payment can also be made using vouchers or account credit.
- Merchants can make special offers through the website, and these offers will appear to the buyers on the merchant's home page, and these offers are subject to the merchant's discretion and may be withdrawn, retracted or terminated at any time without prior notice.
- If the buyer faces any problems or obstacles in the order process through the website, he can communicate directly with the website’s customer support to seek the necessary assistance. If the order is completed by the buyer and paid for by the buyer and the bill is issued by the website, the value of the order will be returned in full or in part at the discretion of the Website and cannot be contested by the buyer.
Guarantees and Obligations:
The buyer guarantees, represents and undertakes to:
* strictly adhere to all relevant laws and regulations of the United Arab Emirates, encompassing but not limited to penal, consumer protection, and intellectual property laws.
* Do not use this website for any unlawful purpose or activity. The Website reserves the right to investigate complaints or reported violations of such conditions for the buyer and to take whatever action it deems appropriate.
* Provide correct, accurate and complete information in his profile and provide no false or misleading information about his identity, location, work, skills or other details required by the application.
Determination of
Liability:
The Website shall not
be held liable for any loss, injury, claim, liability or damage of any kind
resulting from the Buyer’s use of the website or content. The Website will not
be liable for any incidental, direct, indirect, punitive, dependent, special or
other damage, including loss of income, profits, loss of data, moral damage or
similar damage arising out of or connected in any way with the use or inability
to use the material on the application or content, to the extent that the
determination of prior liability is prohibited.
Under no circumstances shall the liability of the website extend beyond the value paid by the buyer for the purchase of the services purchased through the website.
Disclaimer:
The buyer/customer is obligated to follow the safety instructions and rules provided to him by the merchant according to the nature of each activity, including, but not limited to, if the customer/buyer has any medical conditions (such as heart problems, back problems, cardiovascular problems, high blood pressure, etc.), pregnancy, or if they have had recent surgery or any other reason that may put their lives at risk by avoiding booking any of the services, and the website does not bear any responsibility in the event of any injuries or losses if the buyer or customer does not adhere to the safety procedures.
Suspension of Service:
The Website shall reserve the right to suspend all services and to suspend the entry of any authorized user into its accounts at its own will and without prior warning in the following cases, but not limited to:
1- If the Website at its absolute discretion considers that the website’s brand may be adversely affected or damaged as a result of the continuous entry of the customer or authorized user, and/or
2- If the buyer commits
a serious breach of the conditions of this Agreement or misuses/ exploits it to
expose the Website or its Merchant to legal implications/ fines/ penalties etc
Intellectual Property Rights:
The buyer acknowledges that any patent, trademark, service mark, printing and publishing rights, moral right, right to design, know-how and other intellectual property rights existing on the Website are for its own usage or for the Website’s registered merchants. The buyer shall not copy, reproduce, download, publish, broadcast or transfer or make it available to the public or in any other way use any content on the website in any way.
Promotional Offers:
A. About Promotional Offers:
The Merchant may occasionally offer promotional prices, vouchers, promotional codes, coupons, discounts, and special offers ("Promotional Offers"). Unless explicitly stated otherwise, Promotional Offers cannot be combined.
B. About Promotional Codes and Coupons:
- A valid promotional code or coupon must be applied on the payment page to be applied to your booking.
- Unless specified otherwise, promotional codes and coupons do not apply to local taxes, service fees, and additional charges.
- Some accommodations may exclude promotional codes and coupons..
- Unless specified otherwise, promotional codes and coupons are not transferrable, cumulative, and cannot be combined with other offers, rewards, or loyalty programs.
- Promotional codes and coupons cannot be redeemed for cash, credit, or other products.
- In case of reservation cancellation, the promotional code or coupon does not have cash or refund value.
- Some promotional codes or coupons may be available only in specific regions or for residents of specific regions.
- Explario reserves the right to discontinue the use of promotional codes or coupons by users if they are considered to have misused them.
- Explario reserves the right to change the terms without prior notice.
- In case of any dispute, Explario’s decision will be final
Other Important Conditions:
- The Website is a service provider and nothing in this Agreement provides for a partnership or joint venture with any Party.
- The Website may waive or transfer or sells its rights and obligations under this Agreement to another institution without impacting or affecting buyer’s rights or obligations as encapsulated in this Agreement.
- In the event of a dispute between the merchant and the buyer, the buyer agree and acknowledge that the Website is neither a party to any dispute between the merchant and the buyer and nor does it assume responsibility, settlement or support for the resolution of the dispute at all and for any reason whatsoever.
- These terms and conditions may be subject to any modification, change, addition or deletion at any time through modification of this page. The buyer shall refer to the page from time to time and review these amendments as effective and applicable from the time of modification on the page
The Website’s Updates
and Services:
The Website aims to and reserves right to update its data and services periodically and at any time, which may result in the disruption or indefinite closure of access to the website. In any case, we ensure that the information provided for the website is kept confidential.
Data collection and Usage:
- Through buyer’s utilization of our services, certain data is gathered. A comprehensive description of this data collection process can be found within our privacy policy available on the website.
- Any materials uploaded/ details provided by the buyer to avail the Website’s services and/or data collected due to the website usage by the buyer shall be regarded as non-confidential except the bank/ card details or other important information explicitly prohibited under the law to be stored/ used by Merchants or e-commerce platform. By using the Website’s services, the Buyer acknowledges and consents to the Website’s right to utilize, reproduce, distribute, sell, and disclose such materials or data to third parties for purposes related to the Website’s operations and expansions.
- To the extent that these materials are safeguarded by intellectual property rights, the Buyer hereby grant the Website an irrevocable, worldwide, royalty-free license to use, reproduce, modify, distribute, sell, and disclose any materials or data to third parties for purposes associated with its operations.
Force Majeure:
The Buyer acknowledges and agrees that the Website shall not be liable for any interruption, delay, suspension, or downtime of its online platform arising from causes beyond the reasonable control of the Website. Such causes include, but are not limited to:
A. Acts of God, including fire, flood, earthquakes, pandemics, or other natural disasters.
B. War, riot, civil unrest, or acts of terrorism.
C. Governmental actions including emergency laws, regulations, or orders, affecting telecommunications, Internet services or other utilities.
D. Failures or substandard performance of the Merchant’s own equipment, systems or external communications providers not directly contracted by the Website.
E. Cyber-attacks, hacking incidents, or other security breaches affecting the global Internet infrastructure, outside of those resulting from the Website’s negligence.
F. Strikes or labor disputes affecting third-party services including but not limited to logistics, and
G. Any other events beyond the reasonable anticipation and control of the Website.
Governing Law & Dispute Resolution:
Dispute Resolution Clause:
In the event of any dispute or disagreement arising under or in connection with this Agreement, the parties hereby agree to seek amicable settlement through negotiation and consultation in good faith.
In the event that an amicable settlement is not achieved within a reasonable time, any unresolved disputes shall be subject to the exclusive jurisdiction of the courts located in Dubai, United Arab Emirates. The parties expressly consent to the jurisdiction of these courts.
This Agreement shall be governed by and construed in accordance with the federal laws of the United Arab Emirates, as well as the specific laws and regulations of the Emirate of Dubai.
This dispute resolution clause is an integral part of the Agreement and shall be binding upon both parties.
Website Links to Third-Party Sites and Resources:
The Website may include hyperlinks to other websites and resources, which are provided by third parties. These links are presented for your reference and informational purposes. It is essential to note that the Website do not exercise any control over the content found on these external sites or resources, and assumes no liability for the content, accuracy, or any loss or damage that may arise from the buyer’s use of these third-party resources.
Communicating with Us:
If you wish to
initiate written communication with us, please utilize the email correspondence
method by directing your inquiries to our designated email address (info@explario.com) . This correspondence should be conducted
using the email address registered during the account creation
process on our website.
