LAST UPDATED: September, 2024

 THE TERMS AND ACCEPTANCE OF TERMS

Khayal is the trade name of Khayalli Perfumes and Cosmetics LLC and the www.khayaldubai.com website is operated by Khayalli Perfumes and Cosmetics LLC. Throughout the site, the terms “Khayal”, “we”, “us” and “our” refer to Khayalli Perfumes and Cosmetics LLC. 

By visiting or browsing our website, as well as any other media form or media channel related or connected thereto, registering an account, contributing content and other materials and/or purchasing something from us, you engage in our “Services” and agree to be bound by the following Terms of Use Agreement (“Agreement”) and any other rules posted on the website, including our Privacy Policy. This Agreement applies to all site visitors, users, including without limitation browsers, vendors, customers, merchants, and/ or contributors of content. 

If you wish to use our Services, you shall accept and comply with this Agreement. If you do not agree to all the terms and conditions of this Agreement, then you should not use the Services.

By accepting the Terms of Use Agreement, you represent that you are the age of majority in your country of residence. If you are not the age of majority in your country of residence, you represent and warrant that you have obtained the consent of your parent or legal guardian to register to use this website or any of the Services and to purchase the products offered for sale on the website.

 UPDATES / CHANGES TO THE TERMS OF SERVICE

We reserve the right to update, change or replace the information posted on the website and the terms of the Agreement at any time. Updates and/or changes shall be posted on our website. It is your responsibility to check if any changes have been made. Your continued access of the website and use of Services following the posting of any changes demonstrates your acceptance of those changes. If any changes are unacceptable to you, you may stop using our Services and delete your account at any time. 

 LIMITS ON USE 

We reserve the right to refuse to sell products to you, to limit quantities of items purchased, to cancel any order or part of an order for any reason at any time.

We reserve the right to prohibit orders that, in our sole judgment, appear to be placed by resellers, dealers, or distributors.

Our website and Services are for the personal use of users only and shall not be used for public or commercial purposes without written permission from an authorized representative of Khayalli Perfumes and Cosmetics LLC.

It is strictly prohibited to reproduce, duplicate, copy, modify, sell, resell, or exploit any portion of the Services without written permission from our company.

Other prohibited activities include but are not limited to:

– using any data or content from the website for any unlawful purpose or solicit others to perform or participate in any unlawful acts

– violating our intellectual property rights or the intellectual property rights of others

– to harass, threat, intimidate, or discriminate any of our employees or agents engaged in providing any of the Services

– unauthorized use of the Services, including collecting usernames and/or email addresses of users or any of their personal information

– uploading and transmitting viruses or any other type of malicious action that will or may affect the functionality or operation of the Services or of any related website

– to interfere with or circumvent the security features of the Services

 PRODUCTS OR SERVICES

We reserve the right to change all descriptions of products or product pricing at any time without notice, at our sole discretion, or to discontinue any product at any time. 

We do not guarantee that the quality of the purchased products or services will meet your expectations.

All products shall be used in accordance with their instructions, precautions, and guidelines. The product’s ingredients should always be checked before application to avoid potential allergic reactions. 

The statements made about products by the manufacturers have not been evaluated by any government agency and the results reported, if any, may not necessarily occur in all individuals.

 PURCHASES

Pricing and availability are subject to change without notice. The company reserves the right to correct any errors, inaccuracies, or omissions, and to revoke any offer even after an order has been submitted. 

 USER CONTENT

When you post content that you have created (“User Generated Content”) using our website or Services, you are solely responsible for any information, text, graphics, photos, or other materials which you upload and you acknowledge that your posts are public, for everyone to see, use, copy, and share. You understand that your User Content and other personal information will be available to all other users of our Services.

You represent and warrant that you own or control the rights to your User Content. 

You agree not to make any racist comments, using profanity, abusing another user, disrespecting another culture or any other derogatory or inappropriate comments. You are solely responsible for any comments you make and their accuracy. 

You agree that your content does not infringe any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right of any person or entity.

You agree that your content will not contain unlawful, abusive, or obscene material, defamatory, racist, or libelous, bulling, religiously offensive, threatening or harassing any individual, partnership, or corporation. 

Your content shall not contain any computer virus, or other potentially damaging computer programs or files that could in any way affect the operation of the Services or any related website.

Your content shall not include unsolicited or unauthorized promoting, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation.

You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead us or third parties as to the origin of any comments.  

You agree not to use the Services to collect or store personal information about other users.

In case you received any kind of compensation (including free products or any other incentive) in exchange for posting content, you agree that this must be clearly and conspicuously disclosed in the same post. 

Though you own your User Generated Content, by sharing it to our Services, you are granting us a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty-free license  to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute your content in any and all media and utilize it in our marketing materials. 

We may not monitor or control your content and we cannot take responsibility for your content. We take no responsibility and assume no liability for any comments or materials posted by you or any third-party. 

We have no obligation but reserve the right, at our sole discretion, not to publish or to remove any User Generated Content or other content that may be unlawful, offensive, racist, or libelous, defamatory, pornographic, obscene, that improperly uses the medium for promoting and advertising businesses or that violates any party’s intellectual property.

Khayalli Perfumes and Cosmetics LLC does not endorse, or guarantee the completeness, truthfulness, accuracy, or reliability of any content, or any opinion, recommendation or advice expressed therein, and disclaims all liability with respect to the content posted by third parties.

INTELLECTUAL PROPERTY RIGHTS

All company information, data, software, photographs, videos, typefaces, music, sounds, graphics, logos, designs, page headers, button icons, scripts, service names and other material (Proprietary Material), excluding User Generated Content, is protected by copyrights, trademarks, patent, or other proprietary rights. 

Proprietary Material shall not be copied, reproduced, distributed, transmitted, broadcast, displayed, sold, leased, or rented, licensed, modified, removed, deleted, augmented, added to, published, transferred, or otherwise exploited in whole or in part, without our prior written consent.

BILLING AND ACCOUNT INFORMATION

You agree to provide up-to-date, complete, and accurate information for all purchases made through our Services.

If you choose to register an account with us, you are solely responsible for keeping the confidentiality of your account information, and for all activities that happen under your account (including any purchases made), whether or not such actions were taken by you. 

KHAYAL shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of unauthorized use of your password or account. 

You must notify us immediately if there has been an unauthorized use of your password or account. 

 THIRD PARTY LINKS

Certain links and content available through our Services or website may include materials from third parties.

We are not responsible and will not have any liability for any third-party materials, products, services, and websites.  

Our terms and policies do not apply to third party websites, and you should carefully review the applicable policies and practices of the third party. We do not take responsibility for any purchases you make through third party websites and any complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

 PERSONAL INFORMATION

Please review our Privacy Policy, which governs the submission of personal information through the website and your visit to the website.

 ERRORS, INACCURACIES AND OMISSIONS

Although we are trying to ensure that all information which appear on this website is accurate, occasionally typographical errors or other errors including, without limitation, errors regarding product descriptions, pricing, promotions, offers, shipping, transit times, payment terms, return policy and availability may occur. If we discover any errors, inaccuracies, or omissions we reserve the right to change and update information or cancel orders without prior notice (including after you have submitted your order).

NO WARRANTIES; LIMITATION OF LIABILITY

While we are making efforts to include up-to-date information on the website and through our services, we do not make any representations or warranties that your use of our Services will be uninterrupted, timely, secure, or error-free.

We do not warrant that the results that may be obtained from the use of the Services will be accurate or reliable and, to the fullest extent permitted by law, the use of our Services is at your sole risk.

Our Services, including all content and products made available to you through the Services are provided ‘as is’, without any representation, warranties, or conditions of any kind, either express or implied, including, without limitation, non-infringement, title, merchantability, merchantable quality, fitness for a particular purpose, durability.

To the fullest extent permitted by applicable law, in no event will Khayalli Perfumes and Cosmetics LLC, its employees, directors, officers, agents, business partners, affiliates, contractors, distribution partners, interns, suppliers, service providers or licensors, be liable for any loss, personal injury/wrongful death, claim, or any direct, indirect, incidental, punitive, special, or other consequential damages including, without limitation lost profits, lost revenue, lost savings, lost data, lost opportunities, costs of cover, or any similar damages arising from the use of any of the our Services or any products procured using the Services.

INDEMNIFICATION

You agree to indemnify, defend and hold harmless Khayalli Perfumes and Cosmetics LLC, its parent, subsidiaries, interns and employees, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, from any claims, demands, liabilities, costs or expenses, including attorneys’ fees, due to or arising from your use of the our Services, any breach by you of the Agreement, and/or any violation of applicable law or third-party rights.

SEVERABILITY

If any provision of this Agreement is found to be invalid, unlawful, void, or unenforceable by any court of competent jurisdiction, such provision shall be changed or restricted to the extent and in the manner necessary to render it valid, legal, and enforceable within the limits of applicable law. The unenforceable portion shall be deemed to be severed from the Agreement but shall not affect the validity, legality, or enforceability of any other part of this Agreement. 

 TERMINATION

This Agreement shall remain in full force and effect unless and until terminated by either you or us. You may terminate this Agreement at any time, for any reason, by notifying us that you no longer wish to use our Services, or when you cease using our site.

If you fail, or we suspect that you have failed, to comply with any term or provision of this Agreement, we reserve the right in our sole judgment to temporarily or permanently deny you access to our Services. We may terminate this Agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination.

ENTIRE AGREEMENT

This Agreement and any policies or operating rules posted by us on this site or in respect to the Services constitute the entire understanding between the parties and supersede all preceding or contemporaneous agreements, proposals, or communications, oral or written, between you and KHAYAL (including, but not limited to, any prior versions of the Terms of Use Agreement).

GOVERNING LAW

This Agreement and any access to or use of our Services shall be governed by and construed in accordance with the laws of Dubai, United Arab Emirates.

 CONTACT INFORMATION

You may address your questions and comments about this Agreement anytime via email at support@khayaldubai.com.

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