Legal Statement

 

  1. General provisions

This Legal Statement applies to all Kaveity FZC Products that you (“client” or “you”) may order from Kaveity FZC (“Kaveity FZC”, “us”, “our”, “we”) via www.atelierkaveity.com and/or any related mobile or digital application or social media (“digital platform”) or our customer service center, and to all communication on our social media platforms (all together “Platforms”). Unless otherwise specified, the information on our Platforms is presented for the purpose of promoting Kaveity FZC products and services. Not all Kaveity FZC products are available worldwide; you are responsible for compliance with the applicable local laws and you acknowledge that access to Kaveity FZC products may not be legal by certain persons or in certain countries.

  1. Privacy policy

Please read our Privacy Policy, which governs the manner in which we will handle any personal information that you provide to us. Our Privacy Policy is subject to the terms and conditions of this Legal Statement.

2.1 Solicited information

Solicited information that you submit to Kaveity FZC by email in order to register or sign up, purchase products and/or to submit appropriate questions to the websites are subject to our Privacy Policy.

2.2 Unsolicited information

Unsolicited information, reviews, comments or other submissions such as ideas, concepts, techniques and know-how shall not be treated as confidential, and Kaveity FZC may use such information in any manner that it deems appropriate. For more information on this topic, please refer to our Privacy Policy. By sending communications to Kaveity FZC, you automatically grant Kaveity FZC a worldwide, royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, and display such communication(s) in any form, including media or technology, and to sublicense such rights to anyone. Kaveity FZC and its affiliated third parties may use anything that you transmit for any purpose, including but not limited to reproduction, disclosure, transmission, publication, broadcast and posting, or developing, manufacturing and marketing products using such information. By submitting a question, comment, communication or other content to us, you hereby grant Kaveity FZC the perpetual, worldwide right and permission to use, post and repost your statement, in whole or in part, either alone or accompanied by other material, with or without your name, for any purpose whatsoever, including advertising, promotion or trade, in any media now known or hereafter invented, including, but not limited to, internet and media, including our Platforms, third party sites, and social networking sites, in all forms of print, point-of-sale and publicity materials such as press releases and in Kaveity FZC’s email marketing campaigns and newsletters. You warrant and represent that all of the statements you have made regarding Kaveity FZC and/or its Products are true and accurately reflect your honest opinion of and experience with Kaveity FZC and its Products. You have made the statements without any prior payment or promise of payment, or any other benefit having been made to you and without any expectation by you of any payment or benefit in return. You agree to notify Kaveity FZC immediately if any of your statements no longer represent your true and honest experience and opinions. You agree that your statements may be used in whole or in part and may be paraphrased, amplified, shortened and/or put into conversational form to meet the requirements of copy or layout, provided that the general sense is not changed.

2.3 Appropriate language

Kaveity FZC expects all of its users to be respectful of other people. Kaveity FZC will make determinations as to what statements are appropriate for its Platforms and in compliance with this Legal Statement at its sole discretion. Your statement will not be posted if it violates the following guidelines, which prohibit any statement that contains any of the following types of content:

  1. Obscenities, discriminatory language, or other language not appropriate for the Platforms or any public forum.
  2. Advertisements, ‘spam’ content, or references to other products, offers, or websites.
  3. Any content or materials, which you do not own and/or are otherwise infringing or for which you have not secured all necessary rights.
  4. Email addresses, URLs, phone numbers, physical addresses, or other forms of contact information.
  5. Comments that harass, abuse, disparage, and/or defame another person or entity, including any other authors who post to this Site or any of their comments.
  6. Discussion of medical conditions or claims of medical effectiveness.
  7. Content that is false or misleading.
  8. Content that is unlawful or promotes unlawful activities.
  1. Ownership of rights

Trademark notice

In general, all trademarks, logos and service marks that appear on the Platforms are registered, unregistered or otherwise protected Kaveity FZC trademarks or are licensed for use by Kaveity FZC or its third parties. Other trademarks are proprietary marks and are registered to their respective owners. Nothing contained on the Platforms should be construed as granting, by implication or otherwise, any license or right to use any trademark without prior written permission or that of such third party who owns the trademark. Misuse of any trademark displayed on the Platforms, or any other content on the Platforms, except as provided herein, is strictly prohibited. Kaveity FZC owns all trademarks, service marks, trade names, logos and domain names used on or in connection with its Platforms or has a valid right from a third-party to use any such material.

© Copyright notice

All rights are reserved. All content on our Platforms are either copyright or are licensed for use by Kaveity FZC. Any modification or use of the materials from the Platforms for any purpose not explicitly permitted is a violation of Kaveity FZC’s copyright and other proprietary rights. No part of the websites may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any manner whatsoever, except for viewing purposes, without the prior written consent of Kaveity FZC. This prohibition also includes framing any content from the Platforms, as well as unauthorized linking. Kaveity FZC owns all rights, titles and interests in and to the Platforms and/or owns the content and applications on the Platforms. Images, photographs, including any person represented in the photographs, illustrations, icons, texts, video clips, music, written and other materials are protected by legislation such as copyright, designs and trademark legislation and under international treaty provisions and national laws worldwide. You are not authorized to sell, reproduce, distribute, communicate, modify, display, publicly perform, report or otherwise prepare derivative or secondhand works based on, or use of Kaveity FZC Products in any way for any public or commercial purposes. In the event of breach of this Legal Statement, your permission to use Kaveity FZC Products will automatically terminate and any copies made must be immediately destroyed. Any unauthorized use of Kaveity FZC Products may infringe copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.

  1. Limitation of liability

Limitation of liability of our digital platforms

The use of our Platforms is at your own risk. Neither Kaveity FZC nor any party representing or otherwise affiliated with Kaveity FZC in creating or presenting the websites are liable for any direct, indirect, special, punitive, incidental, exemplary or consequential damages arising out of your use of the Platforms. To the extent permitted by law and without limiting any of the foregoing, everything on the Without limiting the foregoing, everything on the Platforms is provided to you “as is” and “as available” and, to the fullest extent permitted by applicable law, without warranty of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability, satisfactory quality, fitness for a particular purpose, reasonable care and skill, or non-infringement. Kaveity FZC does not warrant that the functional and/or technical aspects of its Platforms or Products will be error free or that the servers that make them available are free of viruses or other harmful components. If use of our Platforms results in the need for servicing or replacing property, material, equipment, data or other element, Kaveity FZC is not responsible for those costs. Kaveity FZC and its suppliers make no warranties about Kaveity FZC Products, software, text, downloads, graphics, and links, or about results to be obtained from using the websites. To the fullest extent permitted by applicable law, Kaveity FZC shall not be liable for any indirect, incidental, special or consequential damages of any kind arising out of or in connection with the use of information available from the Platforms or any liability relating to any loss of use, interruption of business, lost profits or lost data, regardless of the form of action, whether in contract, tort (including negligence) or otherwise, even if Kaveity FZC has been advised of the possibility of such damages.

Limitation of liability of Kaveity FZC Products

Kaveity FZC has made considerable effort to ensure that the visual representation of Kaveity FZC Products displayed on its Platforms are representative of the colour, design and style of the original products, however slight variations, distortions and/or differences may be apparent when compared to the original product. This may be due to technical issues such as your browser or computer settings. Accordingly, Kaveity FZC cannot be held liable for any apparent differences in the product images represented on its Platforms, and original Products.

  1. Links & linking

The Platforms may contain links to other platforms operated by third parties not affiliated to Kaveity FZC. The inclusion of any link to such third-party sites does not imply endorsement by Kaveity FZC of those sites. Kaveity FZC has not reviewed all the content contained in the linked sites and is not responsible for the content or accuracy of any off-site pages or any other sites linked to any of the Platforms. If you choose to click through any link to off-site pages or third-party sites, then this is at your own risk. Kaveity FZC does not authorize linking to any of its Platforms from a third-party platform without its express prior written authorization.

  1. Kaveity FZC is not responsible for third party websites that link to or from the Platforms.
  2. Kaveity FZC does not endorse any such sites or the goods or services offered on such sites.
  3. Kaveity FZC disclaims all responsibility for the accuracy of any of the information provided on such linked sites and any goods or services provided or purchased from such sites.
  4. Kaveity FZC shall not be held liable or responsible for the content of any sites that link to or from the Platforms.
  1. No waiver

This Legal Statement constitutes the entire agreement between you and Kaveity FZC in relation to the use of our Platforms, and replaces and extinguishes all prior agreements, draft agreements, arrangements, undertakings, or collateral contracts of any nature made by the parties, whether oral or written, in relation to such subject matter. The waiver by Kaveity FZC of a breach of any provision of this Legal Statement will not operate to be interpreted as a waiver of any other or subsequent breach. The failure on the part of Kaveity FZC to enforce any part of this Legal Statement shall not constitute a waiver of any of Kaveity FZC’s rights hereunder for past or future actions.

  1. Termination and suspension

You agree that Kaveity FZC may terminate or suspend your access to and use of the Platforms if Kaveity FZC reasonably believes that you have violated or acted inconsistently with this Legal Statement, or violated the rights of Kaveity FZC, its affiliated companies or any third party, with or without notice to you. You agree that Kaveity FZC may modify or discontinue providing any of the Platforms, with or without notice to you. You agree that Kaveity FZC will not be liable to you or any third party as a result of such modification or discontinuation. The provisions entitled “Limitation of liability” and “General provisions” will survive termination of this Legal Statement.

  1. Applicable law and jurisdiction

You hereby submit to the exclusive jurisdiction of the Dubai International Arbitration Centre (DIAC) in connection with any dispute relating to, concerning, or arising out of this Legal Statement, the Privacy Policy, the Platforms and/or an item purchased through the Platforms. The arbitration will be conducted before a single arbitrator and will be held in Dubai. Payment of all filing, administration, and arbitrator fees will be governed by DIAC’s rules, unless otherwise stated in this paragraph. The arbitration before the DIAC shall proceed solely on an individual basis without the right for any claims to be arbitrated on a class action basis or on a basis involving claims brought in a purported representative capacity on behalf of others. The arbitrator’s authority to resolve and make written awards is limited to claims between you and Kaveity FZC alone. Claims may not be joined or consolidated unless agreed to in writing by all parties. No arbitration award or decision will have any preclusive effect as to issues or claims in any dispute with anyone who is not a named party to the arbitration. YOU UNDERSTAND THAT BY AGREEING TO THIS ARBITRATION PROVISION YOU ARE WAIVING YOUR RIGHT TO MAINTAIN OTHER AVAILABLE DISPUTE RESOLUTION PROCESSES, SUCH AS A COURT ACTION, OR A CLASS ACTION. If you initiate litigation or any other proceeding against Kaveity FZC in violation of this paragraph, and Kaveity FZC is the prevailing party in any such litigation or proceeding, you agree to pay Kaveity FZC’s reasonable legal fees incurred in connection with its enforcement of this paragraph.

THESE TERMS OF USE SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE DUBAI INTERNATIONAL FINANCIAL CENTER, WITHOUT REFERENCE TO CONFLICT OF LAWS PROVISIONS. ANY DISPUTE, CONTROVERSY OR CLAIM ARISING OUT OF OR IN RELATION TO THE LEGAL STATEMENT, INCLUDING THE VALIDITY, INVALIDITY, BREACH OR TERMINATION THEREOF, SHALL BE ADJUDICATED OR ARBITRATED IN ACCORDANCE WITH SAID LEGAL STATEMENT. For any matters, which are not subject to arbitration as set forth in this legal statement, you irrevocably submit and consent to the exclusive jurisdiction and venue of the Dubai International Financial Centre Courts. You agree not to raise the defense of forum non conveniens.

  1. Acknowledgement

By using our Platforms, you signify your understanding and agreement to comply with this Legal Statement. You acknowledge and agree that this Legal Statement, together with our Privacy Policy and Conditions of Sale constitute the entire agreement between you and Kaveity FZC with respect to the use of our Platforms. Kaveity FZC may change this Legal Statement at any time by posting changes on its Platforms. The continued use of the Platforms constitutes your agreement to any revised Terms & Conditions.

LAST UPDATED: June 2023

Need help? Please message us: contact@atelierkaveity.com.