In these Terms and Conditions, the following terms in bold shall have the following meanings, except where the context otherwise requires:
Expin: Officially known as “Expin FZ LLC”, is the Mobile Application and service provider.
Account: an account created by a User or Expin on the Mobile Application or the Web Interface as part of Registration.
Merchant: any corporate entity whose Experiences can be Booked via the Mobile Application.
Influencer: a social media personality who will book experiences via the Mobile Application.
Book: to book/reserve a Merchant’s Experience on these Terms and Conditions of Use.
Booking: the act of booking such Experience from the Merchant by the Influencer.
Register: “Registration” means the act of creating such an Account.
Experience: services provided by the merchant as described within the experience details during the time of experience creation.
Services: all the services provided by Expin FZ LLC via the Mobile Application to Users.
Users: persons using the Mobile Application or Web Interface.
Content: any material made in the form of text, images, videos, made by influencer/merchant.
Credit: the financial units used by the Merchant on Expin every time an experience is booked.
3.1 The use of any Services and/or the Mobile Application and the making of any Experiences are subject to these Terms and Conditions of Use.
3.2 The Mobile Application, the Services and any Experiences are intended solely within the United Arab Emirates. We make no representation that the Services will be available outside of the United Arab Emirates. Notwithstanding the above, if you access the service from locations outside the United Arab Emirates, you do so on your own initiative and responsibility.
3.3 We reserve the right to amend these Terms and Conditions of Use from time to time without notice. The Terms and Conditions of Use will be posted on the Mobile Application and shall take effect from the date of such posting. You are advised to review these terms and conditions periodically as they are binding upon you.
3.4 We reserve the right to change, modify, substitute, suspend or remove without notice any information or Services on the Mobile Application from time to time. Your access to the Mobile Application and/or the Services may also be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will attempt to restore such access as soon as we reasonably can.
3.5 We will use reasonable steps to correct any errors or omissions as soon as we are notified of them. However, we do not guarantee that the Services or the Mobile Application will be free of faults, and we do not accept liability for such faults, errors or omissions as mentioned in Clause 9.1. In the event of any such error, fault or omission, you should report it by contacting us immediately at firstname.lastname@example.org.
3.6 We reserve the right to block access to and/or to edit or remove any material which in our reasonable opinion may give rise to a breach of these Terms and Conditions of Use.
3.7 We reserve the right to block access to and/or to edit or remove any material which in our reasonable opinion may give rise to a breach of these Terms and Conditions of Use.
4.1 By creating any Experience, you acknowledge that the Experience is subject to these Terms and Conditions of Use. Any attempted Experience not consistent with these Terms and Conditions of Use may render void at our discretion.
4.2 Full Access to Mobile Application or Web Interface will require the Merchant to be registered with Expin for the purposes of creating and editing experiences..
4.3 When applicable, the merchant must approve 20% of influencers from the waitlist experiences. Any pending requests of waitlisted influencers will automatically be canceled within 7 days.
4.4 For the experience to be created and booked by the Influencer, the Merchant must do the following:
4.4.1 The Merchant must provide all necessary information for an Experience to be created as per the procedures and steps in the Expin App.
4.4.2 The Merchant must accept or decline influencers on waitlisted experiences before the date of event.
4.4.3 The Merchant must fulfill and provide the experience as described.
4.4.4 Expin reserves the right to approve influencer requests at it's sole discretion if the influencer has more than 300,000 followers or has more than 10,000 Dubai based followers
4.5 Responsibility for Bookings of perishable products of Experiences: Each Merchant shall be responsible to ensure that any of its Experiences for Booking that are perishable has not expired.
5.1 You warrant that all information provided on your Account is accurate and that you will promptly inform us of any changes to such information by updating the information in your Account.
5.2 You shall honor all Influencer Bookings and shall provide the experience as stated in the description of the experience.
5.3 Should the Merchant request to suspend the Experience on the Platform and the provision of the Services, the request for such a suspension shall be submitted by the Merchant to Expin in writing to email@example.com and will take effect within 1-2 working days.
5.3.1 In the case of suspension of an experience, the Merchant is still required to honor bookings of influencers who have already booked the experience prior to its suspension.
5.4 Without limitation, you undertake the responsibility not to use or permit anyone else to use the Services or Mobile Application:-
5.4.1 to upload inappropriate content;
5.4.2 to upload any content that is not your own;
5.4.3 to engage in acts that would be considered contrary to the applicable law;
5.4.4 to use for a purpose other than which we have designed them or intended them to be used.
6.1 In certain occasions, you will be offered a full refund of credits in the event of:
6.2 An Influencer booking an experience and not showing up;
6.3 An Influencer failing to book a date on waiting list experiences after being approved;
6.4 An Influencer cancelling their booking of the experience.
6.5 If merchant decide to cancel an influencer approved booking, each cancellation will carry a penalty fee of 350 aed.
7.1 In the event of a suspension, we may refuse to restore the Services or Mobile Application for your use until we receive an assurance from you, in a form we deem acceptable, that there will be no further breach of the provisions of these Terms and Conditions of Use. If the assurance is deemed acceptable, the account will be retrieved within 1-2 working days.
7.2 Expin FZ LLC shall be entitled to suspend the Services and/or Mobile Application, if:
7.2.1 You commit any breach of these Terms and Conditions of Use;
7.2.2 We suspect, on reasonable grounds, that you have, might or will commit a breach of these Terms and Conditions of Use;
7.2.3 We receive reasonable amount of complaints from influencers; or
7.2.4 You fail to comply with your obligations towards us and influencers.
8.1 We do not warrant that the Mobile Application will always be accessible, uninterrupted, timely, secure, error free or free from computer bugs.
8.2 While we may use reasonable efforts to include accurate and up-to-date information on the Mobile Application, we make no warranties or representations as to its accuracy, timeliness or completeness.
8.3 Expin App shall not be liable for any acts or omissions caused by third parties or influencers, and will not take any responsibility for losses or damages caused as a result.
8.4 Notwithstanding our efforts to ensure that our system is secure, you acknowledge that all electronic data transfers are potentially susceptible to interception by others. We cannot warrant that data transfers pursuant to the Mobile Application, transmitted to and from us, will not be monitored or read by others.
8.5 Expin disclaims any liability for the performance of the Services related to the following:
8.5.1 The failure of the Influencers to submit and publish the Content.
8.5.2 The cancellation, rescheduling, and non-timely attendance of the Experience by the Influencers.
8.5.3 The quality and availability of the Influencers’ Content.
9.1 You agree to indemnify and keep us indemnified against any claim, action, suit or proceeding brought or threatened to be brought against us which is caused by or arising out of (a) your use of the Services, (b) any other party’s use of the Services using your username, password and/or any identifier number allocated by Expin FZ LLC, and/or (c) your breach of any of these Terms and Conditions of Use, and to pay us damages, costs and interest in connection with such claim, action, suit or proceeding.
10.1 Any unauthorized use of Expin’s trademarks, name or symbols will amount to copyright infringement that is punishable by law. All rights not expressly granted herein are reserved. Other product and company names mentioned herein may also be the trademarks of their respective owners.
10.2 Expin FZ LLC and the Merchant reserve the right to use all “content” including text, images and videos submitted by the influencer exclusively and continuously, in which proper authorization is granted to use “content” for professional purposes.
10.3 By Uploading any text, images, or videos (“Content”) via the Application, you represent that you are the owner of the Material, or have proper authorization from the owner of the Material to use, reproduce and distribute it. You hereby grant us a worldwide, royalty-free, non-exclusive license to use the Material to promote any products or services.
12.1 The Mobile Application can be accessed globally where the local technology permits. As each of these places have differing laws, by accessing the Mobile Application you agree that the laws of United Arab Emirates will apply to all matters relating to the use of the Mobile Application and Web Interface.
12.2 Any dispute, difference, controversy or claim arising out of or in connection with this contract, including (but not limited to) any question regarding its existence, validity, interpretation, performance, discharge and applicable remedies, shall be subject to the exclusive jurisdiction of the courts of Dubai International Financial Centre (the “DIFC” courts).
13.1 "EXPIN FZ -LLC maintains the www.expin.com Website ("Site").
13.2 "Visa or MasterCard debit and credit cards in AED will be accepted for payment"
13.3 "We will not trade with or provide any services to OFAC and sanctioned countries"
13.4 Customer using the website who are Minor /under the age of 18 shall not register as a User of the website and shall not transact on or use the website’
13.5 "Cardholder must retain a copy of transaction records and Merchant policies and rules"
13.6 The User guarantees that he or she is older than 18 years.
13.7 Once the payment is made, the confirmation notice will be sent to the client via email within 24 hours of receipt of payment.
13.8 Insufficient Funds Fee: In the event that a check issued by a party to this Agreement is returned due to insufficient funds, the party responsible for issuing the check shall be liable for an additional fee of 1,000 AED. This fee shall be payable immediately upon demand by the receiving party and may be collected in addition to any other amounts due under this Agreement.
13.9 DIFC Court Filing and Legal Fees: Should either party be required to initiate legal proceedings in the DIFC Court to enforce or defend their rights under this Agreement, the prevailing party in such proceedings shall be entitled to recover reasonable legal fees and costs, with a minimum recovery amount of 10,000 AED. This recovery shall be in addition to any other relief granted by the court and shall be paid by the non-prevailing party within a reasonable time frame as determined by the court or agreed upon by the parties.
14.1 No Refunds or Cancellations: All sales are final, and no refunds or cancellations are permitted once the purchase has been made.
14.2 Early Termination: Should a party wish to terminate the contract prior to its natural expiration, an early termination penalty shall apply. This penalty will be equivalent to two months of subscription fees, unless otherwise explicitly mentioned in the contract.
Expin FZ LLC
Dubai Media City
Dubai – UAE