Because You Care website is operated and administrated by Because You Care Soap Making. The terms and conditions govern your access to, and use of the website www.becauseyouare.ae and its related sub-domains, sites, services and tools (the “Site”). By accepting these terms and conditions, and by using the Site, you represent that you agree to comply with these terms and conditions with Because You Care Soap Making (the “Company”) in relation to your use of the Site (the “User Agreement”). This User Agreement is effective upon acceptance. If you do not agree to be bound by this User Agreement, please DO NOT ACCESS, REGISTER OR USE this Site.
2. Eligibility for Membership
2.1 You are over 18 years old: the Company wishes to ensure that its members are able to form legally binding contracts and further that minors do not purchase unsuitable products. Therefore, membership of the Site is not available to persons under the age of 18 years. You represent that you are 18 years of age or over the age of 18 years before you become a member of the Site. Without prejudice to any other rights and remedies of the Company under this User Agreement or at law, the Company reserves the right to limit or withdraw access to the Site or the membership of any person if the Company believes that person is under the age of 18 years.
2.2 Your membership has not been suspended or withdrawn before: The Site is not available to persons whose membership has been suspended or withdrawn by the Company.
2.3 You are duly capable of representing yourself: That you are free of any disability or condition that will hinder your capability of using the site, interacting online or take a buying decision.
3. Your Account and Registration Obligations
You will be a registered member of the Site when you provide certain information and register a username and password for use on this Site.
3.1 On becoming a member of the Site, you agree to:
3.1.1 Maintain 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.
3.1.2 Immediately notify the Company of any unauthorized use of your password or account or any other breach of security.
3.2 In no event will the Company be liable for any direct, indirect or consequential loss or loss of profits, goodwill or damage whatsoever resulting from the disclosure of your username and/or password.
3.3 You may not use another person’s account at any time, without the express permission of the account holder. You agree to reimburse the Company for any improper, unauthorized or illegal use of your account by you or by any person obtaining access to the Site, services or otherwise by using your designated username and password, whether or not you authorized such access.
3.4 You will provide true, accurate, current and complete information about yourself as prompted by the Company’s registration form (the “Registration Data”).
3.5 You will not include any of your contact details, including but not limited to email addresses, telephone numbers or other personal details in your user name.
3.6 You will maintain and promptly update the Registration Data to keep it true, accurate, current and complete.
3.7 If you provide any information that is untrue, inaccurate, not current or incomplete or if the Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with this User Agreement, without prejudice to any other rights and remedies of the Company under this User Agreement or at law, the Company has the right to indefinitely suspend, limit or withdraw your access to the Site and/or your membership of the Site.
3.8 The Company may require at some limited occasions to request you providing proof of identity or confirm your ownership of your financial instruments. The purpose of this check is ensuring safety of our users’ data and prevent fraudulent transactions.
4. Electronic Communications
4.1 We’ll need to communicate with you by email, Short Message Service (SMS) or by posting notices on the Site. All agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
4.2 The Company requires your agreement during the registration process to send you promotional emails to let you know about any new changes, features or promotional activities added to the Site. If, at any time, you decide that you do not wish to receive promotional emails, you can opt out of receiving such promotional emails by clicking on the link at the bottom of any promotional email.
5. Amendments to this User Agreement
5.1 We shall endeavor to give you notice for any amendment to this User Agreement.
5.2 In case the change is not significant or shall not in any situation affect your stand under the User Agreement, we reserve the right at our sole discretion and without liability to make the amendments with immediate effect by posting a notice on the Site.
6. Fees and Services
6.1 The Company may choose to temporarily change the products price for promotional events (for example, free shipping, bundles, limited discount), and such temporary changes are effective in accordance with their terms when we post them on the Site.
6.2 All be quoted in local currency. You must pay all fees payable to the Company (including taxes and delivery charges) upon timely delivery of the product.
6.3 We provide multiple ways of payments including but not limited to: Credit/Debit Cards (Visa & Master Card) – Pay Pal – Cash on Delivery (COD)
6.4 In case of non-payment of fees after (COD) transaction, for any reason beyond the control of the Company, without prejudice to any other rights and remedies of the Company under this User Agreement or at law, the Company without liability reserves the right to:
Cancel the order
Charge for delivery charges plus return of goods charges applicable in that case
Temporarily or indefinitely suspend, limit or withdraw your access to the Site and/or your membership
7. Use of the Site
7.1 While using the Site, you will not:
Post comments, questions or answers that are not factual in nature including without limitation make any racist comments, use profanity, abuse another user, disrespect another culture or make any other derogatory or inappropriate comments
Post obscene information or content, including but not limited to pornography or any representation which may (in our sole discretion) be considered indecent
Post information or content which may (in our sole discretion) constitute offensive or critical political content or content that is contrary to the public interest
Post information or content which may (in our sole discretion) be considered culturally or religiously offensive in any way
Post information or content which (in our sole discretion) may not be considered to be in compliance with general Islamic Shariah law, rules, morals, values, ethics and traditions
Post Information or content or list items which may (in our sole discretion) constitute or be considered to promote gambling
Manipulate or attempt to manipulate the Site in any way including the prices of any item or services on the Site (either alone or in conjunction with other users)
Circumvent or manipulate our fee structure, the billing process, or fees owed to the Company
Take any action that may undermine the Site’s feedback and ratings systems (including but not limited to the display, import or export of feedback information off the Site or use of such information for purposes unrelated to the Company)
Transfer your Site account (including feedback) and username to another party without our consent
Distribute or post spam, unsolicited or bulk electronic communications, chain letters, or pyramid schemes
Interfere or attempt to interfere with the proper working of the Site
Attempt to take over another user’s account or carry out any hacking or phishing of the Site or user accounts and related features
Copy, modify, or distribute any content from the Site or otherwise infringe the Site’s copyright material and/or trademarks in any way
Violate any laws, rules, regulations, guidelines, third party rights or our policies
Abuse www.Becauseyoucare shipping policy, refund policy, or any of the Company`s other policies or terms and conditions posted on the Site from time to time
7.2 You undertake that:
You are 18 years of age or over the age of 18 years
You will inform the Company of any postings or transaction which appear to be in violation of this User Agreement
You shall comply with all applicable domestic and international laws and regulations regarding and relating to your use of the Site
You will not disclose your contact details including but not limited to phone numbers, addresses, or email addresses in the Site including the feedback area, discussion forum or through any e-mail feature of the Site intended to bypass use of the Company
8.1 All content included on the Site, including but not limited to text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations and software, is the property and copyright work of either the Company, its content suppliers or its licensors and is protected by copyright, trademarks, patents or other intellectual property rights and laws
8.2 The compilation of the content on the Site is the exclusive property and copyright of the Company and is protected by copyright, trademarks, patents or other intellectual property rights and laws
9.1 “Because You Care Soap Making” and related logos, and other words and logos on the Site (are either unregistered trademarks or registered trademarks of the Company and are protected by international trademark and other intellectual property rights and laws
9.2 The Company’s trademarks may not be used in connection with any product or service that is not the Company’s nor in any manner that disparages or discredits the Company
9.3 All other trademarks not owned by the Company that appear on the Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by the Company
10. Abusing the Company
10.1. Please report problems of any kind or violations of this User Agreement to the Company.
10.2. If you believe that your intellectual property rights have been violated, please notify the Company. Without prejudice to any other rights and remedies of the Company under this User Agreement, may limit, suspend or withdraw a user’s access to the Site and/or a user’s membership of the Site or remove hosted content.
10.3. Also the Company can choose to take other technical and/or legal steps against users who create problems or possible legal liabilities of any kind, who infringe the intellectual property rights of third parties or who act inconsistently with this User Agreement or our policies.
11. Breach of User Agreement
Without prejudice to any other rights and remedies of the Company under this User Agreement or at law or otherwise, the Company may immediately and without liability: limit your activity, warn other users of your actions, temporarily/indefinitely suspend, limit or withdraw your membership, and/or limit or withdraw your access to the Site:
If you breach this User Agreement
If the Company is unable to verify or authenticate any information you provide; or
If the Company believes (in its sole discretion) that your actions may cause legal liability for you, other users or the Company
The Company may at any time at its sole discretion reinstate suspended users. A user that has been indefinitely suspended or had their membership withdrawn may not register or attempt to register with the Company or use the Site in any manner whatsoever until such time that such user is reinstated by the Company.
Notwithstanding the foregoing, if you breach this User Agreement the Company reserves the right to do all necessary action to recover any amounts due and owing by you to the Company or any losses and damages caused by you to the Company and to take such steps including legal action. Our failure to act with respect to a breach by you or others does not constitute a waiver of the Company’s right to take any actions with respect to that, or subsequent or similar breaches. The Company does not guarantee that it will take action against all breaches that there may be of this User Agreement.
12. Providing Feedback
The Company encourages its customers to provide feedback about our products and your feedback will be displayed along with your user ID on the Site. You cannot retract the feedback once you have left it. The Company will not be responsible or liable in any way for the feedback that you post on the Site. You agree not to make comments that are not factual in nature including without limitation making any racist comments, using profanity, abusing another user, disrespecting another culture or any other derogatory or inappropriate comments.
13. Withdrawal of Access and/or Membership
Without prejudice to any other rights and remedies of the Company under this User Agreement or at law or otherwise, the Company may limit, suspend or withdraw your membership and/or your access to the Site at any time, without notice, for any reason, including without limitation, breach of this User Agreement.
14. No Warranty
The Company provides the Site and its services on an “as is” and “as available” basis without any representation or endorsement made and without any warranty or guarantee of any kind whether express or implied, including but not limited to warranties of title, merchantability, fitness for a particular purpose, compatibility, security, accuracy and non-infringement. The Company makes no representations or warranties about the accuracy, reliability, or completeness of any content, information, software, text, graphics, links or communications provided on or through the use of the Site or that the operation of the Site will be error free and/or uninterrupted. The Company makes no warranty that defects will be corrected or that the Site or its servers are free of viruses or anything else which may be harmful or destructive. The nature of Internet communications means that this Site may be susceptible to data corruption, interception, non-availability and delays. The Site may also be unavailable from time to time due to repairs, maintenance or development work.
15. Limitation of Liabilities
To the extent permitted by law, the Company, its officers, employees, agents, affiliates and suppliers shall not be liable for any loss or damage whatsoever whether direct, indirect, incidental, special, consequential or exemplary, including but not limited to, losses or damages for loss of profits, goodwill, business, opportunity, data or other intangible losses arising out of or in connection with your use of the Site, its services or this User Agreement (however arising, including negligence or otherwise and whether or not the Company has been advised of the possibility of such losses or damages).
You agree to indemnify and hold the Company and its affiliates, officers, employees, agents and suppliers harmless from any and all claims, demands, actions, proceedings, losses, liabilities, damages, costs, expenses (including reasonable legal costs and expenses), howsoever suffered or incurred due to or arising out of your breach of this User Agreement, or your violation of any law or the rights of a third party.
The Company is not permitting representation by any form by the user under this User Agreement, including reselling or claim to be an agent for the Company. Any commercial transaction taking place on the Site is a direct and completed transaction between the users and the Company.
If any dispute, claim, controversy or difference (“Dispute”) arises out of or in connection with or in relation to this User Agreement, including (without limitation) any question regarding the formation, existence, scope, performance, interpretation, validity or termination of this User Agreement or this clause, or any question regarding the legal relationships established by this User Agreement or the consequences of its nullity, then the parties shall first attempt amicably to settle the Dispute through good-faith negotiations over a period of thirty (30) calendar days commencing on the date that a party first sends to the other party a written notice of the Dispute.
In the event that a Dispute has not been settled amicably by the relevant parties by the end of such thirty (30) calendar day-period, the parties hereby agree that the Dispute shall be referred to courts of Dubai in the United Arab Emirates.
19. Transfer of Rights and Obligations
You hereby grant the Company the right to, and irrevocably acknowledge and agree that the Company may at any time, transfer all or any part of its rights, benefits, obligations or liabilities (whether express or assumed) under this User Agreement to any of its affiliates without requiring your further specific agreement. The Company agrees to use all reasonable endeavors to provide notice to you of any transfer by way of a posting on the Site. You may not at any time, without the prior written consent of the Company, transfer all or any part of your rights, benefits, obligations or liabilities (whether express or assumed) under this User Agreement without the prior written consent of the Company.
If any clause of this User Agreement shall be deemed invalid, void or for any reason unenforceable, such clause shall be deemed severable and shall not affect the validity and enforceability of the remaining clauses of this User Agreement. This User Agreement (as amended from time to time in accordance with the terms of this User Agreement) sets forth the entire understanding and agreement between you and the Company with respect to the subject matter hereof.
No person who is not a party to this User Agreement shall have any right to enforce any term of this User Agreement. If this User Agreement is translated into any language other than English, whether on the Site or otherwise, the English text shall prevail.
21. Governing Law
This User Agreement is governed by, and construed in accordance with, United Arab Emirates law.