Mobile Application Terms and Privacy Statement - AKAGAS

Introduction

AKAGAS is a Mobile Application (Mobile App) directly providing customers with Gas supply management solutions through the UAE. AKAGAS aims to make the LPG buying process relatively simple, fast and easy with online payment options for their online registered customers on exclusivity basis.

AKAGAS takes privacy very seriously and while AKAGAS do not object viewers from accessing this App, AKAGAS has the below privacy as policy applicable on all viewers who are expected to be aware of the AKAGAS Privacy Policy before using our Mobile Application.

App Terms:

AKAGAS makes available information, materials, and products on this Mobile Application ("App"), subject to the following terms and conditions. By accessing the App, you agree to the terms and conditions as outlined in this legal notice. AKAGAS reserves the right to change these terms and conditions from time to time at its sole discretion.

Copyright: Limited License

AKAGAS, its affiliates or its licensors reserves all rights to the App, the contents, elements, and any information contained on this App. You may not reproduce, copy, or redistribute artwork, design, editorial content, layout, logos, service marks, trademarks, and/or any content of this App without express written permission of an executive officer of AKAGAS unless otherwise specified within this App. Copyright © AKAGAS DISTRIBUTION LLC, located at P O box 66249, Dubai UAE.

Use of Mobile Application Contents:

Except as otherwise indicated elsewhere on this App, you may view, copy, print, contents available on this App subject to the following conditions:

• The content may be used only by individuals authorized by you solely for use in connection with the purchase and distribution, of products sold by AKAGAS and may not be disclosed to any third party without the express written consent of AKAGAS.

• The content may not be modified or altered in any way

• Any copy of the content or portion thereof must include the text of the "Copyright; Limited License" notice above.

• AKAGAS reserves the right to revoke such authorization at any time, and any such use shall be discontinued immediately upon written notice from AKAGAS.

• AKAGAS reserves the right to revoke such authorization at any time, and any such use shall be discontinued immediately upon written notice from AKAGAS.

Warranty Disclaimer:

AKAGAS attempts to provide accurate information, however, this App and all information and content are herein provided "as is" without warranty of any kind, express or implied. ALL IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A USE OR PARTICULAR PURPOSE, AND/OR NON-INFRINGEMENT, ARE HEREBY EXPRESSLY DISCLAIMED.

Limitation of Liabilities:

UNDER NO CIRCUMSTANCE WILL AKAGAS BE LIABLE TO ANY PERSON OR BUSINESS ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR OTHER DAMAGES BASED ON ANY USE OF THIS APP OR ANY OTHER MOBILE APPLICATION TO WHICH THIS APP IS LINKED, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, OR LOSS OF PROGRAMS OR INFORMATION.

AKAGAS shall not be liable for indirect, incidental, special, exemplary, punitive, or consequential damages, including lost profits, lost data, personal injury, or property damage related to, in connection with, or otherwise resulting from any use of the services, even if AKAGAS has been advised of the possibility of such damages. AKAGAS shall not be liable for any damages, liability or losses arising out of: (i) your use of or reliance on the services or your inability to access or use the services; or (ii) any transaction or relationship between you and any third-party provider, even if AKAGAS has been advised of the possibility of such damages. AKAGAS shall not be liable for delay or failure in performance resulting from causes beyond AKAGAS reasonable control. AKAGAS services may be used by you to request and schedule gas cylinder with third party providers, but you agree that AKAGAS has no responsibility or liability to you related to any delivery services provided to you by third party providers other than as expressly set forth in these terms. The limitations and disclaimer in this section 9 do not purport to limit liability or alter your rights as a consumer that cannot be excluded under applicable law.

Trademark Information:

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The trademarks, logos, and service marks ("Marks") displayed and/or listed on this App are the property of AKAGAS, their affiliates, or other third parties. You are not permitted to use the Marks without the prior written consent of the trademark owner or such third party, which may own the Marks. Nothing contained on the App should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Marks displayed on the App without the written permission of the trademark owner or such third party.

Governing Law and Jurisdiction:

This App (excluding linked Apps) is controlled by AKAGAS from its offices within the UAE. By accessing this App, you and AKAGAS agree that all matters relating to your access to, or use of, this App shall be governed by the statutes and laws of the United Arab Emirates, without regard to the conflicts of laws and principles. AKAGAS makes no representation that materials on this App are appropriate or available for use in other locations, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this App from other locations do so on their own initiative and are responsible for compliance with local laws. Your use of this App constitutes your agreement and acceptance of these terms.

Privacy Policy:

At AKAGAS, we take the issue of privacy seriously. This Privacy Policy provides information about the ways in which we collect, use, disclose and otherwise manage Personal Information. Additional privacy terms may apply to your use of the Services under applicable licenses or agreements, including terms relating to disclosure of Personal Information to enforce or verify compliance with agreements you enter into with us.

In this Privacy Policy:

"Personal Information" means information about an identifiable individual.

"Services" means the Services we offer through our Mobile Application.

Collection and Use of Personal Information:

We collect Personal Information that you provide to us when you use our App or Services, for example, when you wish to place a query for a product or service with us. We will not use Personal Information that you have disclosed to us other than for purposes of providing our Services to you.

Protection of Personal Information:

Your personal information is available only to AKAGAS authorized personnel who need to see them, no one else is given access to your information without your consent. Your personal information will not be shared, transferred or sold to a third party without your consent. Your personal information is restricted to authorized employees only.

Normally you will not need to provide your name or any other Personal Information about yourself to access or use this Mobile Application. However, there may be cases where you will be requested to voluntarily give Personal Information such as your name and address, in answering surveys or in requesting answers to queries, registering for periodic mailings, or having printed materials sent to you. In such cases, you might be asked to give such Personal Information as your name, e-mail address, telephone number and address. There may also be cases where additional information will be requested for particular purposes. Except for such necessary information, all such information is optional; you are free to provide it or not.

On the App, we may use "cookies" so you can conduct business more efficiently, to assist us in understanding which areas of our App are useful, and to help us plan for future improvements to the App. If you set your browser not to accept cookies from our App, you may not be able to take full advantage of all App features. Our Mobile Application may use cookies files. However, these files help users easy movement on the App. The cookies also help you, if you wish to "remember" the password for your easy and swift access on those Apps. These files are saves on hard disc of your computer.

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User Account and User rules:

In order to use most aspects of the Services, you must register for and maintain an active personal user Services account (Account). You must be at least 18 years of age, or the age of legal majority as per UAE Laws, to obtain an Account. Account registration requires you to submit to AKAGAS certain personal information, such as your name, address, mobile phone number, email address etc., You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information may result in your inability to access and use the Services, and or shall render ineffective results and or termination of services by AKAGAS with no liability on AKAGAS in any manner whatsoever. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times with no liability on AKAGAS for wrong, incorrect and or false information including loss of password which shall result in AKAGAS requiring authentication as per AKAGAS policies.

AKAGAS services are not available for use by persons under the age of 18 and users are not permitted to authorize third parties to use your Account. You may not assign or otherwise transfer your Account to any other person or entity. You agree to comply with all applicable laws of the UAE when using the Services and you may only use the Services for lawful purposes. You will not, in your use of the Services, cause nuisance, annoyance, inconvenience, or property damage, whether to AKAGAS and or any associates and or any third party for that matter. In certain instances, you may be asked to provide proof of identity to access or use AKAGAS Services, and you agree that you may be denied access to or use of the Services if you refuse to provide proof of identity to the satisfaction of AKAGAS. In such events AKAGAS shall not be responsible in any manner whatsoever.

AKAGAS Mobile App Services Offer:

The AKAGAS mobile App services offer consist of the options for the user to order gas cylinders, accessories and sundry as is made available by AKAGAS in relation to LPG Gas and Distributions. Unless otherwise agreed by AKAGAS in a separate written agreement with you, the Services are made available solely for your personal, non-commercial use and exclusively as registered member in the AKAGAS Mobile Application.

License to Use:

Subject to your compliance with these Terms, AKAGAS grants you a limited, non-exclusive, revocable, non-transferable license to: (i) access and use the Application on your personal device solely in connection with your use of the Services; and (ii) access and use any content, information and related materials that may be made available through the Services, in each case solely for your personal, noncommercial use. Any rights not expressly granted herein are reserved by AKAGAS.

Restrictions of Use:

You may not: (i) remove any copyright, trademark or other proprietary notices from any portion of the Services; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted by AKAGAS; (iii) decompile, reverse engineer or disassemble the Services except as may be permitted by applicable law; (iv) link to, mirror or frame any portion of the Services; (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services; or (vi) attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks.

Network Access and Devices

Users are responsible for obtaining the data network access necessary to use AKAGAS services. Users shall be responsible for the mobile network and all messaging rates as per the network they chose for obtaining and accessing the services of AKAGAS online. All related hardware and software as necessary to be compatible for using the services of AKAGAS on a wireless enabled service platform. AKAGAS does not assure the performance of the App on. Any specific device or hardware. All services provided by the Application may be subject to bugs, errors, malfunctions and delays inherent in the use of the Internet and electronic communications on a routine basis.

Cash on delivery Payment / Online payment

AKAGAS provides two options for payment of purchased products:

Cash on Delivery

Cash on Delivery: If the user choses the Cash on Delivery Option, there shall be a nominal service charge levied at the time of delivery when the payment can be collected from the customer for items purchased. This COD service charge shall be paid in full along with the purchase price for the product plus 5% VAT as application.

Online Payment

Online Payment: AKAGAS has provided the user the option of online payment via credit and debit cards options as supported by Network Global.

AKAGAS WALLET:

This is a unique feature of the AKAGAS Application where users may utilize the E-Wallet as the platform for recording their value balances. Users may utilize the "top Up" option to increase their Wallet values and any product purchased can be appropriated against the value present in the User\'s Wallet Credit. As and when the Wallet balance shall decrease to a minimum value as set by AKAGAS, AKAGAS shall alert the user who may chose to "Top Up" the balance and ensure prompt refilling and replacement of cylinder services.

Service Fee:

In some cases, certain services may be available for a defined service fee. You understand that the service fee are charges you pay according to the order as and if such services specifically demand a service fee. As between you and AKAGAS, AKAGAS reserves the right to establish, remove and/or revise service fee/charges for any or all services obtained through the use of the Application at any time in AKAGASs sole discretion. Further, you acknowledge and agree that Charges applicable in certain geographical areas may increase substantially under certain circumstances. AKAGAS will use reasonable efforts to inform you of Charges that may apply, provided that you will be responsible for Charges incurred under your Account regardless of your awareness of such Charges or the amounts thereof.

Important Note:

In some cases, our App may be linked to other Apps created and managed by other institutions, whether public or private. We offer these links for your information and interests, and when you access any Apps of these links, you are logging off AKAGAS App, and therefore our information management policies are no longer applied there.

Security Safeguards:

We maintain administrative, technical and physical safeguards to protect Personal Information in our custody or control against unauthorized access, use and disclosure. For example, where we enter into an electronic money or credit card transactions with you, the transmitted information will be encrypted.

Disclosure of Personal Information:

Affiliates and Service Providers: We may share Personal Information with our affiliates for the purposes described in this Privacy Policy. We may also disclose Personal Information to our service providers if they require it to perform designated functions on our behalf. For example, if we are asked to ship materials to your address, it will be necessary to notify your name and address to the shipping agent. We require our service providers to protect Personal Information with standards that are comparable to our own.

Legal: We may disclose Personal Information in response to a search warrant or other legally valid enquiry or order, or to a law enforcement agency in the case of a contravention of law, as necessary or appropriate to enforce and/or verify your compliance with a legal agreement you enter into with us, or as otherwise required or permitted by law.

Access to Personal Information:

You have the right to access, update and correct inaccuracies in your Personal Information in our custody and control, subject to certain exceptions prescribed by law. You may contact us to make a request about your Personal Information using the contact information set out below. Any disclosure of Personal Information in response to such a request will be done only after confirming the identity of the requesting party.

Changes to the Privacy Policy:

The policies outlined above may be subject to change in the future to reflect changes in our Personal Information practices. The revised Privacy Policy will be posted on the App. We will treat your Personal Information in accordance with the policy (or the applicable terms of a license or legal agreement with you) in place at the time the information is collected, or as you otherwise consent.

Contacting Us:

If you have any questions or comments on this Privacy Policy or the way we treat your Personal Information, or if you would like to make a request to access, update or correct Personal Information we may have about you, please contact our Chief Privacy Officer at:

support@akagas.com

AKA GAS DISTRIBUTION LLC, P O BOX 66249, DUBAI UAE

Last Updated: November 2020