Terms & Conditions
TERMS
AND CONDITIONS
Last
updated October 09, 2023
AGREEMENT
TO OUR LEGAL TERMS
We
are TailorYourChai ('Company', 'we', 'us', or 'our'), a company registered
in the United Arab Emirates , Dubai,
We operate the
website http://www.tailoryourchai.com (the 'Site'), as well as any other
related products and services that refer or link to these legal terms
(the 'Legal Terms') (collectively, the 'Services').
We
sell Chai masala, spices for your tea.
You can contact us
by phone at 0585026500, email at tailoryourchai@gmail.com,
These Legal Terms
constitute a legally binding agreement made between you, whether personally or
on behalf of an entity ('you'), and TailorYourChai,
concerning your access to and use of the Services. You agree that by accessing
the Services, you have read, understood, and agreed to be bound by all of these
Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE
EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE
IMMEDIATELY.
Supplemental terms and
conditions or documents that may be posted on the Services from time to time
are hereby expressly incorporated herein by reference. We reserve the right, in
our sole discretion, to make changes or modifications to these Legal
Terms at any time and for any reason. We will alert you about any changes
by updating the 'Last updated' date of these Legal Terms, and you
waive any right to receive specific notice of each such change. It is your
responsibility to periodically review these Legal Terms to stay informed of
updates. You will be subject to, and will be deemed to have been made aware of
and to have accepted, the changes in any revised Legal Terms by your continued
use of the Services after the date such revised Legal Terms are posted.
The Services are
intended for users who are at least 18 years old. Persons under the age of 18
are not permitted to use or register for the Services.
We
recommend that you print a copy of these Legal Terms for your records.
TABLE OF
CONTENTS
2. INTELLECTUAL PROPERTY RIGHTS
8. USER GENERATED CONTRIBUTIONS
14. MODIFICATIONS AND INTERRUPTIONS
22. ELECTRONIC COMMUNICATIONS,
TRANSACTIONS, AND SIGNATURES
1. OUR
SERVICES
The
information provided when using the Services is not intended for distribution
to or use by any person or entity in any jurisdiction or country where such
distribution or use would be contrary to law or regulation or which would
subject us to any registration requirement within such jurisdiction or country.
Accordingly, those persons who choose to access the Services from other
locations do so on their own initiative and are solely responsible for
compliance with local laws, if and to the extent local laws are applicable.
2.
INTELLECTUAL PROPERTY RIGHTS
Our
intellectual property
We are the owner or the
licensee of all intellectual property rights in our Services, including all
source code, databases, functionality, software, website designs, audio, video,
text, photographs, and graphics in the Services (collectively,
the 'Content'), as well as the trademarks, service marks, and logos contained
therein (the 'Marks').
Our Content and Marks
are protected by copyright and trademark laws (and various other intellectual
property rights and unfair competition laws) and treaties in the United States
and around the world.
The Content and Marks
are provided in or through the Services 'AS IS' for
your personal, non-commercial use only.
Your use
of our Services
Subject
to your compliance with these Legal Terms, including the 'PROHIBITED ACTIVITIES' section
below, we grant you a non-exclusive, non-transferable,
revocable licence to:
- access the
Services; and
- download or
print a copy of any portion of the Content to which you have properly
gained access.
solely for
your personal, non-commercial use.
Except as set out in
this section or elsewhere in our Legal Terms, no part of the Services and no
Content or Marks may be copied, reproduced, aggregated, republished, uploaded,
posted, publicly displayed, encoded, translated, transmitted, distributed,
sold, licensed, or otherwise exploited for any commercial purpose whatsoever,
without our express prior written permission.
If you wish to make any
use of the Services, Content, or Marks other than as set out in this section or
elsewhere in our Legal Terms, please address your request
to: tailoryourchai@gmail.com. If we ever grant you the permission to post,
reproduce, or publicly display any part of our Services or Content, you must
identify us as the owners or licensors of the Services, Content, or Marks and
ensure that any copyright or proprietary notice appears or is visible on
posting, reproducing, or displaying our Content.
We reserve all rights
not expressly granted to you in and to the Services, Content, and Marks.
Any breach of these
Intellectual Property Rights will constitute a material breach of our Legal
Terms and your right to use our Services will terminate immediately.
Your
submissions
Please
review this section and the 'PROHIBITED ACTIVITIES' section
carefully prior to using our Services to understand the (a) rights you give us
and (b) obligations you have when you post or upload any content through the
Services.
Submissions: By
directly sending us any question, comment, suggestion, idea, feedback, or other
information about the Services ('Submissions'), you agree to assign to us all
intellectual property rights in such Submission. You agree that we shall own
this Submission and be entitled to its unrestricted use and dissemination for
any lawful purpose, commercial or otherwise, without acknowledgment or
compensation to you.
You
are responsible for what you post or upload: By sending us
Submissions through any part of the Services you:
- confirm that
you have read and agree with our 'PROHIBITED ACTIVITIES' and will
not post, send, publish, upload, or transmit through the Services any
Submission that is illegal, harassing, hateful, harmful, defamatory,
obscene, bullying, abusive, discriminatory, threatening to any person or
group, sexually explicit, false, inaccurate, deceitful, or misleading;
- to the extent
permissible by applicable law, waive any and all moral rights to any such
Submission;
- warrant that
any such Submission are original to you or that you have the
necessary rights and licences to submit such
Submissions and that you have full authority to grant us the
above-mentioned rights in relation to your Submissions; and
- warrant and
represent that your Submissions do not constitute confidential
information.
You
are solely responsible for your Submissions and you expressly agree to
reimburse us for any and all losses that we may suffer because of your breach
of (a) this section, (b) any third party’s intellectual property rights, or (c)
applicable law.
By using the Services,
you represent and warrant that: (1) you have the legal capacity and
you agree to comply with these Legal Terms; (2) you are not a minor
in the jurisdiction in which you reside; (3) you will not access the Services
through automated or non-human means, whether through a bot, script or
otherwise; (4) you will not use the Services for any illegal or unauthorised purpose;
and (5) your use of the Services will not violate any applicable law or
regulation.
If you provide any
information that is untrue, inaccurate, not current, or incomplete, we have the
right to suspend or terminate your account and refuse any and all current or
future use of the Services (or any portion thereof).
4.
PRODUCTS
We
make every effort to display as accurately as possible the colours,
features, specifications, and details of the products available on the
Services. However, we do not guarantee that the colours, features,
specifications, and details of the products will be accurate, complete,
reliable, current, or free of other errors, and your electronic display may not
accurately reflect the actual colours and details of the
products. All products are subject to availability, and we cannot
guarantee that items will be in stock. We reserve the right to discontinue any
products at any time for any reason. Prices for all products are subject to
change.
We accept the following
forms of payment:
- Visa
- Mastercard
You agree to provide
current, complete, and accurate purchase and account information for all
purchases made via the Services. You further agree to promptly update account
and payment information, including email address, payment method, and payment
card expiration date, so that we can complete your transactions and contact you
as needed. Sales tax will be added to the price of purchases as deemed required
by us. We may change prices at any time. All payments shall be in AED.
You agree to pay all
charges at the prices then in effect for your purchases and any applicable
shipping fees, and you authorise us to charge your chosen payment
provider for any such amounts upon placing your order. We reserve the
right to correct any errors or mistakes in pricing, even if we have already
requested or received payment.
We reserve the right to
refuse any order placed through the Services. We may, in our sole discretion,
limit or cancel quantities purchased per person, per household, or per order.
These restrictions may include orders placed by or under the same customer
account, the same payment method, and/or orders that use the same billing or
shipping address. We reserve the right to limit or prohibit orders that, in our
sole judgement, appear to be placed by dealers, resellers, or
distributors.
6. RETURN POLICY
All
sales are final and no refund will be issued.
7. PROHIBITED
ACTIVITIES
You may not access or
use the Services for any purpose other than that for which we make the Services
available. The Services may not be used in connection with any
commercial endeavours except those that are specifically endorsed or
approved by us.
As a user of the
Services, you agree not to:
- Systematically retrieve data or other content from the Services to
create or compile, directly or indirectly, a collection, compilation,
database, or directory without written permission from us.
- Trick, defraud, or mislead us and other users, especially in any
attempt to learn sensitive account information such as user passwords.
- Circumvent, disable, or otherwise interfere with security-related
features of the Services, including features that prevent or restrict the
use or copying of any Content or enforce limitations on the use of the
Services and/or the Content contained therein.
- Disparage, tarnish, or otherwise harm, in our opinion, us and/or the
Services.
- Use any information obtained from the Services in order to harass,
abuse, or harm another person.
- Make improper use of our support services or submit false reports of
abuse or misconduct.
- Use the Services in a manner inconsistent with any applicable laws
or regulations.
- Engage in unauthorised framing of or linking to the
Services.
- Upload or transmit (or attempt to upload or to transmit) viruses,
Trojan horses, or other material, including excessive use of capital
letters and spamming (continuous posting of repetitive text), that
interferes with any party’s uninterrupted use and enjoyment of the Services
or modifies, impairs, disrupts, alters, or interferes with the use,
features, functions, operation, or maintenance of the Services.
- Engage in any automated use of the system, such as using scripts to
send comments or messages, or using any data mining, robots, or similar
data gathering and extraction tools.
- Delete the copyright or other proprietary rights notice from any
Content.
- Attempt to impersonate another user or person or use the username of
another user.
- Upload or transmit (or attempt to upload or to transmit) any
material that acts as a passive or active information collection or
transmission mechanism, including without limitation, clear graphics
interchange formats ('gifs'), 1×1 pixels, web bugs, cookies, or other
similar devices (sometimes referred to as 'spyware' or 'passive
collection mechanisms' or 'pcms').
- Interfere with, disrupt, or create an undue burden on the Services
or the networks or services connected to the Services.
- Harass, annoy, intimidate, or threaten any of our employees or
agents engaged in providing any portion of the Services to you.
- Attempt to bypass any measures of the Services designed to prevent
or restrict access to the Services, or any portion of the Services.
- Copy or adapt the Services' software, including but not limited to
Flash, PHP, HTML, JavaScript, or other code.
- Except as permitted by applicable law, decipher, decompile,
disassemble, or reverse engineer any of the software comprising or in any
way making up a part of the Services.
- Except as may be the result of standard search engine or Internet
browser usage, use, launch, develop, or distribute any automated system,
including without limitation, any spider, robot, cheat utility, scraper,
or offline reader that accesses the Services, or use or launch any unauthorised script
or other software.
- Use a buying agent or purchasing agent to make purchases on the
Services.
- Make any unauthorised use of the Services, including
collecting usernames and/or email addresses of users by electronic or
other means for the purpose of sending unsolicited email, or creating user
accounts by automated means or under false pretences.
- Use the Services as part of any effort to compete with us or
otherwise use the Services and/or the Content for any
revenue-generating endeavour or commercial enterprise.
- Use the Services to advertise or
offer to sell goods and services.
- Sell or otherwise transfer your
profile.
8. USER GENERATED CONTRIBUTIONS
The
Services does not offer users to submit or post content. We may provide
you with the opportunity to create, submit, post, display, transmit, perform,
publish, distribute, or broadcast content and materials to us or on the
Services, including but not limited to text, writings, video, audio,
photographs, graphics, comments, suggestions, or personal information or other
material (collectively, 'Contributions'). Contributions may be viewable by
other users of the Services and through third-party websites. As such, any
Contributions you transmit may be treated in accordance with the Services' Privacy
Policy. When you create or make available any Contributions, you thereby
represent and warrant that:
- The
creation, distribution, transmission, public display, or performance, and
the accessing, downloading, or copying of your Contributions do not and
will not infringe the proprietary rights, including but not limited to the
copyright, patent, trademark, trade secret, or moral rights of any third
party.
- You
are the creator and owner of or have the necessary licences, rights,
consents, releases, and permissions to use and to authorise us,
the Services, and other users of the Services to use your Contributions in
any manner contemplated by the Services and these Legal Terms.
- You
have the written consent, release, and/or permission of each and every
identifiable individual person in your Contributions to use the name or
likeness of each and every such identifiable individual person to enable
inclusion and use of your Contributions in any manner contemplated by the
Services and these Legal Terms.
- Your
Contributions are not false, inaccurate, or misleading.
- Your
Contributions are not unsolicited or unauthorised advertising,
promotional materials, pyramid schemes, chain letters, spam, mass
mailings, or other forms of solicitation.
- Your
Contributions are not obscene, lewd, lascivious, filthy, violent,
harassing, libellous, slanderous, or otherwise objectionable (as
determined by us).
- Your
Contributions do not ridicule, mock, disparage, intimidate, or abuse
anyone.
- Your
Contributions are not used to harass or threaten (in the legal sense of
those terms) any other person and to promote violence against a specific
person or class of people.
- Your
Contributions do not violate any applicable law, regulation, or rule.
- Your
Contributions do not violate the privacy or publicity rights of any third
party.
- Your
Contributions do not violate any applicable law concerning child
pornography, or otherwise intended to protect the health or well-being of
minors.
- Your
Contributions do not include any offensive comments that are connected to
race, national origin, gender, sexual preference, or physical handicap.
- Your
Contributions do not otherwise violate, or link to material that violates,
any provision of these Legal Terms, or any applicable law or regulation.
Any
use of the Services in violation of the foregoing violates these Legal Terms
and may result in, among other things, termination or suspension of your rights
to use the Services.
9. CONTRIBUTION LICENCE
You and Services agree
that we may access, store, process, and use any information and personal data
that you provide following the terms of the Privacy Policy and your
choices (including settings).
By submitting
suggestions or other feedback regarding the Services, you agree that we can use
and share such feedback for any purpose without compensation to you.
We do not assert any
ownership over your Contributions. You retain full ownership of all of your
Contributions and any intellectual property rights or other proprietary rights
associated with your Contributions. We are not liable for any statements or
representations in your Contributions provided by you in any area on the
Services. You are solely responsible for your Contributions to the Services and
you expressly agree to exonerate us from any and all responsibility and to
refrain from any legal action against us regarding your Contributions.
10. GUIDELINES
FOR REVIEWS
We may provide you areas
on the Services to leave reviews or ratings. When posting a review, you must
comply with the following criteria: (1) you should have firsthand experience
with the person/entity being reviewed; (2) your reviews should not contain
offensive profanity, or abusive, racist, offensive, or hateful language; (3)
your reviews should not contain discriminatory references based on religion,
race, gender, national origin, age, marital status, sexual orientation, or
disability; (4) your reviews should not contain references to illegal activity;
(5) you should not be affiliated with competitors if posting negative reviews;
(6) you should not make any conclusions as to the legality of conduct; (7) you
may not post any false or misleading statements; and (8) you may
not organise a campaign encouraging others to post reviews, whether
positive or negative.
We may accept, reject,
or remove reviews in our sole discretion. We have absolutely no obligation to
screen reviews or to delete reviews, even if anyone considers reviews
objectionable or inaccurate. Reviews are not endorsed by us, and do not
necessarily represent our opinions or the views of any of our affiliates or
partners. We do not assume liability for any review or for any claims,
liabilities, or losses resulting from any review. By posting a review, you
hereby grant to us a perpetual, non-exclusive, worldwide, royalty-free, fully
paid, assignable, and sublicensable right and licence to reproduce,
modify, translate, transmit by any means, display, perform, and/or distribute
all content relating to review.
11. SERVICES
MANAGEMENT
We
reserve the right, but not the obligation, to: (1) monitor the Services for
violations of these Legal Terms; (2) take appropriate legal action against
anyone who, in our sole discretion, violates the law or these Legal Terms,
including without limitation, reporting such user to law enforcement
authorities; (3) in our sole discretion and without limitation, refuse,
restrict access to, limit the availability of, or disable (to the extent
technologically feasible) any of your Contributions or any portion thereof; (4)
in our sole discretion and without limitation, notice, or liability, to remove
from the Services or otherwise disable all files and content that are excessive
in size or are in any way burdensome to our systems; and (5) otherwise manage
the Services in a manner designed to protect our rights and property and to
facilitate the proper functioning of the Services.
12. PRIVACY
POLICY
We care about data
privacy and security. Please review our Privacy Policy: https://tailoryourchai.com/store2/index.php?route=information/information&information_id=3. By using the Services,
you agree to be bound by our Privacy Policy, which is incorporated into these
Legal Terms. Please be advised the Services are hosted in the United
Arab Emirates. If you access the Services from any other region of the world
with laws or other requirements governing personal data collection, use, or
disclosure that differ from applicable laws in the United Arab
Emirates, then through your continued use of the Services, you are transferring
your data to the United Arab Emirates, and you expressly consent to
have your data transferred to and processed in the United Arab
Emirates.
13. TERM
AND TERMINATION
These Legal Terms shall
remain in full force and effect while you use the Services. WITHOUT LIMITING
ANY OTHER PROVISION OF THESE LEGAL TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE
DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE
SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY
REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY
REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE LEGAL TERMS OR OF ANY
APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE
SERVICES OR DELETE ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME,
WITHOUT WARNING, IN OUR SOLE DISCRETION.
If we terminate or
suspend your account for any reason, you are prohibited from registering and
creating a new account under your name, a fake or borrowed name, or the name of
any third party, even if you may be acting on behalf of the third party. In
addition to terminating or suspending your account, we reserve the right to
take appropriate legal action, including without limitation pursuing civil,
criminal, and injunctive redress.
14. MODIFICATIONS
AND INTERRUPTIONS
We reserve the right to
change, modify, or remove the contents of the Services at any time or for any
reason at our sole discretion without notice. However, we have no obligation to
update any information on our Services. We also reserve the right to
modify or discontinue all or part of the Services without notice at any time. We
will not be liable to you or any third party for any modification, price
change, suspension, or discontinuance of the Services.
We cannot guarantee the
Services will be available at all times. We may experience hardware, software,
or other problems or need to perform maintenance related to the Services,
resulting in interruptions, delays, or errors. We reserve the right to change,
revise, update, suspend, discontinue, or otherwise modify the Services at any
time or for any reason without notice to you. You agree that we have no
liability whatsoever for any loss, damage, or inconvenience caused by your
inability to access or use the Services during any downtime or discontinuance
of the Services. Nothing in these Legal Terms will be construed to obligate us
to maintain and support the Services or to supply any corrections, updates, or
releases in connection therewith.
15. GOVERNING
LAW
These Legal Terms shall
be governed by and defined following the laws of the United Arab
Emirates. TailorYourChai and yourself irrevocably consent
that the courts of the United Arab Emirates shall have
exclusive jurisdiction to resolve any dispute which may arise in connection
with these Legal Terms.
16. DISPUTE
RESOLUTION
Informal
Negotiations
To
expedite resolution and control the cost of any dispute, controversy, or claim
related to these Legal Terms (each a 'Dispute' and collectively, the
'Disputes') brought by either you or us (individually, a 'Party' and
collectively, the 'Parties'), the Parties agree to first attempt to negotiate
any Dispute (except those Disputes expressly provided below) informally for at
least thirty (30) days before initiating arbitration. Such informal
negotiations commence upon written notice from one Party to the other Party.
Binding
Arbitration
Any
dispute arising out of or in connection with these Legal Terms, including any
question regarding its existence, validity, or termination, shall be referred
to and finally resolved by the International Commercial Arbitration Court under
the European Arbitration Chamber (Belgium, Brussels, Avenue Louise, 146)
according to the Rules of this ICAC, which, as a result of referring to it, is
considered as the part of this clause. The number of arbitrators shall be two
(2). The seat, or legal place, or arbitration shall be Dubai, United
Arab Emirates. The language of the proceedings shall be English. The
governing law of these Legal Terms shall be substantive law
of the United Arab Emirates.
Restrictions
The
Parties agree that any arbitration shall be limited to the Dispute between the
Parties individually. To the full extent permitted by law, (a) no arbitration
shall be joined with any other proceeding; (b) there is no right or authority
for any Dispute to be arbitrated on a class-action basis or
to utilise class action procedures; and (c) there is no right or
authority for any Dispute to be brought in a purported representative capacity
on behalf of the general public or any other persons.
Exceptions
to Informal Negotiations and Arbitration
The
Parties agree that the following Disputes are not subject to the above
provisions concerning informal negotiations binding arbitration: (a) any
Disputes seeking to enforce or protect, or concerning the validity of, any of the
intellectual property rights of a Party; (b) any Dispute related to, or arising
from, allegations of theft, piracy, invasion of privacy,
or unauthorised use; and (c) any claim for injunctive relief. If this
provision is found to be illegal or unenforceable, then neither Party will
elect to arbitrate any Dispute falling within that portion of this provision
found to be illegal or unenforceable and such Dispute shall be decided by a
court of competent jurisdiction within the courts listed for jurisdiction above,
and the Parties agree to submit to the personal jurisdiction of that court.
17. CORRECTIONS
There
may be information on the Services that contains typographical errors,
inaccuracies, or omissions, including descriptions, pricing, availability, and
various other information. We reserve the right to correct any errors,
inaccuracies, or omissions and to change or update the information on the
Services at any time, without prior notice.
18. DISCLAIMER
THE SERVICES ARE
PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE
SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE
DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES
AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE
MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE
SERVICES' CONTENT OR THE CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED
TO THE SERVICES AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1)
ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY
OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND
USE OF THE SERVICES, (3) ANY UNAUTHORISED ACCESS TO OR USE OF OUR
SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL
INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION
TO OR FROM THE SERVICES, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE
WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR
(6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR
DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED,
TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. WE DO NOT WARRANT,
ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE
ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES, ANY HYPERLINKED
WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER
ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR
MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF
PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY
MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGEMENT AND
EXERCISE CAUTION WHERE APPROPRIATE.
19. LIMITATIONS
OF LIABILITY
IN NO
EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY
THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL,
SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF
DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING
TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER
AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED
TO THE AMOUNT PAID, IF ANY, BY YOU TO US. CERTAIN US STATE LAWS
AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE
EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR
ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY
HAVE ADDITIONAL RIGHTS.
20. INDEMNIFICATION
You agree to defend,
indemnify, and hold us harmless, including our subsidiaries, affiliates, and
all of our respective officers, agents, partners, and employees, from and
against any loss, damage, liability, claim, or demand, including reasonable
attorneys’ fees and expenses, made by any third party due to or arising out
of: (1) use of the Services; (2) breach of these Legal Terms; (3) any
breach of your representations and warranties set forth in these Legal Terms;
(4) your violation of the rights of a third party, including but not limited to
intellectual property rights; or (5) any overt harmful act toward any other
user of the Services with whom you connected via the Services. Notwithstanding
the foregoing, we reserve the right, at your expense, to assume the
exclusive defence and control of any matter for which you are
required to indemnify us, and you agree to cooperate, at your expense, with
our defence of such claims. We will use reasonable efforts to notify
you of any such claim, action, or proceeding which is subject to this
indemnification upon becoming aware of it.
21. USER
DATA
We will maintain certain
data that you transmit to the Services for the purpose of managing the
performance of the Services, as well as data relating to your use of the
Services. Although we perform regular routine backups of data, you are solely
responsible for all data that you transmit or that relates to any activity you
have undertaken using the Services. You agree that we shall have no liability
to you for any loss or corruption of any such data, and you hereby waive any
right of action against us arising from any such loss or corruption of such
data.
22. ELECTRONIC
COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Services,
sending us emails, and completing online forms constitute electronic
communications. You consent to receive electronic communications, and you agree
that all agreements, notices, disclosures, and other communications we provide
to you electronically, via email and on the Services, satisfy any legal
requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE
OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO
ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED
OR COMPLETED BY US OR VIA THE SERVICES. You hereby waive any rights or
requirements under any statutes, regulations, rules, ordinances, or other laws
in any jurisdiction which require an original signature or delivery or
retention of non-electronic records, or to payments or the granting of credits
by any means other than electronic means.
23. MISCELLANEOUS
These Legal Terms and
any policies or operating rules posted by us on the Services or in respect to
the Services constitute the entire agreement and understanding between you and
us. Our failure to exercise or enforce any right or provision of these Legal
Terms shall not operate as a waiver of such right or provision. These Legal
Terms operate to the fullest extent permissible by law. We may assign any or
all of our rights and obligations to others at any time. We shall not be
responsible or liable for any loss, damage, delay, or failure to act caused by
any cause beyond our reasonable control. If any provision or part of a
provision of these Legal Terms is determined to be unlawful, void, or
unenforceable, that provision or part of the provision is deemed severable from
these Legal Terms and does not affect the validity and enforceability of any
remaining provisions. There is no joint venture, partnership, employment or
agency relationship created between you and us as a result of these Legal Terms
or use of the Services. You agree that these Legal Terms will not be construed
against us by virtue of having drafted them. You hereby waive any and
all defences you may have based on the electronic form of these Legal
Terms and the lack of signing by the parties hereto to execute these Legal
Terms.
24. CONTACT
US
In order to resolve a
complaint regarding the Services or to receive further information regarding
use of the Services, please contact us at:
TailorYourChai
Dubai United
Arab Emirates
Phone: 0585026500
tailoryourchai@gmail.com