Welcome to www.atelierbottega.com the website of Atelier Bottega (insert company name). These Terms of Use govern your visit and use of the Platform and form a binding agreement between the Platform and yourself. The Terms of Use must be read in conjunction with the Privacy Policy.
The following definitions and interpretation apply to the Terms of Use:
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AED |
means the Arab Emirate Dirhams which is the official currency of UAE and the currency in the which all transactions pertaining to the Platform shall be carried out;
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Guest |
means a visitor to the Platform who is not a Registered User;
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Platform |
means the online website of Atelier Bottega with the URL www.atelierbottega.com, which is managed and handled in entirety by us;
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Privacy Policy |
means the Privacy Policy of the Platform which shall be read in conjunction with these Terms of Use;
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Registered User |
means a user who has successfully registered on the Platform and has a unique user account;
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Terms of Use |
means this document which consists of the terms and conditions that govern your use of the Platform;
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UAE |
means the United Arab Emirates;
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Us/ Our/ We |
refers to the Platform domiciled in the UAE and its affiliates, subsidiaries and related entities;
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VAT |
means Value Added Taxes;
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You/ Your/ (or a similar reference) |
refers to you as the user of the Platform. |
By visiting the Platform, you confirm that you are at least eighteen (18) years of age which is legal age to form a binding contract and are not a person or entity barred from entering into contracts under the laws of the UAE or other applicable jurisdiction, and you provide unconditional consent to the Terms of Use. Please be aware that your current and future use of the Platform is subject to the Terms of Use. Therefore, we urge you to read this document thoroughly. You may use certain parts of the Platform as a Guest or Registered User. Should you disagree to be bound by the Terms of Use, please do not use the Platform in any way.
DESCRIPTION OF THE PLATFORM
This Platform provides users with the ability to purchase various yoga and fitness products.
SITE ACCESS
The Platform may be accessed on a mobile, tablet, laptop, computer, smart devices and other application program interfaces. Subject to your compliance with these Terms of Use, we grant you a limited, non-exclusive, non-transferable license to:
- access and use the Platform solely in connection with its indicated use; and
- access and use any content, information and related materials that may be made available through the Platform, in each case solely for your personal use. Any right which is not expressly granted in these Terms of Use, is reserved by us.
The license we grant you prevents you to download or modify any content, or any portion of it, except with prior written consent from us. The license does not include any use of robots, data mining or similar data gathering and extraction tools; any derivative use of the Platform or any resale or commercial use of the Platform. You are not permitted to transfer viruses, trojans or other features that may contaminate the Platform. You are not permitted to make any false, fraudulent or speculative reservation or post, transmit any unlawful, infringing, defamatory, threatening, indecent, obscene, pornographic or profane material or content that may constitute or encourage a criminal or civil offence or otherwise violate any law. You are not permitted to copy, reproduce, duplicate, resell or transfer content of the Platform for any commercial purpose without prior written consent from the Platform. You hold responsibility to be fully aware of the laws that govern your relationship with the Platform.
REGISTRATION
You may register on the Platform using your existing email address, or through your existing Facebook or Google account. You may purchase a product on the Platform as a Guest or a Registered User. The Platform offers (subscription to all Registered Users, which includes promotions, discounts, newsletter). When you create an account using your existing email address, we will ask you for your full name, email address and a unique password. When you register on the Platform using your existing Facebook or Google account, the Platform will redirect you to a Third-party Site and seek your permission to access your Facebook or Google account. We shall access your Facebook or Google login credentials only when you actively grant us the permission to do so. Once you are redirected to a Third-party Site, these Terms of Use shall no longer govern your usage of those Third-party Sites. We urge you to carefully read the terms and conditions of all Third-party Sites that you may be re-directed to through the Platform or visit otherwise.
All registration requests are subject to our approval. You agree to provide accurate and complete information in the registration form. You are prohibited to use a false email address, or impersonate a person or an entity for the process of registration or at any other point of engagement with the Platform. The Platform reserves the right, at any time and without reason, advance notice, limitation or liability, to terminate your account or restrict your access to the Platform, and to decline your registration at its sole discretion, and in such case, the Platform shall permanently deactivate your registered account and revoke your subscription. Each registration is valid for a single individual and is non-transferable.
You are solely responsible for the type and level of disclosures of information you make to the Platform. Our commitment to confidentiality is in accordance with our Privacy Policy. The security of your username and password on the Platform shall be your sole responsibility and you will immediately notify us if you lose access to your user account. The Platform shall not engage with any Guest, Registered User or entity that has international sanctions (including but not limited to trade, military, economic) against them by an international, national or regulatory authority. We shall not intentionally provide services to any of the United States Office of Foreign Assets Control (OFAC) sanctioned countries, subject always to the laws of UAE. Kindly refrain from using the Platform if you are sanctioned by OFAC or deal with OFAC sanctioned persons or entities. In accessing the Platform, you will not seek to interrupt, interfere or act in any manner whatsoever, contrary to the Terms of Use or the applicable laws of the UAE.
ONLINE COMMUNICATION
The Platform engages with you on the website via notices, via emails in the nature of receipts, brochures, templates, checklists, advertisements, response to feedback, details relevant to registration and your user profile. You consent to all electronic communication between us. The Platform also connects you to its social media accounts on Facebook, Instagram (LinkedIn and Twitter). The Platform is under no obligation to review the content being shared on these mediums and assumes no responsibility or liability for the content shared. Notwithstanding the above, the Platform has discretion to delete any comment, post or message uploaded by you on our social media account page, or delete any email exchanged between the Platform and you; any unlawful, harmful, threatening, abusive, defamatory, harassing, vulgar, profane, obscene, hateful, racially, ethnically or otherwise objectionable material of any kind, including but not limited to, any material which encourages conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any applicable local, state, national or international law, uploaded by you.
LIMITATION OF LIABILITY
You understand all aspects of all details provided on the Platform are not intended to be legal, financial, technical, medical, economical or professional advice of any kind, each of which are subject to further terms and conditions; thus, you are advised to read the specific terms or conditions of each, carefully. The Platform holds no liability to you for any direct, indirect, special, exemplary, incidental or consequential damages, including but not limited to, software glitches, injury, inaccurate pricing due human or technical errors; damages for loss of profits, goodwill, use, data or other intangible losses, resulting from use of the Platform or use of the products purchased by you. Considering the above mentioned exclusion of liability, in case any liability is established by an entity with jurisdiction in accordance with these Terms of Use, in a matter against us, you expressly acknowledge and agree that the maximum limit for any liability claim shall not in any event exceed the amount contributed by you to us in respect of the value of the specific product, to which any liability relates.
PLATFORM PAYMENTS
You may purchase a product using your Mastercard, Visa or American Express credit/debit card in AED and in such case your credit or debit card will be charged at the time the purchase is made. You may also opt for cash on delivery and in such case your purchase shall be deemed completed when the delivery representative is in receipt of the invoice amount at the time of delivery. Alternatively, you may opt to make payments using Apple Pay, which shall be subject to the terms of use and privacy policy of Apple Pay at the time of purchase. All products sold on the Platform are exclusive of applicable VAT. You will responsible and liable to pay for applicable VAT and any future taxes in addition to the purchase price of the product you purchase.
We DO NOT collect and do not intend to collect any financial information, including CVV or credit card or debit card pins, from any purchases made by you on the Platform, although and upon your consent, such information may be stored on a secure server in your personal account on the Platform that is used only for your ease of convenient future purchases. Any data or personally identifiable information collected at the time of processing the transaction shall not be stored, sold, shared, rented or leased to third-parties. Multiple transactions may result in multiple postings to the card-holders’ monthly card statement. Please refer to our Privacy Policy for more information. It is your responsibility to check with your bank for any additional service charge, loyalty or convenience, finance, foreign exchange or other charges, prior to making a purchase on the Platform. The Platform shall not be held responsible or liable for any excess charges made by banks to your credit or debit card.
REFUNDS
All payments made through the Platform are non-refundable 7 days after purchase date unless expressly approved by us. Products can be refunded within 7 days of product receipt as long as items are in brand new condition and in their original packaging. Any requests for refunds will be rejected if items have been opened or used. We cannot guarantee refunds nor are we obligated to consider requests. Approved refunds will take a minimum of sixty (60) days and you are responsible for all associated charges and foreign exchange risks. Taxes are always your responsibility.
THIRD-PARTY SITES
The Platform may include advertisements or banners or options with external links on to Third-party Sites. Once you click or access these Third-party Sites, you will leave the Platform. We do not investigate, review, endorse, represent or control the content of any Third-party Sites, unless otherwise expressly stated in the Terms of Use. We are not responsible or accountable for the content displayed on Third-party Sites. You will access and use these Third-party Sites at your sole risk and liability. You also agree not to link any other site or Third-party Sites to the Platform without our express prior written consent and approval.
The Third-party Sites may select and deliver (separate and unrelated to this Platform) ad networks, advertising agencies, advertisers and audience segment providers. These Third-parties Sites may collect information about you and your online activities, either on the Platform or on other websites, through cookies, web beacons, and other technologies in an effort to understand your interests and deliver to you advertisements that are tailored to your interests. We do not have access to, or control over, the information that Third-party Sites may collect. The information practices of these third parties or Third-party Sites are not covered in these Terms of Use or Privacy Policy.
SUBMISSIONS ON THE PLATFORM
You are welcome to contact us directly at any time with information, reference, ideas, concepts, know-how, techniques, comments or suggestions through our email address email.com.
Any information, reference, approved reviews, ideas, concepts, know-how, techniques, comments or suggestions that you may submit to us through the Platform shall be deemed and always remain our sole and exclusive property. We shall be entitled to use or disseminate such information for commercial or other purposes at our sole discretion without any obligation to compensate or remunerate you. The information provided or submitted by you on the Platform does not constitute our opinion or advice, and the information provided should not be used or acted upon without consulting a qualified advisor. We do not ascertain the validity of posts or ratings submitted by you. You may read our copyrighted material and the reviews free of charge, but you are prohibited from the sharing, dissemination, or sale of this material.
INTELLECTUAL PROPERTY
The entire content of the Platform including but not limited to text, designs, course names, brochures, checklists, templates, graphics, photographs, video, interactive presentations, photographs, software, logos, text, arrangements and layouts are our sole and exclusive property, or are licensed to us and all rights are reserved and are protected by international copyright laws. All trademarks and trade names including and all other derivatives thereof including the trademarks appearing on the Platform are proprietary to us and may only be used by licensees authorized by us and are protected by international intellectual property rights laws. You agree not to use, disseminate, publish or reverse engineer any content or other intellectual property rights on this Platform without our prior written consent.
SURVIVABILITY
If a court in the UAE finds any part of the Terms of Use unenforceable or invalid, then such part shall be deemed deleted and the rest of the Terms of Use shall continue to be in effect to the fullest extent permissible by the applicable laws.
AMENDMENT
We reserve the right to change any content on the Platform including the Terms of Use, Privacy Policy and Disclaimer without any prior notice. The most recent version of the Terms of Use, Privacy Policy and Disclaimer will always be available on the Platform, therefore you are encouraged to visit the Platform and read these Terms of Use prior to using the Platform. Your continued use will automatically be deemed as your consent to these Terms of Use.
NOTICES
Any notices or communication under the Terms of Use, Privacy Policy or Disclaimer may be delivered to you electronically and such notification shall be deemed valid. Notices or communication to us can be delivered electronically at email.com.
GOVERNING LAW AND JURISDICTION
By using the Platform, you expressly consent and agree to the governing law and jurisdiction of the UAE over the Terms of Use and any dispute over the content of the Platform shall be subject to the exclusive jurisdiction of three (3) arbitrators under the rules of the Dubai International Financial Centre- London Court of International Arbitration (DIFC-LCIA) with the seat in Dubai, UAE irrespective of your geographical location, in the English language.
TERMINATION
We reserve the right to cancel or block access to this Platform in respect of any Guest or Registered User at any time without notice. We also reserve the right at any time, and for any reason to terminate this agreement in respect of any Guest or Registered User upon written notice by email. You may terminate your agreement with us by sending us written notice and discontinuing your use of the Platform or by only discontinuing use of the Platform. Termination of the agreement between us in these Terms of Use does not affect either party’s accrued rights or liabilities prior to the date of termination.