Terms & Conditions
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY, AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS AND REMEDIES.
The agreement of terms and conditions (this "Agreement") is entered into by and between Whizz LLC ("Whizz") and you, and is made effective as of the date of your use of this website ("Site") or the date of electronic acceptance. This Agreement sets forth the general terms and conditions of your use of the Site and the products and services purchased or accessed through this Site (individually and collectively, the "Services"), and is in addition to (not in lieu of) any specific terms and conditions that apply to the particular Services.
The terms "we", "us" or "our" shall refer to Whizz. The terms "you", "your", "User" or "customer" shall refer to any individual or entity who accepts this Agreement as deemed above, has access to your account or uses the Services. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.
Whizz may, in its sole and absolute discretion, change or modify this Agreement, and any policies or agreements which are incorporated herein, at any time, and such changes or modifications shall be effective immediately upon posting to this Site. Your use of this Site or the Services after such changes or modifications have been made shall constitute your acceptance of this Agreement as last revised. If you do not agree to be bound by this Agreement as last revised, do not use (or continue to use) this Site or the Services. In addition, Whizz may occasionally notify you of changes or modifications to this Agreement by email. It is therefore very important that you keep your Whizz account ("Account") information current. Whizz assumes no liability or responsibility for your failure to receive an email notification if such failure results from an inaccurate email address.
2. ELIGIBILITY; AUTHORITY
This Site and the Services are available only to Users who can form legally binding contracts under applicable law. By using this Site or the Services, you represent and warrant that you are (i) at least eighteen (18) years of age, (ii) otherwise recognized as being able to form legally binding contracts under applicable law, and (iii) are not a person barred from purchasing or receiving the Services found under the laws of the United Arab Emirates or other applicable jurisdiction.
If you are entering into this Agreement on behalf of a corporate entity, you represent and warrant that you have the legal authority to bind such corporate entity to the terms and conditions contained in this Agreement, in which case the terms "you", "your", "User" or "customer" shall refer to such corporate entity. If, after your electronic acceptance of this Agreement, Whizz finds that you do not have the legal authority to bind such corporate entity, you will be personally responsible for the obligations contained in this Agreement, including, but not limited to, the payment obligations. Whizz shall not be liable for any loss or damage resulting from Whizz's reliance on any instruction, notice, document or communication reasonably believed by Whizz to be genuine and originating from an authorised representative of your corporate entity. If there is reasonable doubt about the authenticity of any such instruction, notice, document or communication, Whizz reserves the right (but undertakes no duty) to require additional authentication from you. You further agree to be bound by the terms of this Agreement for transactions entered into by you, anyone acting as your agent and anyone who uses your account or the Services, whether or not authorised by you.
3. ACCOUNTS; TRANSFER OF DATA
Accounts. In order to access some of the features of this Site or use some of the Services, you will have to create an Account. You represent and warrant to Whizz that all information you submit when you create your Account is accurate, current and complete, and that you will keep your Account information accurate, current and complete. If Whizz has reason to believe that your Account information is untrue, inaccurate, out-of-date or incomplete, Whizz reserves the right, in its sole and absolute discretion, to suspend or terminate your Account. You are solely responsible for the activity that occurs on your Account, whether authorized by you or not, and you must keep your Account information secure, including without limitation your customer number/login, password, and Payment Method(s) (as defined below). For security purposes, Whizz recommends that you change your password at least once every six (6) months for each Account. You must notify Whizz immediately of any breach of security or unauthorized use of your Account. Whizz will not be liable for any loss you incur due to any unauthorized use of your Account. You, however, may be liable for any loss Whizz or others incur caused by your Account, whether caused by you, or by an authorized person, or by an unauthorized person.
Transfer of Data Abroad. If you are visiting this Site from a country other than the country in which our servers are located, your communications with us may result in the transfer of information (including your Account information) across international boundaries. By visiting this Site and communicating electronically with us, you consent to such transfers.
4. AVAILABILITY OF WEBSITE/SERVICES
Subject to the terms and conditions of this Agreement and our other policies and procedures, we shall use commercially reasonable efforts to attempt to provide this Site and the Services on a twenty-four (24) hours a day, seven (7) days a week basis. You acknowledge and agree that from time to time this Site may be inaccessible or inoperable for any reason including, but not limited to, equipment malfunctions; periodic maintenance, repairs or replacements that we undertake from time to time; or causes beyond our reasonable control or that are not reasonably foreseeable including, but not limited to, interruption or failure of telecommunication or digital transmission links, hostile network attacks, network congestion or other failures. You acknowledge and agree that we have no control over the availability of this Site or the Service on a continuous or uninterrupted basis, and that we assume no liability to you or any other party with regard thereto.
From time to time, Whizz may offer new Services (limited preview services or new features to existing Services) in a pre-release version. New Services, new features to existing Services or limited preview services shall be known, individually and collectively, as "Beta Services". If you elect to use any Beta Services, then your use of the Beta Services is subject to the following terms and conditions: (i) You acknowledge and agree that the Beta Services are pre-release versions and may not work properly; (ii) You acknowledge and agree that your use of the Beta Services may expose you to unusual risks of operational failures; (iii) The Beta Services are provided as-is, so we do not recommend using them in production or mission critical environments; (iv) Whizz reserves the right to modify, change, or discontinue any aspect of the Beta Services at any time; (v) Commercially released versions of the Beta Services may change substantially, and programs that use or run with the Beta Services may not work with the commercially released versions or subsequent releases; (vi) Whizz may limit availability of customer service support time dedicated to support of the Beta Services; (vii) You acknowledge and agree to provide prompt feedback regarding your experience with the Beta Services in a form reasonably requested by us, including information necessary to enable us to duplicate errors or problems you experience. You acknowledge and agree that we may use your feedback for any purpose, including product development purposes. At our request you will provide us with comments that we may use publicly for press materials and marketing collateral. Any intellectual property inherent in your feedback or arising from your use of the Beta Services shall be owned exclusively by Whizz; (viii) You acknowledge and agree that all information regarding your use of the Beta Services, including your experience with and opinions regarding the Beta Services, is confidential, and may not be disclosed to a third party or used for any purpose other than providing feedback to Whizz; (ix) The Beta Services are provided "as is", "as available", and "with all faults". To the fullest extent permitted by law, Whizz disclaims any and all warranties, statutory, express or implied, with respect to the Beta Services including, but not limited to, any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement.
5. GENERAL RULES OF CONDUCT
You acknowledge and agree that:
- Your use of this Site and the Services , including any content you submit, will comply with this Agreement and all applicable local, state, national and international laws, rules and regulations.
- You will not collect or harvest (or permit anyone else to collect or harvest) any User Content (as defined below) or any non-public or personally identifiable information about another User or any other person or entity without their express prior written consent.
- You will not use this Site or the Services in a manner (as determined by Whizz in its sole and absolute discretion) that:
Is illegal, or promotes or encourages illegal activity; Promotes, encourages or engages in child pornography or the exploitation of children; Promotes, encourages or engages in terrorism, violence against people, animals, or property; Promotes, encourages or engages in any spam or other unsolicited bulk email, or computer or network hacking or cracking; Violates the Ryan Haight Online Pharmacy Consumer Protection Act of 2008 or similar legislation, or promotes, encourages or engages in the sale or distribution of prescription medication without a valid prescription; Infringes on the intellectual property rights of another User or any other person or entity; Violates the privacy or publicity rights of another User or any other person or entity, or breaches any duty of confidentiality that you owe to another User or any other person or entity; Interferes with the operation of this Site or the Services found at this Site; Contains or installs any viruses, worms, bugs, Trojan horses or other code, files or programs designed to, or capable of, disrupting, damaging or limiting the functionality of any software or hardware; or Contains false or deceptive language, or unsubstantiated or comparative claims, regarding Whizz or Whizz's Services.
- You will not copy or distribute in any medium any part of this Site or the Services , except where expressly authorised by Whizz.
- You will not modify or alter any part of this Site or the Services found at this Site or any of its related technologies.
- You will not access Whizz Content (as defined below) or User Content through any technology or means other than through this Site itself, or as Whizz may designate.
- You will not re-sell or provide the Services for a commercial purpose, including any of Whizz's related technologies, without Whizz's express prior written consent.
- You agree to provide government-issued photo identification and/or government-issued business identification as required for verification of identity when requested.
- You are aware that Whizz may from time-to-time call you about your account, and that, for the purposes of any and all such call(s), you do not have any reasonable expectation of privacy during those calls; indeed you hereby consent to allow Whizz, in its sole discretion, to record the entirety of such calls regardless of whether Whizz asks you on any particular call for consent to record such call. You further acknowledge and agree that, to the extent permitted by applicable law, any such recording(s) may be submitted in evidence any legal proceeding in which Whizz is a party.
Whizz reserves the right to modify, change, or discontinue any aspect of this Site or the Services, including without limitation prices and fees for the same, at any time.
6. YOUR USE OF WHIZZ WEBSITE CONTENT AND USER CONTENT
In addition to the general rules above, the provisions in this Section apply specifically to your use of Whizz Content and User Content posted to Whizz's corporate websites (i.e., those sites which Whizz directly controls or maintains including whizz.ae and whizzcart.com). The applicable provisions are not intended to and do not have the effect of transferring any ownership or licensed rights (including intellectual property rights) you may have in content posted to your hosted websites.
Whizz Content. Except for User Content, the content on our websites and the Services , including without limitation the text, software, scripts, source code, API, graphics, photos, sounds, music, videos and interactive features and the trademarks, service marks and logos contained therein ("Whizz Content"), are owned by or licensed to Whizz in perpetuity, and are subject to copyright, trademark, and/or patent protection in the United States and foreign countries, and other intellectual property rights under United States and foreign laws. Whizz Content is provided to you "as is", "as available" and "with all faults" for your information and personal, non-commercial use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any purposes whatsoever without the express prior written consent of Whizz. No right or license under any copyright, trademark, patent, or other proprietary right or license is granted by this Agreement. Whizz reserves all rights not expressly granted in and to the Whizz Content, this Site and the Services, and this Agreement do not transfer ownership of any of these rights.
User Content. Some of the features of this Site or the Services may allow Users to view, post, publish, share, store, or manage (a) ideas, opinions, recommendations, or advice ("User Submissions"), or (b) literary, artistic, musical, or other content, including but not limited to photos and videos (together with User Submissions, "User Content"). User Content includes all content submitted through your Account. By posting or publishing User Content to this Site or to the Services, you represent and warrant to Whizz that (i) you have all necessary rights to distribute User Content via this Site or via the Services, either because you are the author of the User Content and have the right to distribute the same, or because you have the appropriate distribution rights, licenses, consents, and/or permissions to use, in writing, from the copyright or other owner of the User Content, and (ii) the User Content does not violate the rights of any third party.
Security. You agree not to circumvent, disable or otherwise interfere with the security-related features of this Site or the Services found at this Site (including without limitation those features that prevent or restrict use or copying of any Whizz Content or User Content) or enforce limitations on the use of this Site or the Services found at this Site, the Whizz Content or the User Content therein.
7. WHIZZ'S USE OF USER CONTENT
The provisions in this Section apply specifically to Whizz's use of User Content posted to Whizz's corporate websites (i.e., those sites which Whizz directly controls or maintains). The applicable provisions are not intended to and do not have the effect of transferring any ownership or licensed rights (including intellectual property rights) you may have in content posted to your hosted websites.
Generally. You shall be solely responsible for any and all of your User Content or User Content that is submitted through your Account, and the consequences of, and requirements for, distributing it.
With Respect to User Submissions. You acknowledge and agree that:
Your User Submissions are entirely voluntary.
Your User Submissions do not establish a confidential relationship or obligate Whizz to treat your User Submissions as confidential or secret.
Whizz has no obligation, either express or implied, to develop or use your User Submissions, and no compensation is due to you or to anyone else for any intentional or unintentional use of your User Submissions.
Whizz may be working on the same or similar content, it may already know of such content from other sources, it may simply wish to develop this (or similar) content on its own, or it may have taken / will take some other action.
Whizz shall own exclusive rights (including all intellectual property and other proprietary rights) to any User Submissions posted to this Site, and shall be entitled to the unrestricted use and dissemination of any User Submissions posted to this Site for any purpose, commercial or otherwise, without acknowledgment or compensation to you or to anyone else.
8. SUPPORT FORUM
The support forum is operated and controlled by Whizz and is geared towards users of Whizz products and services. It aims to create a place where users can exchange ideas and share tips and tricks that they have found helpful in using Whizz products and services. Users can participate through various forums, including product groups, product blogs, discussion groups, idea sharing and the like. The support forum is not a replacement for Whizz's technical and billing support services accessible via telephone or email on the Whizz website. Whizz does not endorse any of the ideas, opinions, recommendations, advice or other content expressed on the support forum, and Whizz expressly disclaims any liability or responsibility for any content posted on the support forum by its users.
Rules of Conduct. In addition to the General Rules of Conduct herein that are applicable to all products and services, the following rules of conduct also apply to your use of the support forum. You acknowledge and agree that:
You will not impersonate any other person or entity, or submit content on behalf of any other person or entity without their express prior written consent;
You will not submit content in exchange for payment or consideration received from any third party;
You will treat your access to the forums and other users with respect;
You will not submit content that provides any non-public information about another user, Whizz or any of Whizz's employees or customers (including the names and contact information);
You will not submit content or links to content that is harassing, defamatory, abusive, pornographic, X-rated, obscene, contains malware, spam, phishing or is otherwise objectionable as determined by us in our sole and absolute discretion; and
You will not submit content that contains third party advertising, spam, chain letters or any other solicitation, including solicitation of lawsuits (links that connect to commercial websites will not be considered unauthorised solicitations unless the link or website content appears to be intended as a means of solicitation or part of an "affiliate" program, as determined by us in our sole and absolute discretion).
9. MONITORING OF CONTENT; ACCOUNT TERMINATION POLICY
Whizz generally does not pre-screen User Content (whether posted to a website hosted by Whizz or posted to this Site). However, Whizz reserves the right (but undertakes no duty) to do so and decide whether any item of User Content is appropriate and/or complies with this Agreement. Whizz may remove any item of User Content (whether posted to a website hosted by Whizz or posted to this Site) and/or terminate a User's access to this Site or the Services found at this Site for posting or publishing any material in violation of this Agreement, or for otherwise violating this Agreement (as determined by Whizz in its sole and absolute discretion), at any time and without prior notice. Whizz may also terminate a User's access to this Site or the Services found at this Site if Whizz has reason to believe the User is a repeat offender. If Whizz terminates your access to this Site or the Services found at this Site, Whizz may, in its sole and absolute discretion, remove and destroy any data and files stored by you on its servers.
10. ADDITIONAL RESERVATION OF RIGHTSWhizz expressly reserves the right to deny, cancel, terminate, suspend, lock, or modify access to (or control of) any Account or Services (including the right to cancel or transfer any domain name registration) for any reason (as determined by Whizz in its sole and absolute discretion), including but not limited to the following: (i) to correct mistakes made by Whizz in offering or delivering any Services (including any domain name registration), (ii) to protect the integrity and stability of, and correct mistakes made by, any domain name registry, (iii) to assist with our fraud and abuse detection and prevention efforts, (iv) to comply with court orders against you and/or your domain name or website and applicable local, state, national and international laws, rules and regulations, (v) to comply with requests of law enforcement, including subpoena requests, (vi) to comply with any dispute resolution process, (vii) to defend any legal action or threatened legal action without consideration for whether such legal action or threatened legal action is eventually determined to be with or without merit, or (viii) to avoid any civil or criminal liability on the part of Whizz, its officers, directors, employees and agents, as well as Whizz's affiliates, including, but not limited to, instances where you have sued or threatened to sue Whizz.
Whizz expressly reserves the right to review every Account for excessive space and bandwidth utilization, and to terminate or apply additional fees to those Accounts that exceed allowed levels.
Whizz expressly reserves the right to terminate, without notice to you, any and all Services where, in Whizz's sole discretion, you are harassing or threatening Whizz and/or any of Whizz's employees.
11. TRADEMARK AND/OR COPYRIGHT CLAIMS
Whizz supports the protection of intellectual property. If you would like to submit (i) a trademark claim for violation of a mark on which you hold a valid, registered trademark or service mark, or (ii) a copyright claim for material on which you hold a bona fide copyright, please contact Whizz at firstname.lastname@example.org
12. LINKS TO THIRD-PARTY WEBSITES
This Site and the Services found at this Site may contain links to third-party websites that are not owned or controlled by Whizz. Whizz assumes no responsibility for the content, terms and conditions, privacy policies, or practices of any third-party websites. In addition, Whizz does not censor or edit the content of any third-party websites. By using this Site or the Services found at this Site, you expressly release Whizz from any and all liability arising from your use of any third-party website. Accordingly, Whizz encourages you to be aware when you leave this Site or the Services found at this Site and to review the terms and conditions, privacy policies, and other governing documents of each other website that you may visit.
13. DISCLAIMER OF REPRESENTATIONS AND WARRANTIES
You specifically acknowledge and agree that your use of this site and the services found at this site shall be at your own risk and that this site and the services found at this site are provided "as is", "as available" and "with all faults". Whizz, its officers, directors, employees, agents, and all third party service providers disclaim all warranties, statutory, express or implied, including, but not limited to, any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. Whizz, its officers, directors, employees, and agents make no representations or warranties about (i) the accuracy, completeness, or content of this site, (ii) the accuracy, completeness, or content of any sites linked (through hyperlinks, banner advertising or otherwise) to this site, and/or (iii) the services found at this site or any sites linked (through hyperlinks, banner advertising or otherwise) to this site, and Whizz assumes no liability or responsibility for the same. In addition, you specifically acknowledge and agree that no oral or written information or advice provided by Whizz, its officers, directors, employees, or agents (including without limitation its call center or customer service representatives), and third party service providers will (i) constitute legal or financial advice or (ii) create a warranty of any kind with respect to this site or the services found at this site, and users should not rely on any such information or advice. The foregoing disclaimer of representations and warranties shall apply to the fullest extent permitted by law, and shall survive any termination or expiration of this agreement or your use of this site or the services found at this site.
14. LIMITATION OF LIABILITY
In no event shall Whizz, its officers, directors, employees, agents, and all third party service providers, be liable to you or any other person or entity for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever, including any that may result from (i) the accuracy, completeness, or content of this site, (ii) the accuracy, completeness, or content of any sites linked (through hyperlinks, banner advertising or otherwise) to this site, (iii) the services found at this site or any sites linked (through hyperlinks, banner advertising or otherwise) to this site, (iv) personal injury or property damage of any nature whatsoever, (v) third-party conduct of any nature whatsoever, (vi) any unauthorised access to or use of our servers and/or any and all content, personal information, financial information or other information and data stored therein, (vii) any interruption or cessation of services to or from this site or any sites linked (through hyperlinks, banner advertising or otherwise) to this site, (viii) any viruses, worms, bugs, trojan horses, or the like, which may be transmitted to or from this site or any sites linked (through hyperlinks, banner advertising or otherwise) to this site, (ix) any user content or content that is defamatory, harassing, abusive, harmful to minors or any protected class, pornographic, "x-rated", obscene or otherwise objectionable, and/or (x) any loss or damage of any kind incurred as a result of your use of this site or the services found at this site, whether based on warranty, contract, tort, or any other legal or equitable theory, and whether or not Whizz is advised of the possibility of such damages. In addition, you specifically acknowledge and agree that any cause of action arising out of or related to this site or the services found at this site must be commenced within one (1) year after the cause of action accrues, otherwise such cause of action shall be permanently barred. In addition, you specifically acknowledge and agree that in no event shall Whizz's total aggregate liability exceed the total amount paid by you for the particular services that are the subject of the cause of action. The foregoing limitation of liability shall apply to the fullest extent permitted by law, and shall survive any termination or expiration of this agreement or your use of this site or the services found at this site.
You agree to protect, defend, indemnify and hold harmless Whizz and its officers, directors, employees, agents, and third party service providers from and against any and all claims, demands, costs, expenses, losses, liabilities and damages of every kind and nature (including, without limitation, reasonable attorneys' fees) imposed upon or incurred by Whizz directly or indirectly arising from (i) your use of and access to this Site or the Services found at this Site; (ii) your violation of any provision of this Agreement or the policies or agreements which are incorporated herein; and/or (iii) your violation of any third-party right, including without limitation any intellectual property or other proprietary right. The indemnification obligations under this section shall survive any termination or expiration of this Agreement or your use of this Site or the Services found at this Site.
16. FEES AND PAYMENTS
By supplying your credit or debit card for the payment of the product purchase or service fee, you authorize Whizz to automatically charge your credit card, debit card or prepaid card for charges that apply to your account. Your card will be charged in advance for the following term's service (depending upon the term selected by you when you signed up for the Service).
If the credit card, prepaid card or debit card on file with us has expired, is otherwise invalid or otherwise cannot be processed for any reason, we will attempt to notify you of this fact by email and give you an opportunity to provide us with a valid credit card.
17. SUCCESSORS AND ASSIGNS
This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, successors and assigns.
18. NO THIRD-PARTY BENEFICIARIES
Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.
19. COMPLIANCE WITH LOCAL LAWS
Whizz makes no representation or warranty that the content available on this Site or the Services found at this Site are appropriate in every country or jurisdiction, and access to this Site or the Services found at this Site from countries or jurisdictions where its content is illegal is prohibited. Users who choose to access this Site or the Services found at this Site are responsible for compliance with all local laws, rules and regulations.
For the purpose of venue, this agreement was entered into in Dubai, UAE, and any dispute will be followed as per the laws of Dubai, UAE. The term "party" refers to either Whizz or the Customer. The term "parties" refers to both Whizz and the Customer collectively.
If any dispute, claim, controversy or difference (including in relation to any tortious or statutory claim) ("Dispute") arises out of or in connection with or in relation to this Agreement, including (without limitation) any question regarding the formation, existence, scope, performance, interpretation, validity or termination of this Agreement or this clause, or any question regarding the legal relationships established by this Agreement or the consequences of its nullity, then Whizz and the Customer shall first attempt amicably to settle the Dispute through good-faith negotiations over a period of thirty (30) calendar days commencing on the date that a party first sends to the other party a written notice of the Dispute.
In the event that a Dispute has not been settled amicably by the relevant parties by the end of such thirty (30) calendar day-period, the parties hereby agree that the Dispute shall be referred to and finally resolved by binding arbitration as set out below, under the Arbitration Rules of the Dubai International Financial Centre - London Court of International Arbitration ("LCIA"), which rules ("Rules") are deemed to be incorporated by reference into this clause and it will be at the sole discretion of Whizz to accept or reject for the dispute to be referred for arbitration. The number of arbitrators shall be one. The parties to the arbitration shall seek to agree on a sole arbitrator to be nominated to the LCIA court for appointment. If the parties to the arbitration fail to nominate a sole arbitrator within 30 days from the date of the service of the request upon the respondent (or such greater or lesser period as may be fixed by the LCIA Court), the sole arbitrator shall be appointed by the LCIA Court. The seat or legal place of the arbitration shall be Dubai International Financial Centre in Dubai, UAE. The arbitration proceedings shall be conducted in the English language and the award shall be in English. The foregoing provisions of this clause are without prejudice to the right of Whizz to seek interim relief at any time from any court of competent jurisdiction (whether or not an arbitrator has been appointed) and Whizz shall not be deemed to have breached this arbitration agreement or infringed the powers of the arbitrator for having done so.
21. TITLES AND HEADINGS; INDEPENDENT COVENANTS; SEVERABILITY
The titles and headings of this Agreement are for convenience and ease of reference only and shall not be utilized in any way to construe or interpret the agreement of the parties as otherwise set forth herein. Each covenant and agreement in this Agreement shall be construed for all purposes to be a separate and independent covenant or agreement. If a court of competent jurisdiction holds any provision (or portion of a provision) of this Agreement to be illegal, invalid, or otherwise unenforceable, the remaining provisions (or portions of provisions) of this Agreement shall not be affected thereby and shall be found to be valid and enforceable to the fullest extent permitted by law.
22. PRODUCT DESCRIPTIONS
Whizz attempts to be as accurate as possible. However, Whizz does not warrant that product descriptions or other content of any Whizz Service is accurate, complete, reliable, current, or error-free. If a product offered by Whizz itself is not as described, your sole remedy is to return it in unused condition.
Except where noted otherwise, the List Price or Suggested Price displayed for products on any Whizz Service represents the full retail price listed on the product itself, suggested by the manufacturer or supplier, or estimated in accordance with standard industry practice; or the estimated retail value for a comparably featured item offered elsewhere. The List Price or Suggested Price is a comparative price estimate and may or may not represent the prevailing price in every area on any particular day. For certain items that are offered as a set, the List Price or Suggested Price may represent "open-stock" prices, which means the aggregate of the manufacturer's estimated or suggested retail price for each of the items included in the set. Where an item is offered for sale by one of our merchants, the List Price or Suggested Price may be provided by the merchant.
With respect to items sold by Whizz, we cannot confirm the price of an item until you order. Despite our best efforts, a small number of the items in our catalog may be mispriced. If the correct price of an item sold by Whizz is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.
We generally do not charge your credit card, debit card or prepaid card until after your order has entered the shipping process or, for digital products, until we make the digital product available to you.
24. RISK OF LOSS
All items purchased from Whizz are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
25. RETURNS AND WARRANTY
In general, you may be able to return a product purchased from us within 3 business days after receiving your order. View our Returns policy on https://www.whizz.co.ke/returns-and-warranty for full details.
26. GOVERNING LAW
Whizz is governed by the laws of the Emirate (State) of Sharjah in the United Arab Emirates (UAE) and Whizz is construed in accordance with the laws of the Emirate (State) of Sharjah in the United Arab Emirates (UAE).
27. IMPORT DUTIES, CUSTOMS CLEARANCE AND TAXES
For products being delivered to the United Arab Emirates and Kenya, Whizz LLC offers a full door-to-door delivery services which is inclusive of customs clearance, import duty, taxes and VAT (Value Added Tax) therefore you will not need to pay anything extra when the products you have ordered are delivered to you. For all other countries, the customer and/or recipient is fully responsible for assuring the product can be lawfully imported to the destination country provided as part of their shipping address. The recipient is the importer of record and must comply with all laws and regulations of the destination. Orders shipped outside of the United Arab Emirates, United States, United Kingdom, or Kenya may be subject to import taxes, customs duties and fees levied by the destination country. The recipient of an international shipment may be subject to such import taxes, customs duties and fees, which are levied once a shipment reaches the recipient's country. Additional charges for customs clearance must be fulfilled by the recipient; Whizz LLC has no control over these charges, nor can Whizz LLC predict what they may be.
Customs policies vary widely; you should contact your local customs office for more information. When customs clearance procedures are required, it can cause delays beyond our original delivery estimates.