Terms

1. Definitions and Terms

1.1. LYNX is a project created and operating under the guidance of the company Orange Sea Shopping LTD. Orange Tech FZ-LLC is a legal entity established under the laws of the UAE and operating in accordance with UAE laws. It manages the website, organizes and processes personal data, and defines the purposes of processing personal data, the scope of personal data subject to processing, and the actions (operations) carried out with personal data.

1.2. Website - lynx.shopping and its subdomains.

1.3. Service - the set of services, products, and software offered by LYNX on the website.

1.4. User - a business client using LYNX for business purposes.

1.5. User's Personal Account - an authorized user's section on the website containing information about the user and facilitating the use of LYNX services provided to business clients.

1.6. Territory - the country or countries where LYNX services are available. At the time of this edition, the United States is the Territory.

1.7. Client - an individual using the Service for personal purposes through interaction with the User. The terms and conditions for using the Service by Clients are defined in the LYNX Terms of Use for Private Individuals.

1.8. Client's Personal Account - an authorized user's section on the website containing information about the Client and facilitating the use of LYNX services.

2. General Provisions

2.1. These Terms govern the provision and rules for using the Service. The User has access to the extent of the Service defined in the Terms of Use for LYNX private individuals.

2.2. These Terms constitute an offer and can be accepted by the User only in their entirety, without any changes, including all the rules and policies deriving from the Terms (including the Privacy Policy of LYNX's personal data), as well as the procedures and instructions for using the Service, which are published on the website, except where expressly provided otherwise.

2.3. The User is obliged to carefully read these Terms before using the Service. By starting to use any of the Service's features, the User thereby accepts the Terms, thereby accepting this offer. If the User disagrees with the entire Terms or any part thereof, they cannot use the Service.

2.4. LYNX reserves the right to update these Terms at any time. The fact that the User continues to use the Service means that they have accepted the modified terms, even if they have not reviewed them. The most recent version of the Terms of Use is always available on this page.

2.5. By accepting the Terms, the User confirms that they are using their genuine and complete personal information, agree to the use of the provided personal data by LYNX, have reached the legal age required to use the Service, are not a legally incapacitated person preventing the use of the Service, and accept all legal responsibilities for their actions. If the User is a legal entity, they confirm that the legal entity has sufficient legal capacity to use the Service and guarantees that the representatives of such legal entity providing their personal data to LYNX agree to the collection, processing, and storage of their personal data to the extent necessary for using the Services. If the User or their representative wishes to discontinue the use of their personal data by LYNX, they can complete the personal data withdrawal form. Upon withdrawal of consent for the use of personal data, LYNX may not be able to continue providing services and access to the user who has refused to provide personal data. Withdrawal of consent for the use of personal data does not exempt the User from the obligation to pay for services rendered by LYNX.

2.6. LYNX reserves the right to refuse the User the provision of the Service in whole or in part without explaining the reasons.

2.7. In case of partial or complete refusal to provide the User with the Service, the refund of funds paid by the User for such part of the Service is made in accordance with the refund provisions, especially section 5 of these Terms.

2.8. By providing their contact (mobile) phone number and email address in their registration data on the website, the User confirms that such phone number and email address are channels of communication that allow establishing with certainty that legally significant documents or messages sent via email, SMS, or messenger services like WhatsApp, Viber, Telegram are sent, respectively, by the User or to the User. Such documents or messages sent to the User are considered received by them on the following calendar day after their dispatch unless the User's messages indicate the confirmation of an earlier receipt.

2.9. The User is responsible for the security of their login and password intended for access to the Service. LYNX is entitled to assume that all actions in the Service performed by the user authorized with the login and password are performed personally by the User.

2.10. Using erotic, indecent, offensive, or material prohibited by applicable legislation, as well as any material that violates intellectual property rights and the right to one's image as an avatar (profile image) is not permitted. In the event of a violation of this rule, LYNX reserves the right to remove such an image and/or take other measures as provided by these Terms. In case of posting an image in violation of these Terms and the requirements of applicable legislation, the User is liable under the applicable legislation and these Terms, particularly sections 3.12 and 3.13 of the Terms.

2.11. The User agrees to refrain from violating the norms of applicable legislation while using the Service. In case of discovering facts of legal violations committed by the User, LYNX has an unconditional right to refuse the User the provision of the Service and claim direct and indirect losses caused by such use from the User out of court, including by debiting the funds credited to the User's Personal Account.

2.12. Under no circumstances does the User or any other person have the right to use any of LYNX's intellectual property, including any registered or unregistered intellectual property, or act as an agent or intermediary for LYNX without prior written consent properly signed by authorized representatives of the User/visitor and LYNX. In the event of infringement of LYNX's intellectual property rights or the dissemination of false information, the User or any other person who infringes the intellectual property rights associated with the LYNX project is responsible as provided by applicable legislation. LYNX also reserves the right to demand compensation for damages in such cases, as well as fixed compensation amounts in addition to the mentioned losses.

The User independently bears responsibility towards any third parties for the violation of copyrights and image rights belonging to such third parties, committed by the User when using the Service. The User also agrees to take all necessary actions to exclude LYNX from liability in such situations. In case LYNX is held liable for such actions of the User, the User undertakes to reimburse LYNX for all losses and expenses incurred as a result of bringing LYNX to responsibility in such a situation.

2.13. Situations that go beyond the standard are resolved by LYNX with Users on an individual basis.

3. LYNX Service Structure

3.1. LYNX provides the User with a Service for business purposes, with the User having the option to set an individual commission rate for payment for such services by the User's clients.

3.2. Clients of the User are provided with the Service in the form of a set of services in accordance with the Terms of Use of LYNX for private individuals.

4. Rates and Payment

4.1. The current prices for services included in the Service are listed in the "Rates" section on the main page of the Website. LYNX reserves the right to change existing prices without prior notice. Price changes come into effect when they are made in the "Rates" section on the main page of the Website.

4.2. The cost of LYNX services and the estimated delivery times of the order communicated to Users during consultations or on the Website are for reference purposes and are not an offer.

4.3. Cancelling a money transfer made for payment of LYNX services through a transaction dispute with the User's bank (including the "chargeback" procedure) is prohibited. Such actions will be considered a material violation of these Terms, and the User's access to the Personal Account may be temporarily or permanently blocked. In the event of such a violation, LYNX may, at its discretion, debit a penalty from the User's Personal Account, in addition to other measures and loss recovery due to the User's unethical behavior. LYNX has the right to retain the User's property and funds held by LYNX to ensure the fulfillment of the User's obligations. In case of prolonged non-compliance with such obligations, LYNX has the right to dispose of the aforementioned property and funds of the User at its discretion to cover the losses (expenses and lost profits) incurred by LYNX due to the User's non-compliance with their obligations towards LYNX and/or arising from violations of the provisions of these rules and applicable legislation by the User when using LYNX services.

4.4. In the event that the User suffers financial damage from third parties while using LYNX services, LYNX may, but is not obliged to, at its discretion, provide assistance and/or compensate such damage in full or in part. If LYNX compensates the User for damage caused by third parties, all rights and claims regarding the damage that has been compensated by LYNX are transferred from the User to LYNX without any additional statements or confirmations by the User.

5. Refund of Funds

5.1. LYNX, under the conditions specified in the Terms, carries out the refund of funds to the User.

5.2. Refund of funds to the User, unless otherwise specified, is made by crediting the funds to their balance in the Personal Account. Refund of the remaining funds can be initiated by the User by contacting the Support Service. In cases where the User's Personal Account is subject to cancellation, as well as in other cases directly stipulated by LYNX with the User, the refund of funds is carried out using the methods available to LYNX at the time of refund.

5.3. In the event of a decision by LYNX to refund funds to the User, such refund is carried out by LYNX without undue delay. LYNX may inform the User of the planned timeframe for the refund. The actual receipt of the funds by the User in the case of a refund to a card may take longer, depending on the speed of the banking procedures, which is not within the responsibility of LYNX.

6. Force Majeure Circumstances

6.1. Neither LYNX nor the User shall be held responsible for the non-performance or improper performance of obligations arising from the Terms if such non-performance or improper performance occurs due to the occurrence of force majeure circumstances, which are extraordinary and insurmountable circumstances given the circumstances. Force majeure circumstances include: wars, the declaration of a state of emergency or war, floods, fires, earthquakes, and other natural disasters, strikes, changes in existing legislation, the imposition of sanctions or embargoes, as well as any other circumstances that the affected party cannot reasonably influence, which the party could not reasonably foresee, and the occurrence of such circumstances does not allow the fulfillment of obligations under this contract, and their occurrence is not a direct or indirect result of the action or inaction of either of the Parties.

6.2. The party whose performance of obligations is hindered by force majeure circumstances must notify the other party of such force majeure circumstances as soon as possible, within three days from the moment the party becomes aware of the obstacles to the fulfillment of its obligations.

If, for objective reasons, notification within the specified period is impossible, such notification must be sent within one day from the moment it becomes possible.

6.3. The notification should describe the situation, the date of its occurrence, and indicate how the obstacle that has arisen affects or may affect the ability to fulfill the obligation.

6.4. Notification by LYNX is considered delivered when posted in the User's Personal Account and may also be duplicated by email to the User's email address provided during registration in the Service.

Notification by the User must be sent from the User's email address provided during registration in the Service to the email address [email protected].