ESL’s PAYMENT POLICY

1. Definition

The Terms and Conditions contained herein shall apply to any person (“Applicant”) using the services of ESL for making an Application through an online payment gateway service (“Service”) offered by Payment Gateway Service provider, through ESL’s website i.e. https://www.emirateslaboratory.com. Each Applicant is therefore deemed to have read and accepted these Terms and Conditions.

2. General Terms and Conditions for Online-Payments

1. Once the Client accepts the terms and conditions stated in this document, he/she can proceed with the payment method and thereby avail of the services offered by the ESL.
2. ESL’s rights, obligations, undertakings shall be subject to the laws in force in the United Arab Emirates, as well as any directives/ procedures of the Dubai Government, and nothing contained in these Terms and Conditions shall be in derogation of ESL's right to comply with any law enforcement agencies request or requirements relating to any Applicant’s use of the website or information provided to or gathered by ESL concerning such use. Each Applicant accepts and agrees that the provision of details of his/ her use of the Website to regulators or police or any other third party to resolve disputes or complaints which relate to the Website shall be at the absolute discretion of ESL.
3. If it is found that any part of this document is determined to be invalid, or unenforceable according to applicable law including, but nowhere limited to, refund or liabilities limitations set forth herein, then such provisions will be considered superseded by a valid, enforceable provision that serves the purpose of original intent as deemed by the ESL and the remaining part of this document shall be considered to remain in effect.
4. Both the printed and electronic version of this Terms and conditions document shall be admissible in any judicial or administrative proceedings, in its full scope and subject to the same conditions as other business documents and records created and recorded in printed form.
5. The entries in the books of ESL and/or the Payment Service Providers kept in the ordinary course of business of ESL and/or the Payment Service Providers concerning transactions covered under these Terms and Conditions and matters therein appearing shall be binding on the Client and shall be conclusive proof of the genuineness and accuracy of the transaction.

3. Limitation of Liability

1. ESL has developed and made available to the clients to ease their accessibility and reachability to its services. ESL reserves all right to exclude itself from any liability or claims arising out of provisions in regards to this service. The client by accepting this policy agrees and acknowledges that he/she shall be solely responsible for their conduct and cannot hold ESL responsible in any way. In addition, ESL reserves the right to terminate the rights to use the services immediately without giving any prior notice thereof.
2. ESL and/or the Payment Service Providers and/or Network Providers shall not be liable in any way for inaccuracies, errors or delays in, or omissions of (a) any data, information, or message, or (b) transmission or delivery of any such data, information, or message, or (c) any loss or damage arising from or occasioned by any such inaccuracy, error, delay or omission, non-performance or interruption in any such data, information or message. Under no circumstances shall the ESL and/or the Payment Service Providers and/or Network Providers, its employees, directors, and its third-party agents involved in processing, delivering or managing the Services, be liable for any direct, indirect, incidental, special or consequential damages, or any damages whatsoever, including punitive or exemplary arising out of or in any way connected with the provision of or any inadequacy or deficiency in the provision of the Services or resulting from unauthorized access or alteration of transmissions of data or arising from suspension or termination of the Services.
3. Under no conditions, ESL and/or the Payment Service Providers and/or Network Providers can be held liable for any financial, legal, or any other damage incurred by the Client under the below conditions (but not limiting to):

• Delay, failure, interruption, or corruption of any data or other information while using the payment gateway or accessing the services, and/or
• Occurrence of any kind of interruption while operating the payment gateway.

4. The Client shall indemnify and hold harmless ESL and/or the Payment Service Providers and/or Network Providers and their respective officers, directors, agents, and employees, from any claim or demand, or actions arising out of or in connection with the utilization of the Services.
5. The Client shall not hold ESL and/or the Payment Service Providers and/or Network Providers responsible for any loss incurred while performing their activity based on the information given on the website or during services being rendered, or failure in complying with the terms and conditions stated under this policy.

4. Miscellaneous Conditions

1. By agreeing to this policy, the Client agrees that he/she understands and confirm that his/her personal data including (but not limiting to) details such as debit card/credit card/bank details/mobile number transmitted over the internet while working on the Payment Gateway, may be subject to misuse, hacking, theft and/or fraud and therefore ESL and/or the Payment Service Provider(s) and/or Network Providers cannot be held be liable in any way.
2. All reasonable and efficient methods have been applied by the ESL to safeguard the information of the Client, ESL does not guarantee in any way that while using the services by Client, such information cannot be stolen, and/or hacked, and/or unauthorized use of data over the internet.
3. ESL, the Payment Service Provider(s) and its affiliates and associates shall not be liable, at any time, for any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communications line failure, theft or destruction or unauthorized access to, alteration of, or use of the information contained on the Website.
4. ESL uses services of a third party who provide specialised services for providing secured transaction to the Client. By agreeing to this policy, the Client agrees that the ESL cannot be held liable for any failure in payment, during the payment process, or in respect of any omission or exclusion of information during the transaction.

5. Debit Card or Credit Card or Bank Account Details

1. The Client agrees that the details of the payment provided for the use of aforesaid Service(s) must be correct and accurate and valid, and shall not use in any scenario use debit card and/or credit card and/or bank account for payment of services, which are not lawfully owned or authorised by the owner to use thereof.
2. ESL reserves all the rights to refuse to accept the entered details of debit card and/or credit card and/or bank account, or in such cases when the transaction is accepted to cancel them, at its sole discretion, as part of our fraud detection program or to comply with local law.
3. The Client may pay service fees to ESL using a debit card and/or credit card. By agreeing to this policy, the Client agrees to all the below (but not limited to): -

• The Client owns the debit card and/or credit card or is lawfully entitled to use the cards for such transactions;
• The Client takes responsibility for providing correct and accurate information of the debit card and/or credit card and/or bank account
• The Client agrees and allows the ESL to debit the amount for services as requested;
• The Client takes responsibility for ensuring sufficient credit is available in the card (or bank account or credit balance), at the time of making the payment to ESL.

4. ESL reserves the right to accept/refrain from accepting certain types of credit/debit cards for local and international customers; currently, the below credit/debit cards are acceptable for local customers:

• Visa/Visa electron
• Master card/Maestro
• Mercury
• Premium cards

                     All international credit/debit cards are currently accepted by ESL.

6. Transaction Charges

The Client agrees that it will bear the necessary transaction charges plus service tax applicable at the moment of payment (subject to change), for the Advance payment or the Application fees. All such fees are non-refundable and the Client agrees that ESL cannot be held liable for this in any manner.

ESL reserves the right to modify the advance fees or the application fees or both without any prior notification to the Client. Transaction charges might also change as per the service provider structure of fees.

• The fee for local credit/debit cards is 1.75% of the service fee + 1.75% of the service fee VAT
• The fee for local credit/debit cards is 1.75% of the service fee
• The fee for international credit/debit cards is 2.5% of the service fee

           Charges for bank transfers will be detailed once the service is offered to the clients.

7. Payment Gateway/Net Banking Disclaimer

This service is offered by the ESL to allow them to pay for the services requested in an online manner. ESL and/or the Payment Service Provider(s) do not make any representation of any kind, express or implied, as to the operation of the Payment Gateway other than what is specified in the website for this purpose. The Client agrees that it understands Terms and Conditions, and is using these services at their own risk and under their responsibility.

8. Refund and Cancellation Policy

1. In the event when there is a request for a claim by the Client for any reason whatsoever, such claims shall not be entertained by the ESL.
2. The Client shall inform the ESL for any fraudulent transactions on account of misuse of Card/Bank details by a fraudulent individual/entity and ESL reserves the right to address such issues as per its policies and rules.
3. In the event when the Client is experiencing any server related issues such as ‘slow-down, or ‘failure’, or ‘session-timeout, the Client is requested to confirm whether any amount has been debited from their bank account or not before proceeding with re-payment for their services. The Client can approach in two manners as stated below:

• In the scenario, when the amount is debited, you can check on the customer portal to see if the receipt has been generated or not, and if no receipt is generated, you can share your transaction details through the email or the Interaction method on the customer portal.
• In the scenario, when the amount is not debited, the Client can proceed with a new transaction to complete the payment.

1. Changes to this Payment Policy

ESL reserves the right to change this policy at any point in time without notifying the user before the change and will upload the new policy on this page. Users are requested to visit the “Privacy Policy” page every time they visit the website to be aware of any changes in our policies.

       This policy was last updated on the 5th of August 2021.