General Terms and Conditions

Part 1 – Terms of Use – Last updated: 10-06-21

Welcome to SAFIR GLOBAL DMCC 

1. Definitions 

1.1. In these General Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:

1.1.1. “Customer/s”: Means any user of the Services or visitor of the website https://safir.com

1.1.2. “Website”: Means the domain address https://safir.com and any website affiliated with it.

2. SAFIR Services and General Scope 

2.1. SAFIR GLOBAL DMCC (hereinafter referred as “SAFIR”/), domiciled at Fortune Tower, Office 2703, Jumeirah Lakes Towers, Cluster C Street, Dubai, United Arab Emirates, Company Registration Number DMCC190386, which is operated by its Affiliates (collectively hereinafter referred to “Affiliate/s” mean, with respect to a particular person or any entity that directly or indirectly controls, is controlled by, or is under common control with such person, who by creating, hosting, maintaining or providing the Services to the Customer via the Internet) governs the use of all Services provided herein, including but not limited:

2.1.1. to access https://safir.com as well as using the website technology to register for the portal integrated therein (Part 1 – terms of use – agreed when accessing the website),

2.1.2. to access and use the portal integrated in https://safir.com, its Application Programming Interfaces (API), and related applications to submit buy-orders for products through the portal (Part 2 – to be confirmed before accessing the portal) and

2.1.3. to generate promotion links to recommend SAFIR products and services as part of the SAFIR Marketing Programme via https://safir.com (Part 3 – to be confirmed before creating a promotion link)

(collectively referred to as the “Service/s”).

2.2. These General Terms and Conditions and it’s dedicated Parts (hereinafter also referred to as the “Agreement”) apply to all business relationships between SAFIR and its Customers in the version that were in effect upon execution of the contract, whether the contract was concluded by SAFIR website/portal, by mail, E-Mail or any other electronic means. Typesetting and printing errors reserved.

3. Information, Eligibility and Requirements 

3.1. Access to our Website is free of charge. It is the Customer’s responsibility to make the arrangements necessary in order to access our Website. No part of SAFIR’s Site constitutes a contractual offer by SAFIR capable of acceptance, unless otherwise expressly stated.

3.2. Using the Services and/or Website means, that the Customer have read, understood, and accepted this Agreement and agrees to be bound by the terms, conditions and notices contained and/or referenced herein at its own sole discretion and risk.

3.3. To be eligible to use the Services, the Customer must be an adult as per law in its jurisdiction, but at least 18 years old.

3.4. SAFIR Service availability vary by country. SAFIR offers Services in compliance with local laws and regulations. This Agreement applies only to Customers who are NOT citizens or residents of the United States of America, Cuba, Iran, North Korea, Syria or from such countries that are affected by an EU or UAE embargo. Customers of mentioned countries are not allowed to use the Services. SAFIR does not operate in prohibited jurisdictions. SAFIR maintains the right to select its markets and jurisdictions to operate and may restrict or deny its services to certain countries at any time.

3.5. The Customer hereby indemnifies SAFIR, who is held to have no responsibility, against any direct, indirect, consequential, or any damages of any kind, arising out of or in any way connected with the use of Services, including but not limited to those arising from Customer’s personal error and/or misbehavior.

3.6. Images and data of SAFIR website and portal are protected by SAFIR copyright and may not be used without the explicit permission of SAFIR. The SAFIR website contains links to third-party websites which are operated by others. These links are provided purely for the Customer’s convenience and do not indicate any endorsement of the contents of these pages by SAFIR. SAFIR is not responsible for the content of any links, and also does not vouch for the content or the accuracy of the material on the third-party websites. If the Customer decides to access third-party websites through these links, it’s on Customer’s your own risk. The content of SAFIR website and portal has been checked carefully. Nevertheless, no guarantee can be given for accuracy, completeness and timeliness of the information.

3.7. SAFIR reserves the right to make changes on its Website, portal, policies, and terms and conditions, including this Agreement at any time without further notice. The Customer will be subject to the policies, and terms and conditions in force at the time that the Customer has accessed and used SAFIR Services, unless any change to those policies or terms and conditions are required to be made by law or government authority. Specific reasons for changes of this Agreement could be, but are not limited to, market changes to which SAFIR has to react or

introduction of new products and services or changes in sales, distribution and promotional strategies.

3.8. If any part of the current version of these General Terms and Conditions conflicts with any previous version(s), the current version shall prevail unless SAFIR explicitly states otherwise.

4. Data Protection 

4.1. As required for implementing the terms under this Agreement, SAFIR collects, stores and processes personal and company-related data as well as data regarding the purchases and promotional activities of the Customer, as allowed under the data protection legislation (see SAFIR Privacy Policy available from https://safir.com).

4.2. SAFIR uses internationally recognized security technology to protect the Customer’s data from unauthorized access.

4.3. All enquiries regarding information, amendment or deletion of data may be directed by trackable letter sent by post to registered SAFIR office. To make sure that the sender of the letter is actually the respective Customer, this letter must be notarized.

5. How to Contact SAFIR 

5.1. To contact SAFIR please use the contact form given at Safir’s portal or send a trackable letter which shall be notarized, by post to registered SAFIR office.

5.2. When using SAFIR’s Contact Tools or contacting SAFIR by any other means, the following rules apply, and you must not communicate, submit, or otherwise do anything that:

5.2.1. is sexually explicit;

5.2.2. in any way sexualises minors (including, but not limited to, child sexual abuse material);

5.2.3. is obscene, deliberately offensive, hateful, or otherwise inflammatory;

5.2.4. promotes violence;

5.2.5. promotes, encourages, incites, or supports acts of terrorism;

5.2.6. promotes or assists in any form of unlawful activity;

5.2.7. is defamatory of another person;

5.2.8. bullies, insults, intimidates, or humiliates another person;

5.2.9. discriminates against, or is in any way defamatory of, any person, group, or class of persons; race; nationality; gender; gender identity; sexual orientation; religious or philosophical beliefs; disability; or age;

5.2.10. is intended or otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;

5.2.11. is calculated or otherwise likely to deceive;

5.2.12. is intended or otherwise likely to infringe (or threaten to infringe) another person’s right to privacy or otherwise uses their personal information in a way that you do not have a right to;

5.2.13. misleadingly impersonates any person or otherwise misrepresents your identity or affiliation in a way that is calculated to deceive;

5.2.14. implies any form of affiliation with SAFIR or any other party where there is none;

5.2.15. infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, designs, patents, trade marks, and database rights) belonging to SAFIR, any of its Affiliates or any other party;

5.2.16. is in breach of any legal duty owed to another party including, but not limited to, contractual duties and duties of confidence.

5.3. We monitor any and all communications made using SAFIR’s Contact Tools. The Customer accepts English as business language to be used for all communication with SAFIR.

5.4. Any personal information sent to SAFIR, whether via SAFIR’s Contact Tools or otherwise (including, but not limited to, your name and contact details) will be collected, used, and held in accordance with your rights and SAFIR’s obligations under data protection law, as set out in SAFIR’s Privacy Policy.

6. Governing Law and Arbitration 

6.1. This Agreement shall be governed by and construed under the laws of DIFC (Dubai International Financial Center). Where the Services (and any goods purchased as a result thereof) are used by the Customer are not procured for private/personal use, SAFIR and CUSTOMER agree that the UN Convention on International Sale of Goods (CISG) is excluded.

6.2. Any dispute arising out of or in connection with this contract, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration under the Arbitration Rules of the DIFC – LCIA Arbitration Centre, which Rules are deemed to be incorporated by reference into this clause. The number of arbitrators shall be three. The seat, or legal place, of arbitration shall be DIFC. The language to be used in the arbitration shall be English. The governing law of this arbitration agreement shall be the substantive law of DIFC. The making of an application to any competent court for injunctive relief shall not be precluded.

6.3. If any of the policies or terms of conditions of this Agreement are deemed invalid, void, or for any reason unenforceable, that policies or conditions will be deemed severable and will not affect the validity and enforceability of any remaining policy or condition.