TERMS AND CONDITIONS
Last updated January 08, 2025
AGREEMENT TO OUR LEGAL TERMS
We are Orgaayur Landscape & Gardening works & Maintenance LLC
("Company," "we," "us," "our").
We operate the website http://www.orgaayur.com (the "Site"), the mobile
application Orgaayur (the "App"), as well as any other related products and
services that refer or link to these legal terms (the "Legal Terms")
(collectively, the "Services").
You can contact us by phone at +971 52 387 3112, email at
Info@orgaayur.ae, or by mail to Orgaayur Landscape & Gardening works &
Maintenance LLC Shop no 3 , Al Warsan Nursery 3,, Dubai 455616, United
Arab Emirates.
These Legal Terms constitute a legally binding agreement made between
you, whether personally or on behalf of an entity ("you"), and Orgaayur
Landscape & Gardening works & Maintenance LLC, concerning your
access to and use of the Services. You agree that by accessing the
Services, you have read, understood, and agreed to be bound by all of
these Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE
LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM
USING THE SERVICES AND YOU MUST DISCONTINUE USE
IMMEDIATELY.
Supplemental terms and conditions or documents that may be posted on
the Services from time to time are hereby expressly incorporated herein by
reference. We reserve the right, in our sole discretion, to make changes or
modifications to these Legal Terms at any time and for any reason. We will
alert you about any changes by updating the "Last updated" date of these
Legal Terms, and you waive any right to receive specific notice of each
such change. It is your responsibility to periodically review these Legal
Terms to stay informed of updates. You will be subject to, and will be
deemed to have been made aware of and to have accepted, the changes
in any revised Legal Terms by your continued use of the Services after the
date such revised Legal Terms are posted.
We recommend that you print a copy of these Legal Terms for your
records.
TABLE OF CONTENTS
1. OUR SERVICES
2. INTELLECTUAL PROPERTY RIGHTS
3. USER REPRESENTATIONS
4. USER REGISTRATION
5. PRODUCTS
6. PURCHASES AND PAYMENT
7. RETURN POLICY
8. PROHIBITED ACTIVITIES
9. USER GENERATED CONTRIBUTIONS
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10. CONTRIBUTION
LICENSE
11. MOBILE APPLICATION
LICENSE
12. SERVICES MANAGEMENT
13. PRIVACY POLICY
14. TERM AND TERMINATION
15. MODIFICATIONS AND INTERRUPTIONS
16. GOVERNING LAW
17. DISPUTE RESOLUTION
18. CORRECTIONS
19. DISCLAIMER
20. LIMITATIONS OF LIABILITY
21. INDEMNIFICATION
22. USER DATA
23. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, ANDSIGNATURES
24. SMS TEXT MESSAGING
25. MISCELLANEOUS
26. CONTACT US
1. OUR SERVICES
The information provided when using the Services is not intended fordistribution to or use by any person or entity in any jurisdiction or countrywhere such distribution or use would be contrary to law or regulation orwhich would subject us to any registration requirement within suchjurisdiction or country. Accordingly, those persons who choose to accessthe Services from other locations do so on their own initiative and aresolely responsible for compliance with local laws, if and to the extent locallaws are applicable.
2. INTELLECTUAL PROPERTY RIGHTS
Our intellectual property
We are the owner or the licensee of all intellectual property rights in ourServices, including all source code, databases, functionality, software,website designs, audio, video, text, photographs, and graphics in theServices (collectively, the
"Content"
), as well as the trademarks, servicemarks, and logos contained therein (the
"Marks"
).
Our Content and Marks are protected by copyright and trademark laws(and various other intellectual property rights and unfair competition laws)and treaties
around the world.
The Content and Marks are provided in or through the Services
"AS IS"
foryour
personal, non-commercial use or internal business purpose
only.
Your use of our Services
Subject to your compliance with these Legal Terms, including the
"
PROHIBITED ACTIVITIES
"
section below, we grant you a non-exclusive,non-transferable, revocable
license
to:
access the Services; and
download or print a copy of any portion of the Content to which youhave properly gained access,
solely for your
personal, non-commercial use or internal business purpose
.
Except as set out in this section or elsewhere in our Legal Terms, no part ofthe Services and no Content or Marks may be copied, reproduced,aggregated, republished, uploaded, posted, publicly displayed, encoded,translated, transmitted, distributed, sold, licensed, or otherwise exploitedfor any commercial purpose whatsoever, without our express prior writtenpermission.
If you wish to make any use of the Services, Content, or Marks other thanas set out in this section or elsewhere in our Legal Terms, please addressyour request to:
Info@orgaayur.ae
. If we ever grant you the permission topost, reproduce, or publicly display any part of our Services or Content, youmust identify us as the owners or licensors of the Services, Content, orMarks and ensure that any copyright or proprietary notice appears or isvisible on posting, reproducing, or displaying our Content.
We reserve all rights not expressly granted to you in and to the Services,Content, and Marks.
Any breach of these Intellectual Property Rights will constitute a materialbreach of our Legal Terms and your right to use our Services will terminateimmediately.
Your submissions
Please review this section and the
"
PROHIBITED ACTIVITIES
"
sectioncarefully prior to using our Services to understand the (a) rights you give usand (b) obligations you have when you post or upload any content throughthe Services.
Submissions:
By directly sending us any question, comment, suggestion,idea, feedback, or other information about the Services (
"Submissions"
),you agree to assign to us all intellectual property rights in such Submission.You agree that we shall own this Submission and be entitled to itsunrestricted use and dissemination for any lawful purpose, commercial orotherwise, without acknowledgment or compensation to you.
You are responsible for what you post or upload:
By sending usSubmissions
through any part of the Services
you:
confirm that you have read and agree with our
"
PROHIBITEDACTIVITIES
"
and will not post, send, publish, upload, or transmitthrough the Services any Submission
that is illegal, harassing,hateful, harmful, defamatory, obscene, bullying, abusive,discriminatory, threatening to any person or group, sexually explicit,false, inaccurate, deceitful, or misleading;
to the extent permissible by applicable law, waive any and all moralrights to any such Submission
;
warrant that any such Submission
are original to you or that youhave the necessary rights and
licenses
to submit such Submissions
and that you have full authority to grant us the above-mentionedrights in relation to your Submissions
; and
warrant and represent that your Submissions
do not constituteconfidential information.
You are solely responsible for your Submissions
and you expressly agreeto reimburse us for any and all losses that we may suffer because of yourbreach of (a) this section, (b) any third party’s intellectual property rights, or(c) applicable law.
3. USER REPRESENTATIONS
By using the Services, you represent and warrant that:
1 .All registrationinformation you submit will be true, accurate, current, and complete;
2. You will maintain the accuracy of such information and promptly updatesuch registration information as necessary;
3. you have the legal capacityand you agree to comply with these Legal Terms;
4. you are not a minor inthe jurisdiction in which you reside
5. you will not access the Servicesthrough automated or non-human means, whether through a bot, script orotherwise; (
6.you will not use the Services for any illegal orunauthorized purpose; and 
7 .your use of the Services will not violate any applicable lawor regulation.
If you provide any information that is untrue, inaccurate, not current, orincomplete, we have the right to suspend or terminate your account andrefuse any and all current or future use of the Services (or any portionthereof).
4. USER REGISTRATION
You may be required to register to use the Services. You agree to keepyour password confidential and will be responsible for all use of youraccount and password. We reserve the right to remove, reclaim, or changea username you select if we determine, in our sole discretion, that suchusername is inappropriate, obscene, or otherwise objectionable.
5. PRODUCTS
We make every effort to display as accurately as possible the
colors
,features, specifications, and details of the products available on theServices. However, we do not guarantee that the
colors
, features,specifications, and details of the products will be accurate, complete,reliable, current, or free of other errors, and your electronic display may notaccurately reflect the actual
colors
and details of the products.
All productsare subject to availability
, and we cannot guarantee that items will be instock
. We reserve the right to discontinue any products at any time for anyreason. Prices for all products are subject to change.
6. PURCHASES AND PAYMENT
We accept the following forms of payment:
You agree to provide current, complete, and accurate purchase andaccount information for all purchases made via the Services. You furtheragree to promptly update account and payment information, including emailaddress, payment method, and payment card expiration date, so that wecan complete your transactions and contact you as needed. Sales tax willbe added to the price of purchases as deemed required by us. We maychange prices at any time. All payments shall be
in
__________
.
You agree to pay all charges at the prices then in effect for your purchasesand any applicable shipping fees, and you
authorize
us to charge yourchosen payment provider for any such amounts upon placing your order.We reserve the right to correct any errors or mistakes in pricing, even if wehave already requested or received payment.
We reserve the right to refuse any order placed through the Services. Wemay, in our sole discretion, limit or cancel quantities purchased per person,per household, or per order. These restrictions may include orders placedby or under the same customer account, the same payment method,and/or orders that use the same billing or shipping address. We reserve theright to limit or prohibit orders that, in our sole
judgment
, appear to beplaced by dealers, resellers, or distributors.
7.
RETURN
POLICY
Please review our Return Policy posted on the Services prior to makingany purchases.
8. PROHIBITED ACTIVITIES
You may not access or use the Services for any purpose other than that forwhich we make the Services available. The Services may not be used inconnection with any commercial
endeavors
except those that arespecifically endorsed or approved by us.
As a user of the Services, you agree not to:
Systematically retrieve data or other content from the Services tocreate or compile, directly or indirectly, a collection, compilation,database, or directory without written permission from us.
Trick, defraud, or mislead us and other users, especially in anyattempt to learn sensitive account information such as userpasswords.
Circumvent, disable, or otherwise interfere with security-relatedfeatures of the Services, including features that prevent or restrictthe use or copying of any Content or enforce limitations on the useof the Services and/or the Content contained therein.
Disparage, tarnish, or otherwise harm, in our opinion, us and/or theServices.
Use any information obtained from the Services in order to harass,abuse, or harm another person.
Make improper use of our support services or submit false reports ofabuse or misconduct.
Use the Services in a manner inconsistent with any applicable lawsor regulations.
Engage in
unauthorized
framing of or linking to the Services.
Upload or transmit (or attempt to upload or to transmit) viruses,Trojan horses, or other material, including excessive use of capitalletters and spamming (continuous posting of repetitive text), that
interferes with any party’s uninterrupted use and enjoyment of theServices or modifies, impairs, disrupts, alters, or interferes with theuse, features, functions, operation, or maintenance of the Services.
Engage in any automated use of the system, such as using scripts tosend comments or messages, or using any data mining, robots, orsimilar data gathering and extraction tools.
Delete the copyright or other proprietary rights notice from anyContent.
Attempt to impersonate another user or person or use the usernameof another user.
Upload or transmit (or attempt to upload or to transmit) any materialthat acts as a passive or active information collection or transmissionmechanism, including without limitation, clear graphics interchangeformats (
"gifs"
), 1×1 pixels, web bugs, cookies, or other similardevices (sometimes referred to as
"spyware" or "passive collectionmechanisms" or "pcms"
).
Interfere with, disrupt, or create an undue burden on the Services orthe networks or services connected to the Services.
Harass, annoy, intimidate, or threaten any of our employees oragents engaged in providing any portion of the Services to you.
Attempt to bypass any measures of the Services designed toprevent or restrict access to the Services, or any portion of theServices.
Copy or adapt the Services' software, including but not limited toFlash, PHP, HTML, JavaScript, or other code.
Except as permitted by applicable law, decipher, decompile,disassemble, or reverse engineer any of the software comprising orin any way making up a part of the Services.
Except as may be the result of standard search engine or Internetbrowser usage, use, launch, develop, or distribute any automatedsystem, including without limitation, any spider, robot, cheat utility,scraper, or offline reader that accesses the Services, or use orlaunch any
unauthorized
script or other software.
Use a buying agent or purchasing agent to make purchases on theServices.
Make any
unauthorized
use of the Services, including collectingusernames and/or email addresses of users by electronic or othermeans for the purpose of sending unsolicited email, or creating useraccounts by automated means or under false
pretenses
.
Use the Services as part of any effort to compete with us orotherwise use the Services and/or the Content for any revenue-generating
endeavor
or commercial enterprise.
9. USER GENERATED CONTRIBUTIONS
The Services does not offer users to submit or post content.
We mayprovide you with the opportunity to create, submit, post, display, transmit,perform, publish, distribute, or broadcast content and materials to us or onthe Services, including but not limited to text, writings, video, audio,photographs, graphics, comments, suggestions, or personal information orother material (collectively,
"Contributions"
). Contributions may be viewableby other users of the Services and through third-party websites.
As such,any Contributions you transmit may be treated in accordance with theServices' Privacy Policy.
When you create or make available anyContributions, you thereby represent and warrant that:
10. CONTRIBUTION
LICENSE
You and Services agree that we may access, store, process, and use anyinformation and personal data that you provide
following the terms of thePrivacy Policy
and your choices (including settings).
By submitting suggestions or other feedback regarding the Services, youagree that we can use and share such feedback for any purpose withoutcompensation to you.
We do not assert any ownership over your Contributions. You retain fullownership of all of your Contributions and any intellectual property rights orother proprietary rights associated with your Contributions. We are notliable for any statements or representations in your Contributions providedby you in any area on the Services. You are solely responsible for yourContributions to the Services and you expressly agree to exonerate us
from any and all responsibility and to refrain from any legal action againstus regarding your Contributions.
11. MOBILE APPLICATION
LICENSE
Use
License
If you access the Services via the App, then we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the App onwireless electronic devices owned or controlled by you, and to access anduse the App on such devices strictly in accordance with the terms andconditions of this mobile application
license
contained in these LegalTerms. You shall not: (1) except as permitted by applicable law, decompile,reverse engineer, disassemble, attempt to derive the source code of, ordecrypt the App; (2) make any modification, adaptation, improvement,enhancement, translation, or derivative work from the App; (3) violate anyapplicable laws, rules, or regulations in connection with your access or useof the App; (4) remove, alter, or obscure any proprietary notice (includingany notice of copyright or trademark) posted by us or the licensors of theApp; (5) use the App for any revenue-generating
endeavor
, commercialenterprise, or other purpose for which it is not designed or intended; (6)make the App available over a network or other environment permittingaccess or use by multiple devices or users at the same time; (7) use theApp for creating a product, service, or software that is, directly or indirectly,competitive with or in any way a substitute for the App; (8) use the App tosend automated queries to any website or to send any unsolicitedcommercial email; or (9) use any proprietary information or any of ourinterfaces or our other intellectual property in the design, development,manufacture, licensing, or distribution of any applications, accessories, ordevices for use with the App.
Apple and Android Devices
The following terms apply when you use the App obtained from either theApple Store or Google Play (each an
"App Distributor"
) to access theServices: (1) the
license
granted to you for our App is limited to a non-transferable
license
to use the application on a device that
utilizes
theApple iOS or Android operating systems, as applicable, and in accordancewith the usage rules set forth in the applicable App Distributor’s terms ofservice; (2) we are responsible for providing any maintenance and supportservices with respect to the App as specified in the terms and conditions ofthis mobile application
license
contained in these Legal Terms or asotherwise required under applicable law, and you acknowledge that eachApp Distributor has no obligation whatsoever to furnish any maintenanceand support services with respect to the App; (3) in the event of any failureof the App to conform to any applicable warranty, you may notify theapplicable App Distributor, and the App Distributor, in accordance with itsterms and policies, may refund the purchase price, if any, paid for the App,and to the maximum extent permitted by applicable law, the App Distributorwill have no other warranty obligation whatsoever with respect to the App;(4) you represent and warrant that (i) you are not located in a country thatis subject to a US government embargo, or that has been designated bythe US government as a
"terrorist supporting"
country and (ii) you are notlisted on any US government list of prohibited or restricted parties; (5) youmust comply with applicable third-party terms of agreement when using theApp, e.g.
,
if you have a VoIP application, then you must not be in violationof their wireless data service agreement when using the App; and (6) youacknowledge and agree that the App Distributors are third-partybeneficiaries of the terms and conditions in this mobile application
license
contained in these Legal Terms, and that each App Distributor will have theright (and will be deemed to have accepted the right) to enforce the termsand conditions in this mobile application
license
contained in these LegalTerms against you as a third-party beneficiary thereof.
12. SERVICES MANAGEMENT
We reserve the right, but not the obligation, to: (1) monitor the Services forviolations of these Legal Terms; (2) take appropriate legal action againstanyone who, in our sole discretion, violates the law or these Legal Terms,including without limitation, reporting such user to law enforcementauthorities; (3) in our sole discretion and without limitation, refuse, restrictaccess to, limit the availability of, or disable (to the extent technologicallyfeasible) any of your Contributions or any portion thereof; (4) in our sole
discretion and without limitation, notice, or liability, to remove from theServices or otherwise disable all files and content that are excessive in sizeor are in any way burdensome to our systems; and (5) otherwise managethe Services in a manner designed to protect our rights and property and tofacilitate the proper functioning of the Services.
13. PRIVACY POLICY
We care about data privacy and security. Please review our PrivacyPolicy:
https://admin.orgaayur.ae/privacy_policy
. By using the Services,you agree to be bound by our Privacy Policy, which is incorporated intothese Legal Terms. Please be advised the Services are hosted in
the
United Arab Emirates
and
India
. If you access the Services from any otherregion of the world with laws or other requirements governing personaldata collection, use, or disclosure that differ from applicable laws in
the
United Arab Emirates
and
India
, then through your continued use of theServices, you are transferring your data to
the
United Arab Emirates
and
India
, and you expressly consent to have your data transferred to andprocessed in
the
United Arab Emirates
and
India
.
14. TERM AND TERMINATION
These Legal Terms shall remain in full force and effect while you use theServices. WITHOUT LIMITING ANY OTHER PROVISION OF THESELEGAL TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLEDISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TOAND USE OF THE SERVICES (INCLUDING BLOCKING CERTAIN IPADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NOREASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANYREPRESENTATION, WARRANTY, OR COVENANT CONTAINED INTHESE LEGAL TERMS OR OF ANY APPLICABLE LAW ORREGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION INTHE SERVICES OR DELETE
YOUR ACCOUNT AND
ANY CONTENT ORINFORMATION THAT YOU POSTED AT ANY TIME, WITHOUTWARNING, IN OUR SOLE DISCRETION.
If we terminate or suspend your account for any reason, you are prohibitedfrom registering and creating a new account under your name, a fake orborrowed name, or the name of any third party, even if you may be actingon behalf of the third party. In addition to terminating or suspending youraccount, we reserve the right to take appropriate legal action, includingwithout limitation pursuing civil, criminal, and injunctive redress.
15. MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the contents of theServices at any time or for any reason at our sole discretion without notice.However, we have no obligation to update any information on our Services.
We also reserve the right to modify or discontinue all or part of the Serviceswithout notice at any time.
We will not be liable to you or any third party forany modification, price change, suspension, or discontinuance of theServices.
We cannot guarantee the Services will be available at all times. We mayexperience hardware, software, or other problems or need to performmaintenance related to the Services, resulting in interruptions, delays, orerrors. We reserve the right to change, revise, update, suspend,discontinue, or otherwise modify the Services at any time or for any reasonwithout notice to you. You agree that we have no liability whatsoever forany loss, damage, or inconvenience caused by your inability to access oruse the Services during any downtime or discontinuance of the Services.Nothing in these Legal Terms will be construed to obligate us to maintainand support the Services or to supply any corrections, updates, or releasesin connection therewith.
16. GOVERNING LAW
These Legal Terms shall be governed by and defined following the laws of
the
United Arab Emirates
.
Orgaayur Landscape & Gardening works &Maintenance LLC
and yourself irrevocably consent that the courts of
the
United Arab Emirates
shall have exclusive jurisdiction to resolve anydispute which may arise in connection with these Legal Terms.
17. DISPUTE RESOLUTION
Informal Negotiations
To expedite resolution and control the cost of any dispute, controversy, orclaim related to these Legal Terms (each a
"Dispute" and collectively, the"Disputes"
) brought by either you or us (individually, a
"Party" andcollectively, the "Parties"
), the Parties agree to first attempt to negotiate anyDispute (except those Disputes expressly provided below) informally for atleast
__________
days before initiating arbitration. Such informalnegotiations commence upon written notice from one Party to the otherParty.
Binding Arbitration
Any dispute arising out of or in connection with these Legal Terms,including any question regarding its existence, validity, or termination, shallbe referred to and finally resolved by the International CommercialArbitration Court under the European Arbitration Chamber (Belgium,Brussels, Avenue Louise, 146) according to the Rules of this ICAC, which,as a result of referring to it, is considered as the part of this clause. Thenumber of arbitrators shall be
__________
. The seat, or legal place, orarbitration shall be
__________
. The language of the proceedings shall be
__________
. The governing law of these Legal Terms shall be substantivelaw of
__________
.
Restrictions
The Parties agree that any arbitration shall be limited to the Disputebetween the Parties individually. To the full extent permitted by law, (a) noarbitration shall be joined with any other proceeding; (b) there is no right orauthority for any Dispute to be arbitrated on a class-action basis or to
utilize
class action procedures; and (c) there is no right or authority for anyDispute to be brought in a purported representative capacity on behalf ofthe general public or any other persons.
Exceptions to Informal Negotiations and Arbitration
The Parties agree that the following Disputes are not subject to the aboveprovisions concerning informal negotiations binding arbitration: (a) anyDisputes seeking to enforce or protect, or concerning the validity of, any ofthe intellectual property rights of a Party; (b) any Dispute related to, orarising from, allegations of theft, piracy, invasion of privacy, or
unauthorized
use; and (c) any claim for injunctive relief. If this provision is found to beillegal or unenforceable, then neither Party will elect to arbitrate anyDispute falling within that portion of this provision found to be illegal orunenforceable and such Dispute shall be decided by a court of competentjurisdiction within the courts listed for jurisdiction above, and the Partiesagree to submit to the personal jurisdiction of that court.
18. CORRECTIONS
There may be information on the Services that contains typographicalerrors, inaccuracies, or omissions, including descriptions, pricing,availability, and various other information. We reserve the right to correctany errors, inaccuracies, or omissions and to change or update theinformation on the Services at any time, without prior notice.
19. DISCLAIMER
THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLEBASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE ATYOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW,WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCONNECTION WITH THE SERVICES AND YOUR USE THEREOF,INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OFMERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ANDNON-INFRINGEMENT. WE MAKE NO WARRANTIES ORREPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS
OF THE SERVICES' CONTENT OR THE CONTENT OF ANY WEBSITESOR MOBILE APPLICATIONS LINKED TO THE SERVICES AND WE WILLASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS,MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2)PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATUREWHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OFTHE SERVICES, (3) ANY
UNAUTHORIZED
ACCESS TO OR USE OFOUR SECURE SERVERS AND/OR ANY AND ALL PERSONALINFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN,(4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO ORFROM THE SERVICES, (5) ANY BUGS, VIRUSES, TROJAN HORSES,OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THESERVICES BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OROMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSSOR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OFANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADEAVAILABLE VIA THE SERVICES. WE DO NOT WARRANT, ENDORSE,GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT ORSERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGHTHE SERVICES, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE ORMOBILE APPLICATION FEATURED IN ANY BANNER OR OTHERADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BERESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEENYOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS ORSERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICETHROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULDUSE YOUR BEST
JUDGMENT
AND EXERCISE CAUTION WHEREAPPROPRIATE.
20. LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, ORAGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT,INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL,OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE,LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OFTHE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THEPOSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHINGTO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOUFOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORMOF THE ACTION, WILL AT ALL TIMES BE LIMITED TO
THE LESSER OFTHE AMOUNT PAID, IF ANY, BY YOU TO US
OR
.
CERTAIN US STATELAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ONIMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OFCERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALLOF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TOYOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
21. INDEMNIFICATION
You agree to defend, indemnify, and hold us harmless, including oursubsidiaries, affiliates, and all of our respective officers, agents, partners,and employees, from and against any loss, damage, liability, claim, ordemand, including reasonable attorneys’ fees and expenses, made by anythird party due to or arising out of:
(
1
) use of the Services; (
2
) breach ofthese Legal Terms; (
3
) any breach of your representations and warrantiesset forth in these Legal Terms; (
4
) your violation of the rights of a thirdparty, including but not limited to intellectual property rights; or (
5
) any overtharmful act toward any other user of the Services with whom youconnected via the Services. Notwithstanding the foregoing, we reserve theright, at your expense, to assume the exclusive
defense
and control of anymatter for which you are required to indemnify us, and you agree tocooperate, at your expense, with our
defense
of such claims. We will usereasonable efforts to notify you of any such claim, action, or proceedingwhich is subject to this indemnification upon becoming aware of it.
22. USER DATA
We will maintain certain data that you transmit to the Services for thepurpose of managing the performance of the Services, as well as datarelating to your use of the Services. Although we perform regular routinebackups of data, you are solely responsible for all data that you transmit or
that relates to any activity you have undertaken using the Services. Youagree that we shall have no liability to you for any loss or corruption of anysuch data, and you hereby waive any right of action against us arising fromany such loss or corruption of such data.
23. ELECTRONIC COMMUNICATIONS,TRANSACTIONS, AND SIGNATURES
Visiting the Services, sending us emails, and completing online formsconstitute electronic communications. You consent to receive electroniccommunications, and you agree that all agreements, notices, disclosures,and other communications we provide to you electronically, via email andon the Services, satisfy any legal requirement that such communication bein writing. YOU HEREBY AGREE TO THE USE OF ELECTRONICSIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, ANDTO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDSOF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THESERVICES. You hereby waive any rights or requirements under anystatutes, regulations, rules, ordinances, or other laws in any jurisdictionwhich require an original signature or delivery or retention of non-electronicrecords, or to payments or the granting of credits by any means other thanelectronic means.
24. SMS TEXT MESSAGING
Opting Out
If at any time you wish to stop receiving SMS messages from us, simplyreply to the text with "STOP.” You may receive an SMS messageconfirming your opt out.
Message and Data Rates
Please be aware that message and data rates may apply to any SMSmessages sent or received. The rates are determined by your carrier andthe specifics of your mobile plan.
Support
If you have any questions or need assistance regarding our SMScommunications, please email us at
Info@orgaayur.ae
or call at
+971 52387 3112
.
25. MISCELLANEOUS
These Legal Terms and any policies or operating rules posted by us on theServices or in respect to the Services constitute the entire agreement andunderstanding between you and us. Our failure to exercise or enforce anyright or provision of these Legal Terms shall not operate as a waiver ofsuch right or provision. These Legal Terms operate to the fullest extentpermissible by law. We may assign any or all of our rights and obligationsto others at any time. We shall not be responsible or liable for any loss,damage, delay, or failure to act caused by any cause beyond ourreasonable control. If any provision or part of a provision of these LegalTerms is determined to be unlawful, void, or unenforceable, that provisionor part of the provision is deemed severable from these Legal Terms anddoes not affect the validity and enforceability of any remaining provisions.There is no joint venture, partnership, employment or agency relationshipcreated between you and us as a result of these Legal Terms or use of theServices. You agree that these Legal Terms will not be construed againstus by virtue of having drafted them. You hereby waive any and all
defenses
you may have based on the electronic form of these Legal Terms and thelack of signing by the parties hereto to execute these Legal Terms.
26. CONTACT US
In order to resolve a complaint regarding the Services or to receive furtherinformation regarding use of the Services, please contact us at:
Orgaayur Landscape & Gardening works & Maintenance LLC
Orgaayur Landscape & Gardening works & Maintenance LLC Shop no3
Al Warsan Nursery 3,
,
Dubai
455616
United Arab Emirates
Phone:
+971 52 387 3112
info@orgaayur.ae