IMPORTANT: Please read these Payment Terms andConditions carefully before completing your purchase. By clicking "PayNow," "Submit Payment," you acknowledge that you have read,understood, and agree to be bound by these terms. If you do not agree with anypart of these terms, please do not proceed with your payment.
These PaymentTerms and Conditions ("Terms") constitute a legally bindingagreement between you ("Buyer," "you," or"your") and LIV Advertising LLC ("Seller,""we," "us," or "our"). Byinitiating a payment transaction through CC Avenue, you confirm that you are atleast 18 years of age (or the age of legal majority in your jurisdiction), havethe legal capacity to enter into binding contracts, and accept these Terms intheir entirety.
All payments forgoods and services purchased shall be processed exclusively through ourdesignated third-party payment gateway provider (the "Payment Provider").We do not directly collect, store, or process your payment card information onour servers.
Accepted Payment Methods: We accept thefollowing forms of payment through our Payment Provider:
· Major creditcards (Visa, Mastercard, American Express, Discover)
· Debit cards withVisa or Mastercard logo
· Digital wallets(Apple Pay, Google Pay, PayPal) where available
· Bank transfers(where applicable)
By making apurchase, Buyer agrees to be bound by the terms, conditions, and policies ofthe Payment Provider in addition to these Terms. Buyer is responsible forreviewing and accepting the Payment Provider's terms of service beforecompleting any transaction.
YOU ACKNOWLEDGE AND AGREE THAT YOU BEAR FULL ANDSOLE RESPONSIBILITY FOR ALL ASPECTS OF THE PAYMENT PROCESS. Thisresponsibility includes, but is not limited to, the following:
Accuracy of Information: Buyer shallensure that all payment information submitted through the Payment Provider isaccurate, complete, and current, including but not limited to: cardholder name,card number, expiration date, CVV/security code, billing address, and any otherrequired information.
Sufficient Funds: Buyer shall maintainsufficient funds or available credit in the designated payment account tocomplete all transactions. Buyer understands that insufficient funds may resultin declined transactions, additional fees from Buyer's financial institution, anddelays in order processing.
Account Security: Buyer shall safeguard allaccount credentials, passwords, PINs, and authentication information associatedwith Buyer's payment account. Buyer shall not share login credentials orpayment information with any third party. Buyer is solely responsible for alltransactions made using Buyer's credentials, whether or not authorized byBuyer.
Legal Compliance: Buyer shall comply withall applicable laws, regulations, and payment network rules in connection witheach transaction, including anti-money laundering regulations and exportcontrol laws.
Device and Connection Security: Buyer isresponsible for ensuring that any device used to make payments is secure, freefrom malware, and connected to a secure network. Seller shall not be liable forany security breaches resulting from Buyer's compromised devices or insecurenetwork connections.
Any fees,charges, currency conversion costs, or other expenses imposed by the PaymentProvider, Buyer's financial institution, or any intermediary in connection witha transaction shall be borne solely by Buyer. Seller shall have no obligationto reimburse, offset, or otherwise compensate Buyer for any such fees orcharges.
Authorization: By submitting paymentthrough the Payment Provider (by clicking "Pay Now," "CompletePurchase," "Submit Order," or similar), Buyer expresslyauthorizes the Payment Provider to charge Buyer's designated payment method forthe full purchase amount, including any applicable taxes, shipping costs,handling fees, and service charges. This authorization shall remain in effectuntil the transaction is completed or cancelled in accordance with these Terms.
Processing Time: Payment processingtypically occurs immediately upon submission. However, Buyer acknowledges thatprocessing times may vary depending on the payment method selected, the PaymentProvider's systems, and Buyer's financial institution. Seller is not responsiblefor delays in payment processing caused by third parties.
Currency: All prices are displayedin United Arab Emirate Dirhams. If Buyer's payment method is denominated in adifferent currency, the Payment Provider or Buyer's financial institution willconvert the transaction amount at the prevailing exchange rate. Buyer is solelyresponsible for any exchange rate differences and currency conversion fees.
Order Confirmation: Upon successful paymentprocessing, Buyer will receive an order confirmation email at the email addressprovided during checkout. This confirmation serves as proof of transaction. Buyer is responsiblefor ensuring that a valid email address is provided and for checking spam/junkfolders for confirmation emails.
In the eventthat a payment is declined, reversed, or otherwise fails to processsuccessfully, Buyer shall remain liable for the full purchase amount if goodsor services have been provided or dispatched.
Possible Reasons for Declined Payments:
· Insufficientfunds or credit limit exceeded
· Incorrectpayment information entered
· Expired paymentcard
· Transactionflagged by fraud detection systems
· Technical issueswith the Payment Provider or Buyer's financial institution
· Card issuerrestrictions or holds
Consequences of Failed Payments: Seller reservesthe right to suspend or cancel any order for which payment has not beensuccessfully received. Buyer shall be responsible for any fees, penalties, orcharges arising from failed or reversed payments, including but not limited tobank charges, overdraft fees, and administrative fees.
Retry Attempts: Buyer may attempt toresubmit payment using the same or a different payment method. Seller reservesthe right to limit the number of payment retry attempts. Repeated failedpayment attempts may result in temporary suspension of Buyer's account orrestriction from making future purchases.
All paymentsmade by Buyer to Seller for goods and services purchased through the PaymentProvider are final and non-refundable. Buyer acknowledges and agrees that oncea payment transaction has been successfully processed and confirmed, Sellershall have no obligation to provide any refund, credit, rebate, orreimbursement of any kind, in whole or in part, for any reason whatsoever. Thisno-refund policy applies regardless of whether Buyer has used, accessed, orbenefited from the goods or services purchased.
Buyer expresslywaives any right to initiate, request, or pursue a chargeback, paymentreversal, or dispute with the Payment Provider, Buyer's financial institution,or any payment network in connection with any transaction completed under theseTerms. In the event that Buyer initiates a chargeback, payment reversal, ordispute in violation of this provision, Buyer shall remain liable to Seller forthe full purchase amount, together with any fees, costs, penalties, oradministrative charges assessed against Seller as a result of such chargebackor dispute. Seller reserves the right to pursue collection of any amounts owed,suspend or terminate Buyer's account, and restrict Buyer from making futurepurchases.
Buyer furtheracknowledges that this no-refund and no-chargeback policy has been clearlydisclosed prior to the completion of any payment, and by proceeding withpayment, Buyer confirms acceptance of this policy as a material term of thetransaction.
Buyer agrees tocontact Seller directly to resolve any disputes regarding purchases beforeinitiating a chargeback or dispute with the Payment Provider or Buyer'sfinancial institution. In the event of a chargeback or payment disputeinitiated by Buyer, Buyer shall be responsible for any fees, costs, orpenalties assessed against Seller as a result of such chargeback or dispute.Seller reserves the right to suspend Buyer's account and pursue collection ofany amounts owed in the event of a chargeback.
Buyeracknowledges and agrees that the Payment Provider engaged to process anypayments under these Terms operates solely as an independent third party and isnot, under any circumstances, an agent, employee, partner, fiduciary, orrepresentative of Seller. Buyer further understands that the Payment Provideris exclusively responsible for the provision, management, and security of itsown payment-processing systems, platforms, and related services.
Seller makes norepresentations, warranties, guarantees, or assurances (express or implied) regardingthe Payment Provider’s technology, security protocols, compliance practices,availability, accuracy, reliability, or overall performance. Buyer assumes allrisks associated with the use of the Payment Provider’s services.
Buyer agreesthat Seller shall have no liability whatsoever for any damages, losses,penalties, fees, disruptions, or claims of any kind arising out of or relatedto the acts, omissions, errors, negligence, misconduct, or system failures ofthe Payment Provider. This includes, without limitation, issues such as serviceinterruptions, system outages, data breaches, unauthorized access, processingdelays, failed or incomplete transactions, duplicate charges, or any otherpayment-processing irregularities.
Buyer furtheragrees that any disputes, claims, or inquiries relating to payment processingshall be directed solely to the Payment Provider, and Buyer shall not seekrecourse from Seller for matters outside Seller’s control.
Payment Provider Data Collection: Buyeracknowledges that the Payment Provider may collect, store, and process Buyer'spersonal and financial information in accordance with the Payment Provider'sprivacy policy. This may include: name, billing address, email address, phonenumber, payment card details, device information, IP address, and transactionhistory.
Information Sharing: Buyer consents to thesharing of transaction information between Seller and the Payment Provider asnecessary to complete purchases, verify transactions, prevent fraud, andresolve disputes. Seller may also share information with third parties asrequired by law or to protect our legal rights.
Security Measures: While we employindustry-standard security measures (including SSL encryption and secureservers), Buyer acknowledges that no method of electronic transmission orstorage is 100% secure. Buyer agrees to take reasonable precautions to protectpersonal and payment information, including using secure passwords, keepingsoftware updated, and avoiding public Wi-Fi networks when making payments.
Privacy Policy: Buyer's personalinformation collected by Seller will be handled in accordance with our PrivacyPolicy available at https://www.omniyat.com/privacy. Buyer issolely responsible for reviewing and understanding both Seller's Privacy Policyand the Payment Provider's privacy practices before making a purchase.
Data Breach Notification: In the event ofa data breach affecting Buyer's payment information, Seller will notifyaffected Buyers in accordance with applicable law. However, Seller shall not beliable for breaches occurring within the Payment Provider's systems.
Buyer agrees toindemnify, defend, and hold harmless Seller, Omniyat and its officers,directors, employees, agents, representatives and affiliates from and againstany and all claims, damages, losses, liabilities, costs, and expenses(including reasonable legal fees) arising out of or related to Buyer's use ofthe Payment Provider, Buyer's breach of these Terms, or Buyer's violation ofany applicable law or third-party rights.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW,SELLER, OMNIYAT, ITS AFFILATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS ANDREPRESENTATIVES SHALL NOT BE LIABLE FORANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISINGOUT OF OR RELATED TO THE PAYMENT PROCESS OR THE SERVICES PROVIDED BY THEPAYMENT PROVIDER, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE ORWHETHER SELLER, OMNIYAT, ITS AFFILATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTSAND REPRESENTATIVES WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
This limitationincludes, but is not limited to, damages for: lost profits, lost revenue, lossof data, loss of goodwill, business interruption, personal injury, or any othercommercial or economic losses.
Maximum Liability: In no event shall Seller'stotal liability to Buyer for all claims arising out of or related to theseTerms exceed the amount paid by Buyer for the specific transaction giving riseto the claim.
No Warranty: Seller makes nowarranties, express or implied, regarding the Payment Provider's services,including but not limited to warranties of merchantability, fitness for aparticular purpose, or non-infringement.
Force Majeure: Seller shall not be liablefor any failure or delay in performance resulting from circumstances beyondSeller's reasonable control, including but not limited to: acts of God, naturaldisasters, war, terrorism, riots, government actions, power outages, internetservice failures, or Payment Provider system failures.
Seller reservesthe right to modify these Terms at any time. Any changes will be effective uponposting of the revised terms. Buyer's continued use of the payment servicesfollowing such posting constitutes acceptance of the modified terms.
Governing Law: These Terms shall begoverned by and construed in accordance with the laws of England, withoutregard to its conflict of law principles.
Dispute Resolution: Any dispute arising from or in relation to matters set out in thisAgreement shall be settled by arbitration in accordance with the provisions setforth under the DIAC Arbitration Rules 2007 and it is expressly agreed that nosuccessor rules shall apply (the “Rules”), by one arbitrator appointedin compliance with the Rules. The arbitrator shall be an English qualifiedlawyer. The seat of arbitration shall be Dubai (excluding DIFC) and hearingswill be held in Dubai. The language of the arbitration shall be English.
Severability: If any provision of theseTerms is found to be invalid, illegal, or unenforceable, the remainingprovisions shall continue in full force and effect.
Entire Agreement: These Terms, together withour Privacy Policy, constitute the entire agreement between Buyer and Sellerregarding the subject matter hereof and supersede all prior agreements andunderstandings.
BY PROCEEDING WITH YOUR PAYMENT, YOU ACKNOWLEDGETHAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE PAYMENT TERMSAND CONDITIONS.
