Terms and Conditions

Overview and Acceptance of Terms 

This website is operated by Hams Hair, a science-led hair care brand focused on solving real scalp and hair concerns through targeted, ingredient-driven formulations. Throughout the site, the terms “we”, “us” and “our” refer to Hams Hair. By accessing our website, interacting with our AI Hair Diagnostic tool, and/or purchasing from us, you agree to be bound by the following terms and conditions ("Terms of Service", "Terms"), including those additional terms and policies referenced herein. We comply with all the applicable data protection regulations to ensure your information is handled with the utmost security.

By using or continuing to use our website and services, you explicitly acknowledge and agree to the terms and conditions stated herein. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services.

Section 1 - Updates and Modifications to Terms

We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms and Conditions. Any updates, modifications, or material changes to these Terms and Conditions will be accompanied by a notification posted directly on our website. It is your responsibility to check our website periodically for changes. By continuing to access or use our service after those revisions become effective and the notification is posted, you agree to be bound by the revised terms.

Section 2 - Products, Usage, and Cosmetic Results All products sold by Hams Hair, including but not limited to the Rescue Hair Strengthening Oil (Dry to Normal Scalp) and Rescue Hair Strengthening Oil (Oily Scalp), are purely cosmetic products. They are formulated with active ingredients like Peptides, Pumpkin Seed Oil, Saw Palmetto, and Caffeine to support healthier hair growth and reduce the appearance of hair fall; however, results may vary depending on individual factors, genetics, and consistency of use. Our products are positioned for "stronger roots" and "fuller-looking hair," but are not intended to diagnose, treat, cure, or prevent any medical condition.

Section 3 - Orders, Pricing, and Account Information All orders are subject to availability and confirmation. We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. Prices for our products and our bundled offers are listed in AED and are subject to change without notice. You agree to provide current, complete, and accurate purchase and account information for all purchases made at our store.

Section 4 - Third-Party Integrations and Liability We utilize various third-party integrations to fulfill your orders and operate our business. For example (but not limited to) We Use Paymob for our checkout processes and Quickup for our delivery operations. We may also deal with any other third parties for marketing or analytics.

We use the payment services of third-party payment processors, which may include Paymob, Inc. (https://www.paymob.com/), Tabbi Pay, Google Pay/Google Wallet (Google Wallet - Your Fast and Secure Digital Wallet / Google Pay), Apple Pay (Apple Pay), or any other provider accepted by Augustus Media. We do not process, record or maintain your credit card, bank account, or mobile provider account information. For more information on how payments are handled, or to understand the data security and privacy afforded such information, please refer to the terms and privacy policies of the respective Payment Processors, such as Policy - Paymob and Paymob Terms and Conditions

Please be advised that any issue, dispute, delay, error, or discrepancy that happens with a payment processor or delivery company needs to be sorted out directly with them and not with us. While we facilitate these integrations for your convenience, Hams Hair absolutely disclaims liability for their operational failures, technical glitches, lost packages, or payment gateway errors. We reserve the right to engage, partner with, or transition to any other third-party service providers for operations, marketing, or fulfillment at any time without prior notice.

Section 5 - Returns, Refunds, and Exchanges

Due to strict hygiene reasons and the sanitary nature of our cosmetic products, we do not accept returns or exchanges on opened, unsealed, or used products. If your order arrives physically damaged from transit or is incorrect, please contact our customer service team within 48 hours of delivery with photographic evidence.

Section 6 - Limitation of Liability

In no case shall Hams Hair, our directors, founder, officers, employees, affiliates, agents, contractors, or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product.

Section 7 - Disclaimer

All Hams Hair products are registered with Dubai Municipality and meet strict UAE safety standards, because your trust means everything to us. Hams Hair Growth Oil is designed to support stronger, thicker, and healthier hair over time. Developed with a trichology-based approach by our founder, a certified trichologist, it works by nourishing the scalp, supporting hair growth, and helping reduce excess hair fall. However, like anything in hair care, consistency matters and results can vary from person to person. Our products are cosmetic and not medical treatments. If you are pregnant, breastfeeding, or managing any medical condition, please consult your doctor before introducing new products into your routine. Always review the ingredient list carefully to ensure it suits you.

Section 8 - Intellectual Property Rights (IPR)

All content on this site, including but not limited to the text, graphics, logos, images, software, the AI Hair Diagnostic tool's underlying technology and data, and the compilation thereof, is the property of Hams Hair and protected by copyright, trademark, and other intellectual property laws. You agree not to copy, reproduce, transmit, distribute, sell, or exploit any portion of the service, use of the service, or access to the service without our express written permission. The Hams Hair name and logo are trademarks of Hams Hair.

Section 9 - Privacy Policy and Data Use

Your submission of personal information through the store is governed by our separate Privacy Policy, which is incorporated by reference into these Terms. By using the site and interacting with the AI Hair Diagnostic tool, you consent to the collection, use, and disclosure of your personal information, including diagnostic data, in accordance with our Privacy Policy. We adhere to all applicable data protection regulations.

Section 10 - User Conduct and Prohibited Use

You agree not to use the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

Section 11 - Termination

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site. We may terminate this agreement at any time without notice if, in our sole judgment, you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service. Upon termination, you will remain liable for all amounts due up to and including the date of termination.

Section 12 - Binding Arbitration and Governing Law

1. Binding Arbitration: You and Hams Hair agree that any dispute between you and Hams Hair arising out of or relating to this Agreement or your use of the Hams Hair Service shall be resolved by BINDING ARBITRATION administered by DIFC. .If you agree to arbitration with the company, you are agreeing in advance that you will not participate in or seek to recover monetary or other relief in any lawsuit filed against the company alleging class, collective, and/or representative claims on your behalf. Instead, by agreeing to arbitration, you may bring your claims against the company in an individual arbitration proceeding. If successful on such claims, you could be awarded money or other relief by an arbitrator. You acknowledge that you have been advised that you may consult with an attorney in deciding whether to accept this agreement, including this arbitration agreement.
2. Waiver of class action claims: by agreeing to arbitrate your claims against Hams Hair, (I) you give up your right to go to court and have your claims tried by a judge or jury (except for matters that may be taken to small-claims court); and (ii) you give up your right to participate in a class action or other class proceeding.
3. Right to Bring Small Claims Actions: The one exception to the exclusivity of arbitration is that you have the right to bring an individual claim in a small-claims court of competent jurisdiction. But whether you choose arbitration or small-claims court, you may not under any circumstances commence or maintain any class action, class arbitration, or other representative action or proceeding.
4. Arbitration Rules: The Federal Arbitration Act governs the interpretation and enforcement of this arbitration agreement. The arbitration proceeding shall be governed by the then-effective DIFC’ Comprehensive Arbitration Rules or Streamlined Arbitration Rules, depending on the amount in dispute, and DIFC Policy on Consumer Arbitrations Pursuant to Pre-Dispute Clauses. You have the right to a fair hearing before a neutral arbitrator and the opportunity to participate in the process of choosing the arbitrator. The arbitrator shall have the right to award all remedies that the court may award.
5. Court Proceedings: Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation (except for small-claims court actions) shall be commenced only in the federal or state courts located in Dubai International Financial Center (DIFC) or the jurisdiction of which the company subsidiary operates. You hereby irrevocably consent to the jurisdiction of those courts for such purposes an action and, to the extent permitted by law, both Hams Hair and you WAIVE ANY RIGHT TO A TRIAL BY JURY in such an action.
6. 30-Day Right to Opt Out: You have the right to opt out of the provisions of this arbitration agreement by sending written notice of your decision to opt out to the following address: info@hamshair.com , within 30 days after first becoming subject to this arbitration agreement. Your notice must include your name and address, your username (if any), the email address you used to set up your Account (if you have one), and an unequivocal statement that you want to opt out of this arbitration agreement. If you opt out of this arbitration agreement, all other parts of this Agreement will continue to apply to you. Opting out of this arbitration agreement has no effect on any other arbitration agreements that you may currently have, or may enter in the future, with us.
7. Governing Law: You may use the Service solely in accordance with the terms and conditions of this Agreement and all applicable laws, rules, and regulations, including without limitation the laws of the Service Location from which you access the Service.

Section 12 - SMS / Whatsapp / Email Terms and Conditions.

We, along with our service providers, may use an automatic telephone dialing system (“autodialer”), EDM broadcast software of Whatsapp business to deliver messages / newsletters to you. Our text messages are intended to provide you with information about our Services, including upcoming events, promotions, or information.

To opt-in to receive text messages/newsletters from any of our text messaging / newsletter program(s), please follow the instructions provided by the specific brand from which you wish to receive messages.

For SMS, message and data rates may apply to each message sent or received in connection with these text messages, as provided in your mobile telephone service rate plan (please contact your mobile telephone carrier for pricing plans), in addition to any applicable roaming charges. We do not impose a separate fee for sending our text messages. To get help, reply “HELP” to any message you receive. To stop receiving text messages, Whatsapp or SMS from a specific Hams Hair entity text messaging program, text STOP or UNSUBSCRIBE to the number of the entity. You will then receive confirmation of your opt-out of that text-messaging program.

Section 13 - General Provisions.

(a) Electronic Communications. The communications between you and Hams Hair use electronic means, whether you visit the Services or send e-mails, or whether Hams Hair posts notices on the Services or communicates with you via e-mail. For contractual purposes, you (a) consent to receive communications from Hams Hair in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications and documents that Hams Hair provides to you electronically will have the same legal effect that such communications or documents would have if they were set forth in “writing.” The foregoing sentence does not affect your statutory rights.

(b) Assignment. This Agreement, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated or otherwise transferred by you without Hams Hair’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.

(c) Force Majeure. Hams Hair shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.

(d) Severability: If any provision of this T&C is, for any reason, held to be invalid or unenforceable, the other provisions of this Agreement will remain enforceable, and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.

(e) Waiver: The failure of Hams Hair to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Hams Hair.

(f) Charity and Compliance with Fundraising Regulations: The services carried out by “Hams Hair” are not, shall not, and do not by any means reflect or constitute or imply or give the impression that “Hams Hair” is licensed for public or private fundraising, charitable contributions, or the collection of monetary donations in the UAE or any other territory. You acknowledge and agree that this platform is designed solely to facilitate connections between users for the offer and receipt of non-monetary support, such as goods, volunteer services, or in-kind aid. You must not use the Services to solicit, collect, or facilitate any monetary donations, cash equivalents, or conduct any activity that could be construed as regulated fundraising. You agree to comply with all applicable local, national, and international laws, including without limitation, all UAE regulations governing charitable activities and fundraising. Any use of the Services for monetary fundraising purposes is strictly prohibited and constitutes a breach of this Agreement, which may result in immediate termination of your access to the Services under Section 9.

(g) Questions, Complaints, Claims. If you have any questions, complaints or claims with respect to the Services, please contact us at the following address:

info@hamshair.com

(h) Notice. Where Hams Hair requires that you provide an e-mail address, you are responsible for providing Hams Hair with your most current e-mail address. In the event that the last e-mail address you provided to Hams Hair is not valid, or for any reason is not capable of delivering to you any notices required/ permitted by this Agreement, Hams Hair’s dispatch of the e-mail containing such notice will nonetheless constitute effective notice. You may give notice to Hams Hair at the following address:

info@hamshair.com

(i) Entire Agreement. This Agreement/TC is the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter.