Terms of service

TERMS & CONDITIONS

1. INTRODUCTION       
   

   
   Welcome to sa.plixlife.com (“Website”), which is owned and operated by Stelcore Retail LLC[●] or its affiliates (collectively, “Company”, “We”, “Us” or “Our”). The Company develops, markets and sells personal care products under its own brand, ‘Plix The Plant Fix[●]’ (“Products”) via the Website (including mobile versions of the Website, mobile and/or web applications, email exchanges, and/or other online services), various social networking platforms and other online channels and retailers owned and/or managed by Company (collectively, the “Platform”) to market Products in KSA and other jurisdictions.

2. SCOPE       
   

   
   These terms and conditions (“Terms and Conditions”) apply to all users of the Platform, including without limitation users who are browsing the Website and/or visiting the Platform, vendors, customers, merchants, and/ or contributors of content. The Terms and Conditions govern the Platform, all information and any other services offered through the Platform to the extent not covered by a more specific agreement signed by the parties.

   These Terms and Conditions along with the privacy policy of the Company as available on the Platform (“Privacy Policy”) and other terms and conditions as may be applicable to users / visitors of the Platform (“User”, “You”, “Your” or “Yourself”), govern Your visit and use of the Platform, sale of Products on the Platform and any other services offered through the Platform (“Services”) by the Company.

   If You are: (a) a resident of the Kingdom of Saudi Arabia and under the age of 18 (eighteen); or (b) a resident of any other country and are considered to be of any age determined for use of internet services but are less than the contractual age determined by the applicable laws of such country (in each case, hereinafter referred to as a “minor”), You and Your parent or legal guardian should review these Terms and Conditions to make sure that You and Your parent or legal guardian understands and agrees to it, and by using the Platform, You confirm to us that Your use of the Platform is with the permission of Your parent or legal guardian, and further, if required, You and Your parent or legal guardian shall perform or undertake such activities which will entitle You to enter into a legally binding and enforceable agreement with the Company in accordance with these Terms and Conditions. You are prohibited from purchasing any Product or any materials which is for adult consumption the sale or purchase of which to/by minors are strictly prohibited. By accepting these Terms and Conditions on Your behalf, Your parent or legal guardian hereby represent and warrant that they are not less than 21 (twenty-one) years of age.

   If You are not a minor, by using the Platform or accepting these Terms and Conditions, You represent and warrant to the Company that You are not less than 18 (eighteen) years of age, and that You have the right, authority, and capacity to use the Platform and agree to and abide by these Terms and Conditions. If You represent a company, partnership firm, LLP or any other corporate entity, You shall be eligible to access and use the Platform to conduct the transactions on its behalf only if You have been duly authorized by way of necessary corporate action, as may be prescribed statutorily and/or under the charter documents of such entity. If You are dealing in Products and/ or availing the Services on behalf of an organisation or any legal entity as admin user (“Admin User”), You represent and warrant that You have the actual and valid authority to agree to these Terms and Conditions on behalf of such organisation and/or legal entity.
   
   If You are accessing, browsing, and using the Platform on someone else’s behalf; You represent that You have the authority to bind that person to all the Terms and Conditions herein. In the event You refuse to be bound by the Terms and Conditions, You agree to accept liability for any harm caused to You by any wrongful use of the Platform resulting from such access or use of the Platform in whatsoever nature.

   Those who choose to access the Platform from outside the Kingdom of Saudi Arabia are responsible for compliance with local laws if and to the extent local laws are applicable. The Company will deliver the Products only within its jurisdiction and will not be liable for any claims relating to any Products ordered from outside its jurisdiction. Except where additional terms and conditions are provided which are Product specific, these Terms and Conditions supersede all previous representations, understandings, or agreements and shall prevail notwithstanding any variance with any other terms of any order submitted.

   These Terms and Conditions are an electronic record in the form of an electronic contract formed under the rules and any other applicable statutes, as amended from time to time in the Kingdom of Saudi Arabia. These Terms and Conditions does not require any physical, electronic or digital signature.

   Please read these Terms and Conditions and Privacy Policy (as updated on the Platform from time to time) carefully. By accessing and utilising the Platform, You indicate, agree and acknowledge that You understand and consent to these Terms and Conditions, Our Privacy Policy and other terms and conditions of the Platform (including with respect to shipping & returns) (hereinafter collectively referred to as the “User Agreement”), and to the collection and use of information in accordance with the User Agreement.

   Your use of the Platform on behalf of Your organization shall also be governed by the User Agreement.

   If You do not agree with (or cannot comply with) the User Agreement, then You may not use the Platform, but please let Us know by emailing at sa.plixlife.com so can try to find a solution. These Terms and Conditions apply to all visitors, Users and others who wish to access or use the Platform or avail any Services.

   In order to register to the Platform, You will need to provide Us with certain information. Your registration to the Platform may not be accepted if You do not provide Us with the required information. We reserve the right to decline any registration without further explanation. We reserve the right to undertake such checks as are necessary to verify Your identity.

   Once You have successfully completed registration, Your registration shall continue for an indefinite period, subject to suspension or termination in accordance with point 27 of these Terms and Conditions.
   
   IMPORTANT: THESE TERMS AND CONDITIONS CONTAINS A MANDATORY ARBITRATION PROVISION. BY AGREEING TO THESE TERMS AND CONDITIONS, YOU ACCEPT THAT YOU MUST RESOLVE ANY CLAIM THAT YOU MAY HAVE AGAINST THE COMPANY ON AN INDIVIDUAL BASIS IN ARBITRATION, AS DESCRIBED IN MORE DETAIL BELOW IN THE DISPUTE RESOLUTION SECTION. THIS WILL PRECLUDE YOU FROM BRINGING ANY CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION AGAINST THE COMPANY. IT ALSO WILL PRECLUDE YOU FROM PARTICIPATING IN, OR RECOVERING RELIEF UNDER, ANY CURRENT OR FUTURE CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION BROUGHT AGAINST THE COMPANY BY SOMEONE ELSE.
   

3. CHANGES TO TERMS AND CONDITIONS
   
   

   We reserve the right to amend and/or modify these Terms and Conditions at any time by posting the amended terms (“Revised Terms”) on the Platform. Any change or modification to these Terms and Conditions shall be effective immediately from the date of upload of such Revised Terms on the Platform. It is Your responsibility to review these Terms and Conditions periodically. Your continued use of the Platform following the posting of Revised Terms shall imply Your acknowledgement and agreement with the Revised Terms, which shall be binding on You. If You do not agree to the Revised Terms, You are no longer authorized to use the Platform and the Services.

4. PRODUCTS
   
   

   The Platform offers Products for sale and Services. The Products shall include trial products and the products offered free of cost. By placing an order through the Platform, You agree to the User Agreement set forth herein. The Products described on the Platform, and any samples thereof, that We may provide to You, are for personal use only. You shall not sell or resell any of the Products, or samples thereof You receive from Us unless agreed otherwise. We reserve the right, with or without notice, to cancel or reduce the quantity of any Products to be provided to You that We believe, in our sole discretion, may result in the violation of Our Terms and Conditions and/or applicable law.

   The Company may change, suspend, or discontinue the availability of any of the Products at any time, without any notice or liability. You acknowledge that the price payable in connection with the Products or any of the Services, may be subject to change, without notice or liability.

5. PURCHASES, RETURN AND EXCHANGES
   
   

   You may request the return of a Product purchased on the Platform and claim a refund in accordance with the Company’s refund policy in the following circumstances: (a) within 7 (seven) days of the receipt of a Product in the event that the received Product is damaged, deficient, expired or materially differs from the Product description on the Platform; and/or (b) within 90 (ninety) days of the receipt of a Product if You are not satisfied with the Product after its continuous use in accordance with descriptions and recommendations as to use of Products provided on the Platform and/or accompanying the Products. The time period of 7 (seven) days or 90 (ninety) days as provided for herein is referred to (as the case may be) as the “Return Period”.

   After the Return Period has expired, all sales are final, and We will not accept returns or issue refunds. We may limit the sales of Our Products to any person, geographic region or jurisdiction, and limit the quantities of any Products that We offer. We will exercise this right in Our sole discretion on a case-by-case basis.

   We shall not be liable to You or to any third party for any modification, price change, suspension or discontinuance of any Product or Service. An offer for any Product or Service made on this Website is void where prohibited.

   In offering Product descriptions on the Services, We attempt to be accurate, but We do not warrant that any product description is accurate, complete, or error-free, nor do We represent that any Product will diagnose, treat, cure, or prevent any disease. If You receive a Product and believe that it materially differs from the Product description, Your sole remedy will be to return the Product to Us for a refund in conformance with the return policy of the Company. Likewise, We attempt to list the current price for each Product that We sell, but a small number of Products may be mispriced. In these cases, We will notify You before shipping the Product of the corrected price and will either cancel Your order or give You an opportunity to cancel Your order or decide to keep Your order.

   All Products must be pre-approved for return by emailing Us at ksacare@plixlife.comstating the reason for wanting to return the Product along with pictures/ video as applicable. In simple terms, if You simply return a Product without contacting Us, We cannot facilitate a corresponding return.

   Users are responsible for paying the costs (including but not limited to shipping costs) for returning the Products to the Company. The refund will be calculated in  the following manner:

   Refund = (Total order value of User) - (shipping and handling charges) - (20 % * re-stocking fee)

   After processing the returns, refunds may take up to 5-10 (five to ten) business days to reflect it in the User's account. Any and all shipping costs borne by the User are non-refundable and for Products damaged in transit or due to an error in Your shipment, please email Us within 7 (seven) days of receiving Your order at ksacare@plixlife.com to alert Us of the damage along with a picture of the damaged Product. We will ship out a replacement, if available as per the terms of replacement policy. If a replacement is not available, We will refund the full purchase price of Your item.

   Please note the below before applying for a return, the Company limits returns to up to 2 (two) unique items per User and the Company reserves the right to accept or reject a return request at its sole discretion.

   If You have used promotional offers on Your order, then We cannot accept returns on Your order. Exchanges will only be allowed in that case.

   
   
6. USER ACCOUNTS
   
   

   To purchase any Products or Services, You must: (a) be at least 18 (eighteen) years of age, (b) provide Us with current, complete and valid payment information associated with a credit card or other payment method that You are authorized to use, and (c) authorize Us to charge Your credit card or other payment method for the price of the Products or Services that You request, together with any taxes, fees, or shipping charges described on the Services.

   You also agree to promptly update Your account and other information, including Your email address and credit card or other payment method and associated expiration dates, so that We can complete Your transactions and contact You as needed (“User Account”).

   You agree, understand and confirm that the credit card details provided by You for availing of Services on the Platform will be correct and accurate and You shall not use the credit card, which is not lawfully owned by You, i.e. in a credit card transaction, You must use Your own credit card. You further agree and undertake to provide the correct and valid credit card details to the Company. The Company will not be liable for any credit card fraud. The liability for use of a card fraudulently will be on You and the onus to ‘prove otherwise’ shall be exclusively on You.

   You will cooperate with Our requests for additional information for the purposes of determining Your eligibility and usage of Our Services.

   In case the Products needs to be purchased/ Services needs to be availed by a person who does not fulfil the age requirements mentioned above (as may be revised as per applicable laws from time to time) and is desirous of registering on the Platform i.e., if a User is a minor/child, then the account must be created by the parents or legal guardian who qualifies the age requirements and has agreed to these Terms and Conditions, and the Users may use the Platform with the consent of, and under the supervision of, their parent or legal guardian.

   You agree to: (a) provide true, accurate, current and complete information about Yourself as prompted by the sign-up process; (b) maintain and promptly update the information provided during sign up to keep it true, accurate, current, and complete; and (c) that the information provided, in any manner whatsoever, is not confidential or proprietary and does not infringe any rights of a third party in whatsoever nature. If You provide any information that is untrue, inaccurate, outdated, or incomplete, or if the Company has reasonable grounds to suspect that such information is untrue, inaccurate, outdated, or incomplete, the Company may terminate Your User Account and refuse current or future use of the Platform.

   You are responsible for maintaining the confidentiality of Your account and/or password, including but not limited to the restriction of access to Your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under Your account and/or password, whether Your password is with our Platform or a third-party platform. You must notify Us immediately upon becoming aware of any breach of security or unauthorized use of Your account. If We found a breach or suspected breach of the security of Your User Account, We may require You to change Your password, temporarily or permanently block or suspend Your User Account without any liability to the Company.

   You may not use a username, which is the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than You, without appropriate authorization. You may not use a username or any name that is offensive, vulgar or obscene or which cannot be used in accordance with applicable law.

   When You sign up for or use Our Products and Services, You may give Us permission to access Your information in other services. For example, You may link Your Facebook account, which allows Us to obtain information from those accounts (like Your full name and email). The information We get from those services often depends on Your settings or their privacy policies. We reserve the right to refuse access to the Platform, terminate accounts, remove or edit content, or cancel orders or refuse Services at Our sole discretion.

7. LICENSE TO ACCESS PLATFORM
   
   

   We grant You a limited license to access and make personal use of the Platform, but not to modify it, or any portion of it. This license does not include any resale or commercial use of the Platform or its contents; any derivative use of the Platform or its contents; any downloading or copying of account information for the benefit of another user, or any use of data mining, robots or similar data gathering and extraction tools.

   The Platform or any portion thereof (including but not limited to any copyrighted material, trademarks, or other proprietary information) may not be reproduced, duplicated, copied, sold, resold, visited, distributed or otherwise exploited for any commercial purpose without Our express written consent.

8. PERSONAL USE ONLY
   
   All orders of Our Products must be for personal use only. The resale of Our Products by or through any third-party owned or operated websites, online auction, third party online marketplace, store or digital platform is strictly prohibited. We reserve the right to reject or cancel any order, including but not limited to orders that, in Our sole judgment, appear to be placed by dealers, resellers or distributors, and if We have reason to believe that Your order is not for personal use.
   
   
9. NO PROFESSIONAL OR MEDICAL ADVICE
   
   

   The Services do not provide medical advice, diagnosis or treatment, and the information included on the Services is offered for general informational purposes only. Some portions of the Services may allow You to submit questions either to Us or to third parties who have agreed to communicate with Our Users. Although We provide information about Our Products through the Services, neither Our employees nor these third parties are authorized to provide medical or other professional advice through the Services. We also have not confirmed the qualifications of any third party who provides information through the Services, even if that third party lists his or her qualifications. As a result, You should never use the information You obtain on the Services for diagnosis or treatment of any health problem or in place of any medication or other treatment prescribed by a physician or other healthcare provider.

   PLEASE CONSULT WITH YOUR PHYSICIAN OR OTHER HEALTHCARE PROVIDER IF YOU HAVE HEALTH-RELATED QUESTIONS BEFORE USING ANY OF OUR PRODUCTS OR RELYING ON ANY INFORMATION YOU OBTAIN ON THE SERVICES. YOU SHOULD DISCUSS ANY MEDICATIONS OR NUTRITIONAL SUPPLEMENTS YOU ARE USING WITH A HEALTHCARE PROVIDER BEFORE USING ANY NEW MEDICATIONS OR SUPPLEMENTS. THE STATEMENTS ON THE PRODUCTS HAVE NOT BEEN EVALUATED BY THE FOOD AND DRUG ADMINISTRATION. OUR PRODUCTS ARE NOT INTENDED TO DIAGNOSE, TREAT, CURE OR PREVENT ANY DISEASE. IF YOU ARE PREGNANT, NURSING, TAKING MEDICATION, OR HAVE A HISTORY OF HEART CONDITIONS, WE SUGGEST THAT YOU SHOULD CONSULT WITH A PHYSICIAN BEFORE USING ANY OF OUR PRODUCTS.PROHIBITED USES

   You are prohibited from using the Website or its content (a) for any unlawful or unauthorized purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate Our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit worms, viruses or any other type of destructive or malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate Your use of Our Products, the Services or any related website for violating any of the prohibited uses.

10. COMMUNICATIONS
    
    

    When You use the Platform or send emails or other data, information or communication to the Platform You agree and understand that You are communicating with the Company through electronic modes and other telecommunication modes and by using the Platform, You agree to subscribe to newsletters, marketing or promotional materials and other information We may send via any and all electronic, digital and other telecommunication modes. However, You may opt out of receiving any, or all, of these communications from Us by following the unsubscribe link or by emailing Us at ksacare@plixlife.com.

    The Company may, based on any form of access to the Platform or services or registrations through any source whatsoever, contact the User through Platform, WhatsApp, SMS, email, and call, to give information about its Products/ Services as well as notifications on various important updates, account set-up, order confirmation, delivery information, tracking of courier, promotions, etc. The User expressly grants such permission to contact him/her/it through Platform, telephone, WhatsApp, SMS, e-mail and holds the Company indemnified against any liabilities including financial penalties, damages, expenses in case the User’s mobile number is registered with Do not Call (DNC) database or the User’s mobile number is not reachable after multiple efforts of failed calling by the Company. By registering Yourself, You agree to make Your contact details available to Our employees, associates and partners so that You may be contacted for account set-up, order confirmation, delivery information, tracking of courier, promotions, etc. through telephone, WhatsApp, SMS, email, etc.

11. PAYMENT
    
    

    The Payments for the Products/ Services available on the Platform may be made in the following ways:

    Payments can be made by Credit Cards, Debit Cards, Net Banking, Wallets, QR, PayPal and reward points

    The Company may enable payments via a third-party payment processor (the “Payment Processor”) to bill You through a payment account linked to Your account for the Products/ Services (Your “Billing Account”). The processing of payments will be subject to the terms, conditions and privacy policy of the Payment Processor in addition to these Terms and Conditions. We are not responsible for errors by the Payment Processor. By choosing to use the Platform to buy Products/ Services, You agree to pay Us, through the Payment Processor, all charges at the prices then in effect for any use of such Product/ Services in accordance with the applicable payment terms and You authorize Us, through the Payment Processor, to charge Your chosen payment provider (Your “Payment Method”). You agree to make payments using that selected Payment Method. Further, while availing any of the payment methods available on the Platform, the Company shall not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to You due to:
    

    • Lack of authorisation for any transaction;
    • Exceeding the pre-set limit mutually agreed by You and between the third-party bank;
    • Any payment issues arising out of the transaction;
    • Decline of transaction for any other reasons; or
    • The Company will not be responsible for any money collected by a third-party by impersonating any representative of the Company.
      
      

    The Company reserves the right to recover the cost of goods, collection charges and lawyers fees from persons using the Platform fraudulently. The Company reserves the right to initiate legal proceedings against such persons for fraudulent use of the Platform and any other unlawful acts or acts or omissions in breach of these Terms and Conditions.

12. CONTENT
    
    

    Our Platform allows You to post, link, store, share and otherwise make available certain information, text, graphics, audio, videos, or other material (“Content”). You are responsible for Content that You post on or through the Platform, including its legality, reliability, and appropriateness.

    By posting Content on or through the Platform, You represent and warrant that: (a) Content is Yours (You own it) and/or You have the right to use, distribute it and the right to grant Us the rights and license as provided in these Terms and Conditions, and (b) that the posting of Your Content on or through the Platform does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity.

    You shall not post, host, display, upload, modify, publish, transmit, store, update or share any Content or information on the Platform that:

    (a) post, list or upload in any manner any information which is blasphemous, defamatory, obscene, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever.

    (b) post, list or upload content or items in inappropriate or prohibited categories or areas on Our Website, including

    i. content or items that may be considered culturally or religiously offensive in any way

    ii. content or items which may not be considered to be in compliance with general local law, Islamic law, rules, morals, values, ethics and traditions

    iii. content or items that may threaten national security

    iv. content or items which may constitute or be considered to promote gambling

    v. securities, including shares, bonds, debentures, or any other financial instruments or assets of any description

    vi. living or dead creatures and/or the whole or any part of any animal which has been kept or preserved by any means whether artificial or natural

    vii. weapons of any description

    viii. liquor, tobacco products, drugs, psychotropic substances, narcotics, intoxicants of any description and medicines

    ix. items that to Your knowledge are defective, fake, damaged, false or misleading or that may through normal use harm another Website user’s interest or health

    x. non-transferable vouchers; and

    xi. chemicals.

    (c) post items You do not have a right to link to or include;

    (d) post counterfeit or stolen items;

    (e) breach or circumvent any laws, third party rights or Our systems, policies or determinations of Your account status

    (f) use Our Services if You no longer fulfil the eligibility criteria or are not able to form legally binding contracts, or are temporarily or indefinitely suspended from using Our Services;

    (g) fail to pay for items purchased by You, unless You have a valid reason as set out in any of Our policies

    (h) fail to deliver items sold by You (if applicable), unless You have a valid reason as set out in any of Our policies;

    (i) use contact information provided to You during the course of a transaction on the Platform to solicit additional sales offline or on another website;

    (j) manipulate the price of any item;

    (k) interfere with any other user’s listings;

    (l) take any action that may undermine the Platform’s feedback and ratings systems;

    (m) post false, inaccurate, misleading, deceptive, defamatory or similar content;

    (n) transfer Your account to another party without Our prior written consent;

    (o) distribute or post spam, unsolicited or bulk electronic communications or similar;

    (p) distribute viruses or any other technologies that may harm Our Services or the interests or property of other users;

    (q) infringe:

    (r) the copyright, trademark, patent, publicity, moral, database, and/or other intellectual property rights that belong to or are licensed to Us; or

    (s) any intellectual property rights that belong to third parties;

    (t) harvest or otherwise collect information about users without their consent; or

    (u) circumvent any technical measures we use to provide the Services.

    The Company is under no obligation to examine or verify any Content posted on the Platform by You, and the Company assumes no responsibility or liability relating to any such Content on the Platform; nor does the Company assumes or shall assume responsibility or liability for breach of any of Your obligation(s) under these Terms and Conditions. Notwithstanding the above, the Company has the right but not the obligation to monitor, edit, delete the Content provided by users and may decline to accept and/or remove any Content that contain any information inconsistent with these Terms and Conditions. Any Content uploaded by You shall be subject to the relevant laws and these Terms and Conditions and may be disabled, or and may be subject to investigation under appropriate laws. Furthermore, if You are found to be in non-compliance with the laws and regulations, these Terms and Conditions, or the User Agreement, the Company may terminate Your account/block Your access to the Platform or permanently disable User account and We reserve the right to remove any non-compliant Content uploaded by You and/or claim indemnity on account of such non-compliance. We reserve the right to terminate the account of anyone found to be infringing any intellectual property right of any other person or violating any applicable laws or these Terms and Conditions. Company reserves the rights mentioned herein above and may at its sole discretion determine that action of such User has resulted in breach of any other policy or Terms and Conditions. You specifically agree that the Company shall not be responsible for any unauthorized access to or alteration of Your transmissions or data, any material or data sent or received or not sent or received through the Platform. Further, under no circumstances, the Company shall be liable for any unlawful act of the User or its affiliates, relatives, employees, agents including but not limited to misuse of any data, unfair trade practices, fraud, cyber-squatting, hacking and other cyber-crimes.

    You retain any and all of Your rights to any Content You submit, post or display on or through the Platform and You are responsible for protecting those rights. We take no responsibility and assume no liability for Content You or any third-party posts on or through the Platform. However, by posting Content using the Platform You grant Us non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right and license to use, modify, publicly perform, publicly display, reproduce, distribute and re-distribute such Content on and through the Platform. You agree that this license includes the right for Us to make Your Content available to other users of the Platform, who may also use Your Content subject to these Terms and Conditions. You also acknowledge that owing to the manner in which the Platform is used, Your Content may be available to other Users on the Platform.

    In addition, any data, information, material and other content found on or through the Platform are the property of the Company or licensed to the Company. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said data, information, material or other content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from Us.

    You understand that the Company has the right at all times to disclose any information (including the identity of the User providing information or materials on the Platform) as necessary to satisfy any law, regulation or valid governmental request, or in response to any court order or summons. In addition, the Company can (and You hereby expressly authorize Us to) disclose any information about You to law enforcement or other government officials, as We, in Our sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury.

13. CHAT SUPPORT
    
    

    The chat support/facility has been provided to help You with any and all Platform related queries. Any use of the Platform shall be subject to the following conditions:

    (a) The Company may suspend the chat service at any time without notice;

    (b) The Company or its executives are not responsible for any delay caused in attending to or replying to the queries via chat;

    (c) Communication through chat may be stored by the Company for future reference, and the User of such service will not have the right to access such information at any future date;

    (d) While 'chatting', You may not communicate any objectionable information i.e., unlawful, threatening, abusive, defamatory, obscene information; and

    (e) The chat room shall not be used to sell any Products, to give suggestion on business opportunity or any other form of solicitation.

    You may proceed further and chat with Our online customer care executive only if You agree to the above Terms and Conditions.

14. USE OF THE PLATFORM
    
    

    You may use the Platform only for lawful purposes and in accordance with these Terms and Conditions. You hereby agree not to use the Platform:

    (a) In any way that violates any applicable national or international laws or regulations;

    (b) For the purpose of exploiting, harming, or attempting to exploit any person or harm minors in any way by exposing them to inappropriate content or otherwise;

    (c) To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter,” “spam,” or any other similar solicitation;

    (d) To impersonate or attempt to impersonate Company, a Company employee, another User, or any other person or entity;

    (e) In any way that infringes upon the rights of others, or in any way that is illegal, threatening, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity;

    (f) To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of Services, or which, as determined by Us, may harm or offend Company or users of the Services or expose them to any liability;

    (g) Disseminating any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material;

    (h) Transmitting material that encourages conduct that constitutes a criminal offence resulting in civil liability or otherwise breaches any relevant laws, regulations or code of practice;

    (i) Gaining unauthorized access to other computer systems;

    (j) Interfering with any other person’s use or enjoyment of the Website; or

    (k) Making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner.

     

    Additionally, You agree not to:

    (a)Use the Platform in any manner that could disable, overburden, damage, or impair the Platform or interfere with any other party’s use of the Platform, including their ability to engage in real time activities through the Platform;

    (b) Use any “deep-link”, “page-scrape”, “robot”, “spider”, or other automatic device, process, program or means to access the Platform and/or the Product/ Services for any purpose, including monitoring or copying any of the material on the Platform;

    (c) Use any manual process to monitor or copy any of the material from the Platform for any unauthorized purpose without Our prior written consent;

    (d) Use the Platform for any purpose that is unlawful or otherwise prohibited by these Terms and Conditions, or for any other activity which infringes the rights of the Company or others;

    (e) Use any device, software, or routine that interferes with the proper working of the Platform;

    (f) Introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful;

    (g) Attempt to gain unauthorized access to, interfere with, damage, or disrupt any part of the Platform, the server on which the Platform is stored, or any server, computer, or database connected to the Platform;

    (h) Attack the Platform via a denial-of-service attack or a distributed denial-of-service attack;

    (i) Take any action that may damage or falsify Company rating;

    (j) In any way decompile, reverse engineer, or disassemble any material or Content on the Platform; or

    (k) Otherwise attempt to interfere with the proper working of the Platform.
    

15. ANALYTICS
    
    

     Towards optimization of the offerings on the Platform, We may use third-party service providers to collect data and analyse Your use of Our Platform.

16. INTELLECTUAL PROPERTY RIGHTS
    
    

    The Platform and its original content (excluding Content provided by Users), proprietary rights and trade secrets in the Products, features and functionality, structure, expression, “look and feel”, all graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (“Company Data”) are and will remain the exclusive property of the Company and its licensors. The Platform is protected by copyright, trademark, and other applicable laws in the jurisdiction applicable to the operations of the Company. Our trademarks may not be used in connection with any Product or Services without the prior written consent of the Company. No trademark is granted in connection with the Products or the materials contained on the Platform. The access to the Platform does not authorize anyone to use any trademarks in any manner. The trademarks displayed on the Platform whether registered or unregistered, are the intellectual property of the Company.

    Except as expressly provided in these Terms and Conditions, no part of the Platform and no Company Data may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, website or other medium for publication or distribution or for any commercial use, without the Company’s express prior written consent. Company Data on the Platform is solely for Your personal, limited and non-exclusive use. Use of the Company Data on any other website or networked computer environment or use of the Company Data for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks, and other proprietary rights, and is prohibited.

17. COPYRIGHT POLICY
    
    We respect the intellectual property rights of others and expect Our Users to do the same. The Company may terminate in appropriate circumstances the accounts of Users who infringe or are believed to be infringing the rights of copyright holders.
    
    
18. PRIVACY
    
    The Company believes strongly in protecting User privacy and providing You with notice of the Company’s use of data. Please refer to the Company Privacy Policy, incorporated by reference herein, that is uploaded on the Platform.
    
    
19. ERROR REPORTING AND FEEDBACK
    
    You may provide Us either directly at ksacare@plixlife.com or via third-party websites and tools with information and feedback concerning errors, suggestions for improvements, ideas, problems, complaints, any unlawful material or activity on the Website, any material or activity that breached the Terms and Conditions and other matters related to the Platform (“Feedback”). You acknowledge and agree that: (a) You shall not retain, acquire or assert any intellectual property right or other right, title or interest in or to the Feedback; (b) Company may have development ideas similar to the Feedback; (c) Feedback shall not contain confidential information or proprietary information from You or any third party; and (d) Company is not under any obligation of confidentiality with respect to the Feedback. In the event the transfer of the ownership to the Feedback is not possible due to applicable mandatory laws. You grant Company and its affiliates an exclusive, transferable, irrevocable, free-of-charge, sub-licensable, unlimited and perpetual right to use (including copy, modify, create derivative works, publish, distribute and commercialize) Feedback in any manner and for any purpose.
    
    
20. LINKS TO OTHER WEBSITES
    
    

    Our Platform uses third party application program interfaces and may contain links to third party websites or services that are not owned or controlled by the Company. The Company has no control over, and assumes no responsibility for the Content, Privacy Policy, or practices of any third-party websites or services. We do not warrant the offerings of any of these entities / individuals or their websites.

    You acknowledge and agree that Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third-party websites or services. We strongly advise You to read Terms and Conditions and Privacy Policy of any third-party websites or services that You visit.

21. COPYRIGHT INFRINGEMENT NOTICE
    
    If You believe Our intellectual property, Products, Services (or any portion of them) infringes Your copyright, please provide a physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive copyright that has allegedly been infringed; a description of the copyrighted work that You believe has been infringed; the location of this allegedly infringing material; Your address, telephone number and email address and any other pertinent information sufficient to allow the Company to contact You; a statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and a statement by You, made under penalty of perjury, that the above information in Your notice is accurate and that You are the copyright owner or are authorized to act on the copyright owner’s behalf. Notices of claimed copyright infringement should be directed to the company by email to ksacare@plixlife.com(with “notice of infringement” in the subject line).
    
    
22. WARRANTIES, REPRESENTATIONS AND UNDERTAKINGS
    
    

    You warrant, represent and undertake that:

    (a) You shall fully comply and will at all times continue to fully comply with all applicable laws, statutes and regulations, including, without limitation, all privacy laws and content regulation;

    (b) You have full power and authority to enter into these Terms and Conditions and the execution and performance of Your obligations under these Terms and Conditions does not conflict with:

     i. any laws, rules, regulations or governmental guidelines to which You are subject to; and

    ii. any other agreements to which You are a party to or to which You are otherwise bound by;

    (c) If You create or use an account on behalf of a business entity, You represent that You are authorised to act on behalf of such business and bind the business to these Terms and Conditions. Such account is deemed to be owned and controlled by the business entity;

    (d) You own or have the authority to grant the rights and licences granted to us by You under these Terms and Conditions; and

    (e) any content You submit as part of Your use of the Services and any Products that You list do not violate the rights of any third party anywhere in the world including, without limitation, any intellectual property rights (whether registered or not).

23. DISCLAIMER OF WARRANTIES 
    
    

    THE PLATFORM AND THE COMPANY DATA ARE PROVIDED BY THE COMPANY ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE PLATFORM, OR THE INFORMATION, CONTENT OR MATERIALS INCLUDED THEREIN. YOU EXPRESSLY AGREE THAT YOUR USE OF THE PLATFORM, THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED FROM US IS AT YOUR SOLE RISK.

    NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE PRODUCT/ SERVICES ON THE PLATFORM OR ITS CONTENT. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE PLATFORM, THEIR CONTENT, OR ANY PRODUCT OR SERVICES OBTAINED THROUGH THE PLATFORM WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THEY ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE PLATFORM OR ANY PRODUCTS/ SERVICES OBTAINED THROUGH THE PLATFORM WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

    THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE. THE COMPANY WILL NOT BE LIABLE FOR ANY LOSSES, DAMAGES OR CLAIMS BY YOU OR ANY THIRD-PARTY IN THIS REGARD. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

24. LIMITATION OF LIABILITY
    
    YOU AGREE AND ACKNOWLEDGE THAT THE COMPANY AND ITS AFFILIATES, PARTNERS, OFFICERS, DIRECTORS, AGENTS, CONTRACTORS, LICENSORS, SERVICE PROVIDERS, SUBCONTRACTORS, SUPPLIERS, INTERNS AND EMPLOYEES SHALL NOT BE RESPONSIBLE FOR ANY CLAIM RELATED IN ANY WAY TO YOUR USE OF THE PRODUCTS OR SERVICES, OR ANY DAMAGES (INCLUDING BUT NOT LIMITED TO LOST PROFITS, REVENUE OR DATA, REPLACEMENT COSTS, DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES) WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE THAT MAY RESULT FROM THE PRODUCTS OR SERVICES. THE LIMITATIONS IN THIS SECTION APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. YOU AGREE THAT NO CLAIMS OR ACTION ARISING OUT OF, OR RELATED TO, THE USE OF THE PLATFORM OR THESE TERMS AND CONDITIONS MAY BE BROUGHT BY YOU LATER THAN 1 (ONE) YEAR AFTER THE CAUSE OF ACTION RELATING TO SUCH CLAIM OR ACTION AROSE.
    
    
25. INDEMNIFICATION
    
    You agree to indemnify, defend and hold harmless the Company and its affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Your acts, omissions, breach of these Terms and Conditions (including any documents incorporated by reference) or Your violation of any law or the rights of a third party.
    
    
26. TERMINATION
    
    

    We may terminate or suspend Your account and bar access to the Platform, without prior notice or liability, if We reasonably believe, under Our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of these Terms and Conditions or any other agreement.

    Following termination, You will not be permitted to use the Platform and the Company may, in its sole discretion and without advance notice to You, cancel any outstanding orders for Products/ Services. If Your access to the Platform is terminated, the Company reserves the right to exercise whatever means it deems necessary to prevent the unauthorized access of the Platform. All provisions of these Terms and Conditions which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability and until the Company chooses, in its sole discretion and without advance notice to You, to terminate it. Notwithstanding the foregoing, if You breach these Terms and Conditions or Privacy Policy or other rules and policies, the Company reserves the right to recover any amounts due and owing by You or to take strict legal action including but not limited to a referral to the appropriate police or other authorities for initiating criminal or other proceedings against You.

    Upon termination for any reason of the Terms and Conditions by either You or Company, You must promptly destroy all materials downloaded or otherwise obtained from the Platform, as well as all copies of such materials, whether made under the User Agreement or otherwise. Any such termination of these Terms and Conditions shall not cancel Your obligation to pay for the Product already ordered from the Platform or affect any liability that may have arisen under these Terms and Conditions.

27. DISPUTE RESOLUTION AND ARBITRATION AGREEMENT
    
    

    Any dispute or claim arising out of or relating in any way to the Website, these Terms and Conditions, the Products or the Services will be resolved exclusively by final and binding arbitration, rather than in court, except that You may assert claims in small claims court if Your claims qualify. Also, this arbitration agreement will not preclude any action for injunctive relief in aid of arbitration. This arbitration agreement applies to any dispute or claim between the parties and/or their parents, subsidiaries, employees, agents, officers, or owners (who shall be third-party beneficiaries of this provision). The applicable laws of Kingdom of Saudi Arabia shall apply to this arbitration agreement.

    By agreeing to this arbitration agreement, you are giving up Your right to go to court, including Your right to a jury trial. The arbitration will be conducted by a neutral arbitrator, rather than by a judge or jury. The arbitrator can only award on an individual basis and must rely on these Terms and Conditions. The arbitration will be administered by the rules of the Dubai International Arbitration Centre ("DIAC"). If the parties to the arbitration fail to nominate a sole arbitrator within 30 (thirty) 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 DIAC), the sole arbitrator shall be appointed by the DIAC. The seat or legal place of the arbitration shall be DIAC.

    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 the Company to seek interim relief at any time from any court of competent jurisdiction (whether or not an arbitrator has been appointed) and the Company shall not be deemed to have breached this arbitration agreement or infringed the powers of the arbitrator for having done so.

    We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. You do not have the right to act as a class representative or participate as a member of a class of claimants with respect to any claim submitted to arbitration. The arbitrator may not consolidate more than 1 (one) person's claims against a party and may not preside over any kind of representative or class proceeding. You acknowledge that this class action waiver is material and essential to the arbitration of any disputes between the parties and is non-severable from the agreement to arbitrate claims.

    YOU UNDERSTAND THAT BY AGREEING TO THIS CLASS ACTION WAIVER, YOU MAY ONLY BRING CLAIMS AGAINST US IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. IF YOU HAVE ALREADY USED THE WEBSITE OR SERVICES AND YOU DO NOT AGREE TO THE FOREGOING TERMS AND CONDITIONS, YOU MUST TELL US IN WRITING AND STOP USING THE WEBSITE, PRODUCTS AND SERVICES.

28. GOVERNING LAW
    
    

    Subject to the “Arbitration Agreement” provisions above, these Terms and Conditions shall be governed by and construed in accordance with the laws the Kingdom of Saudi Arabia, without regard to any conflicts of law provisions. To the extent that Your agreement to arbitrate is not deemed to apply, You expressly agree and personally submit to the exclusive jurisdiction of the courts of the Kingdom of Saudi Arabia to adjudicate and resolve any dispute with the Company, its affiliates, subsidiaries, employees, contractors, officers, directors and content providers or in any other way relating to the Website, including, content or user content.
    

29. SEVERABILITY 

    
    If any provision of these Terms and Conditions is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms and shall not affect the validity and enforceability of any other remaining provisions.

30. ENTIRE AGREEMENT 

    
    Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. These Terms and any policies or operating rules posted by us on the Website or in respect to the Products or Services constitutes the entire agreement and understanding between You and Us and govern Your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between You and us (including, but not limited to, any prior versions of these Terms). Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party. 

31. FORCE MAJEURE

    
    The Company is not liable for any delay in the performance or non-performance of any of its obligations hereunder and shall not be liable for any loss or damages caused thereby where the same is occasioned by any cause whatsoever that is beyond Our control including but not limited to an act of God, war, civil disturbance, inducement of any virus, trojan or other disruptive mechanisms, network down time, any event of hacking or illegal usage of the Platform, utility or communication failures, acts of public enemies, blockade, embargo or any law, order, proclamation, regulation, ordinance, demand or requirement having legal effect of any government or any judicial authority or representative of any such government, prohibitions or enactments of any kind, or accident or non-availability/ delay in transport, any endemic, pandemic, epidemic or outbreak of any disease. 

32. CONTACT US

    
    If You have any questions or comments about these Terms or the Website, please contact Us by:

    Name: Shankar Pillai

    Email: ksacare@plixlife.com