Welcome to  healthybynature.ae (“Site”). The owner and operator of the Site is Healthy By Nature FZE (“we”, “our” or “us”). 

These Terms of Use and all policies and additional terms (if applicable) posted on the Site set out the terms on which we offer you access to and use of our Site, services and applications including our mobile application (collectively, the “Services”).

By accessing, registering and/or continuing to use or access our Services, you are agreeing to be bound by these Terms of Use with immediate effect. These Terms of Use are subject to change by us at any time. Your continued use of the Site following any such change constitutes your agreement to these Terms of Use as so modified.

References in these Terms of Use to “you” (or similar) are references to you as an individual or legal entity as the case may be.

1. Eligibility And Registration Requirements

1.1. You are eligible to register as a buyer and benefit from the Services if you meet the following eligibility criteria:

a.   you are above the legal age for purchasing products in your country of residence; and

b.   You are able to provide an address in the UAE or in your country of residence for delivery of products.

1.2. Once you have successfully completed registration, your registration shall continue for an indefinite period, subject to suspension or termination in accordance with clause 6 of these Terms of Use.

2. YOUR OBLIGATIONS

2.1. When using or accessing the Services, you agree that you:

a.   are responsible for maintaining the confidentiality of, and restricting access to and use of your account and password, and accept responsibility for all activities that occur under your account and password;

b.   agree to immediately notify us of any unauthorised use of your password or account or any other breach of security;

c.    will provide true, accurate, current and complete information about yourself and your use of the Services as required by us;

d.   will not disclose to any third party (except as required or requested by us) a user’s information provided to you; and

e.   will cooperate with our requests for additional information with respect to your eligibility and usage of our Services.

2.2. When using or accessing the Services, you agree that you will not:

1. Post, list or upload content or items in inappropriate or prohibited categories or areas on our Site, including:

a.   content or items that may be considered culturally or religiously offensive in any way;

b.   content or items which may not be considered to be in compliance with general local law, Islamic law, rules, morals, values, ethics and traditions;

c.    content or items that may threaten national security;

d.   content or items which may constitute or be considered to promote gambling;

e.   securities, including shares, bonds, debentures, or any other financial instruments or assets of any description;

f.     living or dead creatures and/or the whole or any part of any animal which has been kept or preserved by any means whether artificial or natural;

g.   weapons of any description;

h.   liquor, tobacco products, drugs, psychotropic substances, narcotics, intoxicants of any description and medicines;

2. post any items or links;

3. post counterfeit or stolen items;

4. breach or circumvent any laws, third party rights or our systems, policies or determinations of your account status;

5. use our Services if you no longer fulfil the eligibility criteria or are not able to form legally binding contracts, or are temporarily or indefinitely suspended from using our Services;

6. fail to pay for items purchased by you;

7. manipulate the price of any item;

8. interfere with any other user’s listings;

9. take any action that may undermine the Site’s feedback and ratings systems;

10. post false, inaccurate, misleading, deceptive, defamatory or similar content;

11. transfer your account to another party without our prior written consent;

12. distribute or post spam, unsolicited or bulk electronic communications or similar;

13. distribute viruses or any other technologies that may harm our Services or other users;

14. infringe:

a.   the copyright, trademark, patent, publicity, moral, database, and/or other intellectual property rights (collectively, “Intellectual Property Rights” ) that belong to or are licensed to us; or

b.   any Intellectual Property Rights that belong to third parties;

15. harvest or otherwise collect information about users without their consent; or

16. circumvent any technical measures we use to provide the Services.

3. Intellectual Property Rights

3.1 Except for the rights expressly granted under these Terms of Use, all content included on the Site, including but not limited to text, graphics, logos, images, audio clips, digital downloads and software is our property or the property of our licensors. We (or our licensors, as the case may be) retain all right, title and interest in and to the Site and the Services, including, without limitation, all Intellectual Property Rights therein; and3.2 You agree that you have no right to use any of our trademarks without our prior written consent. 3.2 All rights not expressly granted to you in these Terms of Use are reserved and retained by us or our licensors.

4. WARRANTIES, REPRESENTATIONS & UNDERTAKINGS

You warrant, represent and undertake that:

a.   you shall fully comply and will at all times continue to fully comply with all applicable laws, statutes and regulations, including, without limitation, all privacy laws and content regulation;

b.   you have full power and authority to enter into these Terms of Use and the execution and performance of your obligations under these Terms of Use does not conflict with  any laws, rules, regulations or governmental guidelines to which you are subject to.

5. LIABILITY & INDEMNITIES

5.1 Nothing in these Terms of Use shall limit or exclude a party’s liability:

a.   for fraud, including fraudulent misrepresentation, perpetrated by that party;

b.   for any other liability that cannot be limited or excluded under applicable law.

5.2 In addition, to the extent permitted by applicable law, we are not liable, and you agree not to hold us responsible, for any damages or losses resulting directly or indirectly from:

a.   the content or other information you provide when using the Services;

b.   your use of or your inability to use our Services;

c.    delays or disruptions in our Electronic Services;

d.   viruses or other malicious software obtained by accessing or linking to our Services;

e.   bugs, errors or inaccuracies of any kind in our Services;

5.3 Our total obligations are limited to you, whether based on an action or claim in contract, negligence or breach of statutory duty or otherwise, arising out of or in relation to these Terms of Use shall be limited to the lower of:

a.   the price the item sold for on our Site and its original shipping costs; and

b.   the amount of fees in dispute not to exceed the total fees that you paid to us in the twelve (12) months prior to the action giving rise to the liability; or

5.4 You agree to indemnify and hold us, from and against any losses, damages and expenses (including legal fees and attorney’s fees) (“Claims”) arising out of or relating to:

a.   any claims or demands made by any third party due to or arising out of your use of the Services;

b.   your violation of any of the provisions of these Terms of Use, including, without limitation, any of the warranties, representations and undertakings;

c.    your violation of any applicable laws, including, without limitation, data protection or anti-spam laws.

6. Suspension, Termination & Cancellation

We may limit, suspend or withdraw a user’s access to the Services, cancel any product(s) order submitted by you at our sole discretion in case you violate of any of the provisions of these Terms of Use. For the avoidance of doubt, any amounts paid and received by us in relation to a cancelled product(s) order will be refunded.

7. GENERAL

7.1 Governing Law. These Terms of Use and any non-contractual rights or obligations arising out of or in connection with it shall be governed by and construed in accordance with the laws of the United Arab Emirates, as applied in the Emirate of Abu Dhabi.

7.2 Dispute Resolution. If you have an issue with our Services, please contact us. We will endeavour to resolve your issue as soon as possible. Any disputes or Claims arising out of or in connection with these Terms of Use, including any non-contractual rights or obligations arising out of or in connection with these Terms of Use shall be referred to and finally resolved by Abu Dhabi Courts. 

7.3 Third Party Rights. A person who is not a party to these Terms of Use has no right to enforce any of its terms.

7.4 Amendment. These Terms of Use cannot be modified, varied, amended or supplemented in any way by you. We reserve the right to modify, vary, amend or supplement these Terms of Use at any time and from time to time. We will post the current version of these Terms of Use on the Site and each such change will be effective upon posting on the Site or upon the date designated by us as the “effective date” (if any). Your continued use of the Services following any such change constitutes your agreement to be bound by and its acceptance of these Terms of Use as so modified.

7.5 Severability. If any provision of these Terms of Use is determined by any court of competent jurisdiction to be invalid, illegal or unenforceable, that provision will be severed from these Terms of Use and the remaining provisions will continue in full force and effect so long as the economic or legal substance of the transactions contemplated hereby is not affected in any manner materially adverse to either of the parties.

7.6 Force Majeure. We will not be liable for any loss or damage or for any delay or failure in performance due to acts beyond the control of such party whether or not such acts could reasonably be anticipated (including acts of God, legislative, judicial or regulatory acts of any provincial or the federal government, court or regulatory authority, or any third party providers of goods or Services to us, labour disruptions, blackouts, embargoes).

7.7 No Waiver. Any waiver by us of any of the provisions of these Terms of Use will not constitute a waiver of any other provision (whether similar or not), nor will any such waiver constitute a continuing waiver of that particular provision, unless expressly provided by us in writing.

7.8 Survival. All provisions that either expressly or by their nature survive, will survive suspension or termination of your membership of the Site