- 1. INTRODUCTION
The information and ingredients used in our Products is not intended to be, nor should be interpreted as, advice concerning the use of any Product. If you have any questions about your use of any Product, please read the Product label carefully and/or consult with your healthcare professional. If you have any allergies, medical conditions, and/or are pregnant, Elluna strongly recommends that you consult with your health care professional or perform a patch test to ensure that there is no reaction or sensitivity. Should you decide to perform a patch test first, discontinue if any irritation whatsoever occurs and immediately consult your healthcare professional. Our Products make no claim to cure or prevent any medical condition, and our advice is in no way intended to substitute other professional medical advice, and we hereby exclude any/all claims of being dermatologists and similar medical professionals.
- The definitions and rules of interpretation in this Clause 2 shall apply throughout these Terms:
“Account” means the Account you create with Elluna using your electronic mail (e-mail) account to access the Website;
- “Applicable Law(s)” means the relevant commercial and/or digital laws of the UAE and any country or region from where you are accessing the Website;
- “Content” means any information, text, links, graphics, photos, audio, videos, data, code, or other materials or arrangements of materials that you can view on, access, or otherwise interact with through the Website;
- “Elluna” is the Website powered by ELLUNA ORGANICS TRADING L.L.C, a company holding commercial license number 969565 and their respective directors, agents, servants, officers, and employees;
- “External Sites” has its meaning given to it under Clause 3.6 below;
- “GDPR” means the European Union General Data Protection Regulation 2016/679;
- “Intellectual Property” means all (i) patents, improvements thereof, patent applications and registrations, inventions (whether patentable or not) (ii) trademarks, trade names, trade-mark applications and registrations service marks, domain logos and designs; (iii) copyrights, copyright applications and registrations; (iv) trade secrets, know-how, and other intellectual property; and (v) computer systems and applications software, including all documentation and modifications thereof;
- “Minor” has its meaning given to it under Clause 11.15 below;
- “Order(s)” means any Products(s) purchased by the User;
- “Policies” means any terms, conditions, and policies (separate from these Terms), made available on the Website;
- “Product(s)” means any Product listed for sale on our Website;
- “Product Description” means and includes the description, images, availability, limitations, and safety measures, of the relevant Product(s) as posted by the respective Users on their separate accounts on the Website. The Product Description varies from one Product to another;
- “Terms” means the clauses of these Terms and Conditions;
- “Total Amount” has its meaning given to it under Clause 7.2 below;
- “Use” has its meaning given to it under Clause 6.3 (ii) below;
- “User” means the Account holder or a User of the Website;
- “VAT” means value added tax, deemed payable pursuant to the Federal Tax Authority regulations; and
- “Website” means the Website ellunaorganicbeauty.com owned by Elluna to provide and facilitate e-commerce services such as the sale and purchase of Product(s) to the User.
- 3. USE OF THE WEBSITE
- 3.1 The User may create an Account using their e-mail address in order to use and access certain features of the Website. Should the User wish to create an Account, then the User must provide complete and accurate information, and warrant to update such information as and when required. The User must keep their password confidential and is solely responsible for maintaining the confidentiality and security of their own Account, all changes and updates submitted through their Account, and all activities that occur in connection with their Account. The User is encouraged to use strong eight (8) character passwords, with a combination of upper-case and lower-case letters, numbers, and symbols.
- 3.2 The User shall have the option to log in using a pre-existent account on a third-party application programming interface (API), including, Google and Facebook, in order to use and access certain features of the Website. Elluna shall not be responsible for the storage of data once the User is directed to a third-party API.
- 3.3 In creating an Account, you represent and warrant that all information provided to us in such process is true, accurate, and correct, and that you will update your information as and when necessary in order to keep it recent. You may not impersonate any person or entity, create, or use an Account for anyone other than yourself, provide an e-mail address other than your own, provide or use false information to obtain access to the Website that you are not legally entitled to claim, or otherwise mislead as to the origin of a card or other content. You acknowledge that any access to Elluna using falsely claimed Accounts may cause us, or third parties, to incur substantial economic damages and losses for which you may be held liable and accountable.
- 3.4 The User warrants and represents that you are at least eighteen (18) years of age and are able to enter into legally binding agreements.
- 3.5 We reserve the right to amend these Terms at any time without prior notice, and the Users’ continued use of the Website following the amendments represents the Users’ agreement to be bound by the Terms as amended. It is hence the responsibility of each User to review these Terms regularly while using the Website.
- 3.6 We may, from time to time, decide to change, update, or discontinue certain features of the Website. You agree and understand that we have no obligation to store or maintain your Content or other information you provide, except to the extent required by the Applicable Law(s).
- 3.8 The Website will include external links to Elluna’s Instagram
- 3.9 We may also select certain websites as priority responses to search terms that you enter, and we agree to allow advertisers to respond to certain search terms with advertisements or sponsored content. We do not recommend, nor do we endorse, the content of any third-party websites. We are not responsible for the content of linked third-party websites, websites framed within our Website, third-party websites provided as search results, or third-party advertisements, and do not make any representations regarding their content or accuracy. Your use of third-party websites is at your own risk and subject to the terms and conditions of use for such sites. We do not endorse any services advertised on the Website.
- 3.10 Some Content you see or otherwise access on, or through the Website, is used for commercial purposes. You agree and understand that we may place advertising and promotions on the Website alongside, near, adjacent, or otherwise in close proximity to your Content for commercial purposes.
- 3.11 In the event of any breach or violation of any Terms hereunder, Elluna reserves the right to pursue legal remedies available under the Applicable Law(s).
4. PROHIBITED ACTIVITIES
- 4.1 The Content and information available on the Website are proprietary to Elluna or licensed to Elluna by third parties. Users agree that they shall not engage in any of the following activities in connection with your use of the Website:
- i. post information on the Website that is obscene, defamatory, threatening, or malicious in nature, or any other material that is prohibited by the Applicable Law(s);
- ii. publish any copyright material, or material protected by any other Intellectual Property rights, unless a legal right to use and post such material has been obtained and is valid at the time of posting;
- iii. infringe or use Elluna’s brand, logo(s), and/or trademark(s) in any business name, e-mail, URL, or other context unless expressly approved in writing by the owner of the Intellectual Property as applicable;
- iv. attempt to circumvent any protective technological measure associated with the Website;
- v. violate the restrictions of any robot exclusion headers on the Website, bypass, or circumvent their measures employed to prevent or limit access to the Website;
- vi. access, monitor, reproduce, distribute, transmit, broadcast, display, sell, license, copy, or otherwise exploit any Content of the Website, including, but not limited to, User profiles and photos, using any robot, spider, scraper, or other automated means, or any manual process for any purpose not in accordance with these Terms, or without the express written authorisation from Elluna;
- vii. attempt to access or search the Website or any Content contained therein through the use of any engine, software, tool, agent, device, or mechanism (including scripts, bots, spiders, scraper, crawlers, data mining tools or the like) other than through software generally available through web browsers (such as search engines like Google and Yahoo);
- viii. download any Content unless it is expressly made available for download by Elluna from the Website;
- ix. post, upload, transmit, or otherwise distribute chain letters, pyramid schemes, advertising, or spam;
- x. impersonate or misrepresent your affiliation with another person or entity;
- xi. harvest or otherwise collect information about others, including telephone numbers for unlawful purposes;
- xii. interfere with, or disrupt any of the associated computer or technical delivery systems;
- xiii. interfere with, or attempt to interfere with, the access of any User, host, or network, including, but not limited to, sending a virus, overloading, flooding, spamming, or mail-bombing the Website;
- xiv. modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products, or services obtained from or through the Website; and
- xv. use the Website, or any Content on the Website, in any manner not permitted by these Terms.
- 4.2 Users agree not to use the Website in any way or action that may:
- i. cause damage to, or impair the performance of the Website, inclusive of its availability and accessibility to Users and Elluna;
- ii. be illegal, fraudulent, or harmful to any person or company in any direct or indirect manner; and
- iii. use the Website to copy, store, host, transmit, send, use, publish, or distribute any material which consists of (or is linked to) any spyware, computer virus, trojan horse, worm, keystroke logger, rootkit, or other malicious computer software.
5. PROHIBITED ITEMS
- You agree to not sell, purchase, or transmit photos, videos, graphics, links, or any other form of print or digital media of items that are not permitted to be sold, purchased, and listed for sale on the Website, through the Website, as per the relevant Applicable Laws. These prohibited items may include, but are not limited to:
- i. Alcohol, drugs, tobacco, narcotics, controlled substances in any form, and any related products thereof;
- ii. Adult and mature content including any related products thereof;
- iii. Gambling tools, machinery, and other items that facilitate gambling;
- iv. Animals;
- v. Illegal wildlife products;
- vi. Nylon fishing nets;
- vii. Live animals, insects, pets, marine life, and any other mammals and species;
- viii. Counterfeit and replica items, unauthorised recordings, pirated copies, or any other unauthorised items;
- ix. Used, reconditioned, and inlaid tyres;
- x. Radioactive and nuclear material and any devices or containment units for the storage or transportation of these materials;
- xi. Items that contradict Islamic faith and public morals as is expected in the UAE;
- xii.Paan and betel leaves;
- xiii. Dangerous items;
- xiv. Recalled items;
- xv. Illegal items or items encouraging illegal activity;
- xvi. Intangible items and advertisements for the provision of services;
- xvii. Offensive materials; and
- xviii. Any other goods or items, the importation of which is prohibited under the Common Customs Law or any other law or regulation applicable in the UAE.
- 6.1 Ownership of Elluna’s Content and Intellectual Property Rights
- i. Subject to the express provisions of these Terms, we own, control, license, or reserve all Intellectual Property rights and Content used on the Website. You agree not to use, remove, alter, modify, create derivative works of, or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the Website or Content. You must not use any part of the Content on our Website for commercial purposes without first obtaining a license to do so from us or our licensors;
- ii. Any/all Content posted on the Website and/or submitted by the Users to Elluna has been licensed to Elluna for any/all purposes that Elluna may deem necessary in order to run the Website. We authorise you to view or download a single copy of the material on the Website solely for your personal, non-commercial use, if you include the copyright notice located at the end of the material, for example: “©2021, Elluna All rights reserved” and other copyright and proprietary rights notices that are contained in the Content;
- iii. Any use of the Content not expressly permitted by these Terms is a breach of these Terms and may violate Intellectual Property, and other Applicable Law(s). Content and features are subject to change or termination without notice in the editorial discretion of Elluna. All rights not expressly granted herein are reserved to Elluna and its licensors.
- 6.2 Your License to Elluna’s Content
- i. We grant you a personal, limited, non-exclusive, and non-transferable license to access and use the Website only as expressly permitted in these Terms. You shall not use the Website for any illegal purpose or in any matter inconsistent with these Terms. You may use information made available through the Website solely for your personal, non-commercial use. You agree not to use, copy, display, distribute, modify, broadcast, translate, reproduce, reformat, incorporate into advertisements and other works, sell, promote, create derivative works, or in any way exploit or allow others to exploit any of our Content in whole or in part, except as expressly authorised by us. Except as otherwise expressly granted to you in writing, we do not grant you any other express or implied right or license to our Content or Intellectual Property rights;
- ii. If you violate any of these Terms, your permission to use the materials automatically terminates and you must immediately destroy any copies you made of any part of the materials. You may also be potentially liable for Intellectual Property rights infringement based on the circumstances.
- 6.3 Elluna’s License to User Content
- i. Upon submission of Your Content, you hereby grant Elluna a perpetual, non-exclusive, irrevocable, fully paid, royalty-free, assignable, sub-licensable, and transferable right to use Your Content and all Intellectual Property rights therein for any purpose or Use that we deem necessary;
- ii. For the avoidance of doubt, “Use” means, but is not limited to, use, copy, display, distribute, modify, translate, reformat, incorporate into advertisements and other works, analyze, promote, commercialise, and create derivative works of;
- iii. You grant us the right to use the name or username that you submit in connection with Your Content. You irrevocably waive any claims and assertions of moral rights or attribution with respect to Your Content brought against us or our Users;
- iv. You represent and warrant that Your Content is accurate, that the use of Your Content does not violate these Terms and will not cause injury to any person or entity, and that you will indemnify Elluna from any/all claims resulting from Your Content;
- v. We reserve the right, at any time and without prior notice, to remove, block, or disable access to whole or any part of Your Content or Your Account that we, for any reason consider to be objectionable, in violation of the Terms or otherwise harmful to the Website or our Users at our sole discretion. Subject to the requirements of the Applicable Law(s), we are not obligated to return any of Your Content to you under any circumstances and assume no liability for any Content posted by You.
- 6.3 Elluna’s License to User Content
7. PAYMENT TERMS
- 7.1 The transactions on the Website shall either take place through cash on delivery, or through a third-party payment facilitator. As such, Elluna has partnered with Network International. Therefore, Users must ensure that any/all information provided when creating an Account is accurate and recent, including, but not limited to, payment details.
- 7.2 Upon checkout, the Total Amount to be paid is the sum of the Total Amount for all the Products purchased and this shall be made in Arab Emirates Dirhams (AED) (“Total Amount”).
- 7.3 The price of the Product(s) shall exclude VAT (unless otherwise stated). Elluna reserves the right to change the prices at any time, without prior notice and at our sole discretion. Additionally, all prices could be subject to additional charges for VAT in the future, once deemed applicable.
- 7.4 Your continued use of our Website and input of any information during checkout would be considered as your authorization for us to share any/all information registered by you with our respective third-party payment facilitator.
- 7.5 We reserve the right, at any time, to add or remove our existing third-party payment facilitator or include additional third-party payment facilitators without prior notice, which may be subject to additional terms and conditions.
- 7.6 Elluna shall not be held liable for the safety and security of your payment information once you have been redirected to the respective third-party payment facilitators’ webpage in order to complete your purchase. Your use of our respective third-party payment facilitator is subject to the compliance of their Elluna and terms and conditions.
- 7.7 Elluna shall not be held liable for any issues arising out of the payment process using the respective third-party payment facilitator once you have been redirected to their page in order to complete the payment.
- 7.8 If the payment for the Products has been settled in full via Network International, Users shall immediately receive payment confirmation after they have purchased the Products.
- 7.9 For any issues with regards to the Orders and/or payment process, please contact our customer service at [email protected], for us to assist you better.
Cash on delivery
- 7.10 You must be able to pay the exact Total Amount when your Order is delivered. If you refuse to accept a cash on delivery order once it has arrived at your designated address, you agree that Elluna may pursue legal options in order to recoup the relevant delivery costs, along with any other Additional Fees and Charges we may incur as a result of you refusing the delivery.
- 7.11 Should the User wish to cancel any Order already made, the User shall be provided with a twelve (12) hour window to cancel any such Order from the time that the Order was placed.
- 7.12 The User shall not be able to cancel any Orders should they fail to adhere to the twelve (12) hour cancellation window above, or else the User shall be charged a cancellation fee which shall be determined at Elluna’s sole discretion.
Returns and Refunds
- 7.13 In the event the User requests for a refund, they may do so only under the following circumstances:
- i. the Product has a manufacturing defect (including, but not limited to, a leak). In such an event, Elluna shall bear the relevant return cost and replace the Product free of cost;
- ii. the Product was damaged during delivery; and/or
- iii. the Product is not the same as the one in your Order.
- 7.14 The following Product categories cannot be returned under any circumstances due to health, safety, and hygiene reasons:
- i. all cosmetic and skincare Products
- ii. all lingerie Products (unless the condition in Clause 7.16 below is met);
- iii. any other Products that may be deemed unsanitary to return. Such Product returns shall be determined at the sole discretion of Elluna.
- 7.15 For damaged and/or incorrect Product(s), please contact us so that we provide you with the requisite details required to return the Product(s) and retrieve any refund(s) and/or replacement(s) that may be applicable. We reserve the right to determine whether or not to process the refund at our sole discretion.
- 7.16 Pursuant to Clause 7.14 (ii) above, please note that Users may order two (2) sizes from different Products (including swim wear and undergarments) and must try on the Products as soon as Elluna has personally delivered the same. If the Product does not fit, then the User may return the same immediately after delivery.
- 7.17 Should Users be entitled to a refund, such refunds shall be made using the original mode of payment and will be processed within one (1) to two (2) working weeks, or may be credited into the User’s Account for future purchases. Kindly ensure that you retain a copy of your Order purchases and transaction records.
- 7.18 For any other situation, please contact us at [email protected], so we are able to assist you based on your specific inquiry and/or complaint.
8. DELIVERY OF ORDERS
- 8.1 Elluna shall not be held liable for the inappropriate or incorrect use of any Product(s) listed by us, any injuries, and/or damages sustained from any use other than the intended use as per the Product Description.
- 8.2 Purchasing a Product in any other way than intended shall not be tolerated on our Website and may result in Account review and action, including temporary or indefinite suspension and/or termination.
Delivery by Elluna
- 8.3 Elluna shall deliver the Products to the Users within one (1) to three (3) working days, and shall endeavor, to the best of their ability, to ensure that all deliveries reach the User in a safe and timely manner.
- 8.4 The User shall be solely responsible for providing correct and accurate information with respect to their personal details, including, but not limited to, the designated address and contact details, and ensure that the User is available at the scheduled time of delivery (if applicable). Elluna shall bear no liability whatsoever with respect to any/all delivery issues (including but not limited to, delayed deliveries etc.) due to incorrect or inaccurate User information, and/or due to the User’s non-responsiveness and inability to receive the Order upon the scheduled time of delivery.
- 8.5 If the Order is above two hundred Dirhams (AED 200), then there shall be no delivery fee. However, if the Order is below two hundred Dirhams (AED 200), then the User shall be charged a delivery fee of twenty-five Dirhams (AED 25).
- 8.6 Please note that there may be non-serviceable and remote areas that Elluna may not deliver to. This shall be determined at Elluna’s sole discretion, upon having received the User’s delivery details.
- 8.7 Elluna shall not be responsible for any charges whatsoever with reference to deliveries or charges not paid by the User for Products purchased on the Website.
Delivery by third-party delivery aggregator
- 8.8 Elluna has partnered with a third-party delivery aggregator, in order to deliver Orders to the Users within one (1) to three (3) working days. We may add or remove delivery aggregators at any time and at our sole discretion, which may be subject to additional terms and conditions.
- 8.9 The third-party delivery aggregator shall endeavor, to the best of their abilities, to ensure that any/all deliveries reach the User in a safe and timely manner. Elluna shall not be held liable and/or responsible for any delays and/or other issues that may arise.
- 8.10 The User shall be solely responsible for providing correct and accurate information with respect to their personal details, including, but not limited to, the designated address and contact details, and ensure that the User is available at the scheduled time of delivery (if applicable). Elluna shall bear no liability whatsoever with respect to any/all delivery issues (including but not limited to, delayed deliveries, issues with the third-party delivery aggregators etc.) due to incorrect or inaccurate User information, and/or due to the User’s non-responsiveness and inability to receive the Order upon the scheduled time of delivery.
- 8.11 Please note that the delivery aggregator shall not deliver to any non-serviceable areas. For any remote areas, there shall be an additional minimum charge which shall be solely determined by the delivery aggregator. Such areas can be found here.
9. USER RATING, REVIEWS, AND FEEDBACK
- 9.1 Users are able to rate, review, and provide feedback for the Products on our Website through a description and star rating system.
- 9.2 User reviews, ratings, or feedback do not reflect the opinion of Elluna. Elluna receives multiple reviews by Users, which reflect the opinions of each individual User. It is pertinent to state that each and every review posted on our Website is the personal opinion of that User only.
- 9.3 Users agree that they shall use reasonable and good faith efforts to ensure that neither engages in any vilification of Elluna, and shall refrain from making any false, negative, critical, or disparaging statements, implied or expressed, concerning Elluna and the Products listed on the Website. This, however, shall not apply towards any truthful statement made as required by any Applicable Law(s) or by a court or authority of competent jurisdiction.
- 9.4 Users agree and accept that by providing your Content to or through the Website, or otherwise including any of your Content that is transmitted to your Account by virtue of your rating, reviews, feedback, questions, photographs or videos, comments, suggestions, ideas etc. you grant us a non-exclusive, royalty-free, perpetual, transferable, irrevocable, and fully sub-licensable right to:
- i. host, use, reproduce, modify, run, adapt, translate, distribute, publish, create derivative works from, and publicly display and perform such Content of yours throughout the world in any media, now known or hereafter devised;
- ii. make your Content available to the rest of the world and to let others do the same;
- iv. use the name and/or trademark that you submit in connection with such Content of yours. You acknowledge that we may choose to provide attribution of Your Content at our discretion. You acknowledge and agree that Your Content is non-confidential and non-proprietary. You affirm, represent, and warrant that you own or have the necessary licenses, rights (including copyright and other proprietary rights), consents, and permissions to publish and otherwise use Your Content as authorised in these Terms.
- 9.5 The Terms of this Clause 9 do not grant other Users a license to host, use, reproduce, modify, run, adapt, translate, distribute, publish, create derivative works from, and publicly display and perform such Content of yours throughout the world in any media, now known or hereafter devised.
10. COMMUNICATION GUIDELINES
- 10.1 Pursuant to Clause 9 above, our Website enables Users to rate, review, and provide feedback regarding the Products listed on our Website. Users should ensure appropriate online conduct and behaviour in which Elluna reserves the right to review and/or delete at their sole discretion, prior to such reviews being visible to other Users on the Website.
- 10.2 The Website is only to be used for its intended purpose. You may not use the Content provided through the Website in any manner or for any purpose other than that which is expected.
- 10.3 Any/all ratings, reviews, and feedback should be conducted in a professional and respectful manner. Abusive or offensive language, which may be deemed as political, discriminative, threatening, sexual, or of religious nature, as well as any other inappropriate behaviour which violates our Terms, will not be tolerated on our Website and may result in Account review and action, including temporary or indefinite suspension and/or termination.
- 10.4 You may not post or submit Content that includes inflammatory speech, endorses, or promotes illegal, immoral, or harmful activities, including obscene content, incitement of lawless action, or activities that may lead to other Users’ harm in any manner.
- 10.5 You may not post or submit information or comments on the Website and on third-party social media platforms that are obscene, defamatory, threatening, malicious, slanderous, or disparaging in nature, or any other material that is prohibited by law, about Elluna and its Website.
- 10.6 Any dispute, complaint, disagreement, or conflict with any User, should be brought to the attention of Elluna. Elluna shall not bear any liability for mitigating such disputes between the parties as this will be the sole responsibility of the parties involved.
- 10.7 Users acknowledge and accept that an actual or threatened breach of any Term(s) of this Clause 10 may be penalised by implementing any one or more of the following:
- i. Removal/deactivation of their Account from our Website; and/or
- ii. Disqualifying their use of our Website indefinitely unless a written approval has been obtained by us allowing them to recreate their Account.
- 10.8 Elluna shall not be held liable for any loss or damage experienced by any person as a result of implementing the penalties above.
- 10.9 Elluna shall not be liable for any direct, indirect, or consequential loss or damage (whether for loss of profit, loss of business, depletion of goodwill or otherwise), claims of death or personal injury, costs, expenses, or other claims for consequential compensation whatsoever (and howsoever) caused, including slander or personal offence which arise out of use or in connection with the Website’s communication.
11. WARRANTIES AND DISCLAIMERS
- 11.1 You agree and acknowledge that the Website are provided on an “as is” basis. Except as otherwise specifically set forth herein, Elluna does not make, and hereby disclaims any and all warranties, express or implied, including, but not limited to, implied warranties of merchantability, quality, fitness for a particular use or purpose, technical performance, quiet enjoyment or non-infringement, and any warranties arising out of course of dealing or usage of trade and services.
- 11.2 We make no warranty that the Website or the Content will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty as to the accuracy, timeliness, completeness, or reliability of any Content obtained through the Website. No information provided through the Website or by us, whether in oral or written form, will create any warranty not expressly made herein. Your reliance upon the Content obtained or used by you through the Website is solely at your own risk.
- 11.3 Elluna does not endorse any Content posted, submitted, or otherwise provided by any User, or any opinion, recommendation, or advice expressed therein. We expressly disclaim any and all liability in connection to such Content. You agree that we are not responsible for the accuracy, consistency, or completeness of information uploaded and displayed on our Website.
- 11.4 Elluna takes no responsibility and assumes no liability for any Content posted, stored, transmitted, or uploaded to the Website by you (in the case of Your Content), or any third party (in the case of any and all Content more generally), or for any loss or damage thereto, nor are we liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography, or profanity you may encounter.
- 11.5 Users acknowledge that Elluna may store, record, or document any information exchanged between Users and Elluna, and that Elluna uses the most up-to date applications and security systems to ensure that all data entered online, through the Website, is encrypted.
- 11.6 Users must ensure the accuracy and authenticity of any and all information they supply to us through the Website including, but not limited to, personal data, as well as information supplied by the User on behalf of any third-party the User wishes to refer to Elluna.
- 11.7 Users acknowledge that Elluna will process personal data including, but not limited to, names and e-mail addresses in order to provide continued access to the Website, make improvements to the Website, and prevent unauthorised use of the Website.
- 11.8 Users agree that Elluna is not responsible now or at any time in the future for any unauthorised access including, but not limited to, any virus or other harmful code that may infect the User’s computer, tablet, smartphone, or any other such device as a result of using the Website.
- 11.9 Users shall be responsible for obtaining, maintaining, and setting up any equipment and/or hardware required to access and use the Website and the User shall take responsibility for the protection of this equipment and/or hardware by using up-to-date virus protection, personal firewalls, and any other suitable measures the User deems necessary to ensure the security of the Website is not compromised.
- 11.10 Users accept that Elluna shall not be held liable in the event the Website transmits information that has been accessed, altered, and/or corrupted.
- 11.11 Users accept that Elluna may be required to suspend access to the Website for periodic maintenance and/or unforeseen downtime and may do so at its own sole discretion without serving any prior notice.
- 11.12 All interactions between Users and Elluna must be carried out in a responsible, ethical, professional, and legal manner.
- 11.13 We may do any or all of the following without notice:
- i. investigate your use of the Website as we deem appropriate to comply with any Applicable Law(s), regulation(s), government request(s), or legal process(es);
- ii. terminate your access to the Website, and suspend your Account temporarily or indefinitely, upon our determining on whether you have violated these Terms; and
- iii. edit the Website and any Content without giving you prior notice.
- 11.14 While using the Website, you make the following representations and warranties to Elluna:
- i. you are eighteen (18) years of age or older and are legally allowed to use the Website; and
- ii. you acknowledge and understand that you are solely responsible for any information you may choose to disclose to Elluna.
- 11.15 The Products that will be advertised on the Website shall be made available to Users of the minimum age of eighteen (18). We are committed to protecting the privacy of children. Hence, we do not encourage persons under the age of 18 (“Minor”) to use the Website. If a Minor would like to access the Website, they should take the assistance of a parent/guardian/adult authorised with that Minor’s supervision. We do not personally collect identifiable information from any person we know is a Minor.
- 11.16 In the event, a Minor has (i) created an Account; (ii) used an Account belonging to the parent/guardian/adult; and/or (iii) used the Website for any purposes, the Account holder and/or User warrants and represents that such actions are performed under the guidance of an adult after obtaining the relevant consent from the parent/guardian/adult. The User accepts that the Minor is bound by the same Terms and agrees that Elluna is not liable or responsible for the User’s failure to act in accordance with this Clause 11.16.
- 11.17 When a User visits the Website or sends us e-mails, they are communicating with us electronically, and they hereby consent to receiving communications from us electronically. We will communicate with Users primarily by e-mail but may use other methods such as telephone or messages on the Website to communicate if we deem necessary. Users agree that all agreements, notices, disclosures, and other communications that we provide to Users electronically satisfy any legal requirement that such communications be in writing. Users agree to provide us with their current and active e-mail address.
- 11.18 We may share Users’ personal information with Elluna’s partners and third parties licensed to access User personal information. This will include any third-party aggregators partnered with the Website, including, but not limited to, delivery aggregators, third-party payment facilitators, and any other platform and/or entity that we are engaged with in enhancing our business from time to time.
- 11.19 Users are responsible for taking all reasonable steps to ensure that no unauthorised person receives access to your passwords or Accounts. You grant us and all other persons or entities involved in the operation of the Website the right to transmit, monitor, retrieve, store, and use your information in connection to the operation of the Website. We do not assume any responsibility or liability for any information you submit, or third parties’ use or misuse of information transmitted or received using Website tools and services.
- 11.20 We hereby exclude any and all other representations and warranties relating to the subject matter of these Terms, the Website, and use of the Website in any manner other than expressly stated herein.
- 12.2 We adopt standard data collection, storage, processing practices, and security measures in accordance with UAE ICT and TRA laws, as well as GDPR rules and regulations, in order to protect against unauthorised access, alteration, disclosure, or destruction of Users’ data stored on our Website.
- 12.3 You agree and acknowledge that we reserve the right to change these general practices at any time and at our sole discretion.
13. LIMITATION OF LIABILITY
- 13.1 You understand and agree that in no event shall the officers, directors, employees, agents, or licensors of Elluna be held liable for any indirect, incidental, special, exemplary, or consequential damages arising out of or in connection to the Content or any Product, including, but not limited to, any damages resulting from loss of use, data, or profits, whether or not we have been advised of the possibility of such damages, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with these Terms, or from: (1) the use or inability to use the Content; (2) unauthorised access to or alteration of Your Content; (3) statements or conduct of any User; (4) inaccurate information provided on the Website; (5) use or inability to use the Product; or (6) any other matter related to the Website and its Content, whether based on warranty, intellectual property, contract, tort (including negligence), product liability or otherwise.
- 13.2 We will not be liable for any loss or damage caused by viruses or other technologically harmful material that may infect your computer and mobile equipment, programs, data, or other proprietary material due to your use of our Website or to your downloading of any material posted on it.
- 13.3 We will not be held liable for any Content uploaded onto or downloaded from the Website. Any Content uploaded to or downloaded from the Website shall be the sole responsibility of the Users. Elluna shall not be held liable for any Content which has been lost, stolen, destroyed or otherwise, whether uploaded to, or downloaded from the Website with or without the consent of the Users.
- 13.4 We shall not be held responsible for the quality, accuracy, or legitimacy of any information provided to Elluna by Users, or to Users through the Website. You hereby acknowledge and agree that your acceptance of information provided to Elluna is of your own choice and we shall not be held liable for any loss or damage resulting from your reliance on any information, conversations, or Content thereof made available to you.
- 13.5 Users agree that they will not bring any claim against Elluna or any of our officers, directors, employees, agents, and licensors in respect of any losses they suffer in connection to the Website or these Terms.
- Users agree to indemnify, defend, protect, and hold each of us and our respective officers, directors, employees, agents, and licensors, harmless from and against any and all claims, actions, demands, liabilities, settlements, lawsuits, and costs of every kind pertaining to any violation of the law or these Terms. Such costs include, but are not limited to, reasonable legal and accounting fees, resulting from, or alleged to result from, your access to, or use of the Website and the Content, or your violation of these Terms.
- 15.1 If Elluna becomes aware of any possible violations by you of these Terms, then we reserve the right to investigate such violations. If, as a result of the investigation, we suspect or have reason to believe that criminal activity has occurred, then we shall refer the matter to any relevant applicable legal authorities.
- 15.2 Elluna is entitled, except to the extent prohibited by the Applicable Law(s), to disclose any information or materials on the Website, including Your Content, to:
- i. comply with Applicable Law(s), legal process(es), or governmental request(s);
- ii. enforce the Terms;
- iii. respond to any claims that Your Content violates the rights of third parties;
- iv. respond to your requests for customer service, provided no confidential information is being divulged (customer service will only have access to details that will aid them in responding to queries regarding your Listing(s), Order(s), Account, or access to the Website); or
- v. protect the rights, property, or personal safety of Elluna, its Users, or the public, and all enforcement or other government officials, as Elluna in its sole discretion deems to be necessary or appropriate;
- 15.3 In the event, the User has violated these Terms, Elluna can temporarily suspend the User’s Account or indefinitely terminate the Account at our sole discretion.
- If any court or competent legal authority decides that any of the provisions or paragraphs of these Terms are invalid, unlawful, or unenforceable to any extent, the Term will, to that extent only, be severed from the remaining Terms, which will continue to be valid to the fullest extent permitted by the Applicable Law(s).
- 17.1 If we fail to insist upon strict performance of any of the Users’ obligations under these Terms, or if we fail to exercise any of the rights or remedies to which we are entitled under these Terms, this will not constitute a waiver of such rights or remedies and will not relieve Users from compliance with such obligations.
- 17.2 Waiver by us of any particular default(s) will not constitute a waiver of any subsequent default(s).
18. THIRD-PARTY RIGHTS
- These Terms are between the Users and us. No other third-party shall have any right to enforce any of its terms, unless expressly stated in these Terms, or as authorised in writing by Elluna.
19. FORCE MAJEURE
- 19.1 Elluna shall not be responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by events outside our reasonable control including, but not limited to, acts of God, internet failure, malfunction of data/database/software, service errors, updates to the Website (including, but not limited to, maintenance, repairs, bugs, fixtures, and any other technical issues on the Website), or otherwise, fire, flood, severe weather, explosion, war, riot, civil commotion, act of terrorism, industrial dispute (whether or not involving Elluna’s employees), epidemics, pandemics, lockdowns, cancellations due to outbreaks of viruses, or acts of local or central government or other competent authorities.
- 19.2 Elluna reserves the right to postpone, cancel, or provide a refund as it deems fit in the event of a force majeure. Any refunds are subject to the sole discretion of Elluna.
20. GOVERNING LAW AND JURISDICTION
- 20.1 These Terms shall be governed by, and construed in accordance with, the laws of the Dubai International Financial Centre (“DIFC”) and the respective Applicable Laws, including, but not limited to, the electronic transaction and e-commerce Laws of the UAE.
- 20.2 The parties irrevocably agree that the DIFC Courts shall have sole jurisdiction to settle any dispute or claim that arises out of or in connection to these Terms or its subject matter or formation (including non-contractual disputes or claims). The parties further agree and acknowledge that the Civil Courts of Dubai may be used to settle any disputes in the event that the dispute falls under the mandate of the laws of Dubai instead of the DIFC laws (pursuant to an order received from the DIFC Courts declaring the jurisdiction of the dispute falls under the Civil Courts of Dubai) and/or in the event of enforcing the DIFC Court judgment.