Terms & Conditions

Y B M E PERFUMES & COSMETICS TRADING L.L.C

1. Introduction

Welcome to Y B M E PERFUMES & COSMETICS TRADING L.L.C (hereinafter referred to as “YBME”), who operates an e-marketplace technology platform which allows users to purchase natural and organic beauty products, cosmetic products, fragrance and wellness products within the United Arab Emirates (UAE) (“Products”) on its website (“Website”).

These Terms and Conditions (“Terms”) are meant to inform you of your legal rights and responsibilities regarding your access to and use of the Website. In these Terms, "we”, “us”, “our”, or "YBME" refers to YBME PERFUMES & COSMETICS TRADING L.L.C, a company registered with the Department of Economic and Tourism (DET), holding commercial licence number 1457089, and "you”, “your”, or “User(s)" refers to you as the Website User.

Any information, text, links, graphics, photos, audio, videos, data, code, or other materials or arrangements of materials that you can view, access, or otherwise interact with through the Website will be referred to as “Content”. The Content that you contribute, submit, transmit, and/or post to, or through the Website will be referred to variously as “Your Content”, “Content of yours”, and/or “Content you submit.”

Please read these Terms carefully. By using our Website, you confirm that you accept these Terms and agree to comply with them. If you do not agree to these Terms, you must not use our Website. When you access the Website, including any version modified to suit its users geographically, you will be asked to consent to these Terms as well as our Website privacy policy (“Privacy Policy”). Users are advised to review these Terms and our Privacy Policy before using the Website. These Terms and Conditions, together with the Privacy Policy, form the entire agreement between you and us regarding your use of the Website.

Disclaimer

The ingredients and information provided on our website are for informational purposes only and should not be interpreted as medical or professional advice regarding the use of any product. For detailed instructions on product usage, please carefully read the product label or consult a qualified healthcare professional. Additionally, please refer to the manufacturer for the most up-to-date information on ingredients.

If you have allergies, medical conditions, or are pregnant, YBME strongly recommends that you seek advice from your healthcare professional or perform a patch test to check for reactions or sensitivities. If you choose to perform a patch test, stop using the product if any irritation occurs and seek advice from your healthcare professional immediately.

Our products make no claims to cure or prevent any medical condition, and our advice is not a substitute for professional medical guidance. We also explicitly state that we do not claim to be dermatologists or similar medical professionals.

2. Definition

The definitions and rules of interpretation in this Clause 2 will apply throughout these Terms:

“Account” means the Account you create with YBME using your electronic mail (e-mail) account to access the Website;
“Applicable Law(s)” means the relevant commercial and/or digital laws of the UAE and any country or region from where you are accessing the Website;
“Content” means any information, text, links, graphics, photos, audio, videos, data, code, or other materials or arrangements of materials that you can view on, access, or otherwise interact with through the Website;
“YBME” is the Website powered by YBME PERFUMES & COSMETICS TRADING L.L.C, a company holding commercial license number 1457089 and their respective directors, agents, servants, officers, and employees;
“External Sites” has its meaning given to it under Clause 3.6 below;
“GDPR” means the European Union General Data Protection Regulation 2016/679;
“Intellectual Property” means all (i) patents, improvements thereof, patent applications and registrations, inventions (whether patentable or not) (ii) trademarks, trade names, trade-mark applications and registrations service marks, domain logos and designs; (iii) copyrights, copyright applications and registrations; (iv) trade secrets, know-how, and other intellectual property; and (v) computer systems and applications software, including all documentation and modifications thereof;
“Minor” has its meaning given to it under Clause 11.15 below;
“Order(s)” means any Products(s) purchased by the User;
“Policies” means any terms, conditions, and policies (separate from these Terms), made available on the Website;
“Product(s)” means any Product listed for sale on our Website;
“Product Description” means and includes the description, images, availability, limitations, and safety measures, of the relevant Product(s) as posted by the respective Users on their separate accounts on the Website. The Product Description varies from one Product to another;
“Terms” means the clauses of these Terms and Conditions;
“Total Amount” has its meaning given to it under Clause 7.2 below;
“Use” has its meaning given to it under Clause 6.3 (ii) below;
“User” means the Account holder or a User of the Website;
“VAT” means value added tax, deemed payable pursuant to the Federal Tax Authority regulations; and
“Website” means the Website owned by YBME to provide and facilitate e-commerce services such as the sale and purchase of Product(s) to the User.

3. Use of a website

3.1 The User may create an Account using their e-mail address to access certain features of the Website. If the User wishes to create an Account, they must provide complete and accurate information and update it as necessary. The User must keep their password confidential and is solely responsible for maintaining the security of their Account, all changes made through it, and all activities associated with it. The User is encouraged to use strong passwords of at least eight characters, combining upper and lower-case letters, numbers, and symbols.

3.2 The User may log in using a pre-existing account on a third-party application programming interface (API), such as Google or Facebook, to access certain Website features. YBME is not responsible for data stored once the User is directed to a third-party API.

3.3 By creating an Account, you represent and warrant that all information provided is true, accurate, and complete, and that you will update it as needed to keep it current. You may not impersonate any person or organisation, create or use an Account for anyone other than yourself, provide an email address that is not your own, or use false information to gain access to the Website unlawfully. You acknowledge that any unauthorised access using false accounts may cause us or third parties' significant financial loss, for which you may be liable.

3.4 The User warrants and represents that they are at least eighteen (18) years old and capable of entering into legally binding agreements.

3.5 We reserve the right to revise these Terms at any time without prior notice and continued use of the Website after changes indicates acceptance of the updated Terms. It is the User's responsibility to review these Terms regularly.

3.6 We may from time-to-time change, update, or remove certain features of the Website. You agree that we have no obligation to store or maintain your Content or other information, except where required by applicable law.

3.7 The Website may include advertisements with external links to third-party sites (“External Sites”). We do not investigate, endorse, or control the content of External Sites, unless expressly stated herein. We accept no liability for content on External Sites, which may collect data, send cookies, solicit personal information, or otherwise. You are responsible for reviewing the External Sites’ terms and privacy policies and access them at your own risk.

3.8 The Website may contain external links.

3.9 We may prioritise certain websites in response to search terms and allow advertisers to display ads or sponsored content in response to these. We do not endorse or recommend such external content. nor do we endorse, the content of any third-party websites. We are not responsible for the content of linked third-party websites, websites framed within our Website, third-party websites provided as search results, or third-party advertisements, and do not make any representations regarding their content or accuracy. Your use of third-party websites is at your own risk and subject to the terms and conditions of use for such sites. We do not endorse any services advertised on the Website.

3.10 Some content you view or access on or through the website is used for commercial purposes. You understand and agree that we may place advertising and promotions on the website near, alongside, or close to your content for commercial reasons.

3.11 If you breach or violate any of these terms, YBME reserves the right to pursue legal remedies available under applicable law.

4. Prohibited activities

4.1 The content and information available on the Website are proprietary to YBME or licensed to YBME by third parties. Users acknowledge and agree that they will not engage in any of the following activities in connection with your use of the Website:

4.1.1 post information on the Website that is obscene, defamatory, threatening, or malicious in nature, or any other material that is prohibited by the Applicable Law(s);
4.1.2 publish any copyright material, or material protected by any other Intellectual Property rights, unless a legal right to use and post such material has been obtained and is valid at the time of posting;
4.1.3 infringe or use YBME’s brand, logo(s), and/or trademark(s) in any business name, e-mail, URL, or other context unless expressly approved in writing by the owner of the Intellectual Property as applicable;
4.1.4 attempt to circumvent any protective technological measure associated with the Website;
4.1.5 violate the restrictions of any robot exclusion headers on the Website, bypass, or circumvent their measures employed to prevent or limit access to the Website;
4.1.6 access, monitor, reproduce, distribute, transmit, broadcast, display, sell, license, copy, or otherwise exploit any Content of the Website, including, but not limited to, User profiles and photos, using any robot, spider, scraper, or other automated means, or any manual process for any purpose not in accordance with these Terms, or without the express written authorisation from YBME;
4.1.7 attempt to access or search the Website or any Content contained therein through the use of any engine, software, tool, agent, device, or mechanism (including scripts, bots, spiders, scraper, crawlers, data mining tools or the like) other than through software generally available through web browsers (such as search engines like Google and Yahoo);
4.1.8 download any Content unless it is expressly made available for download by YBME from the Website;
4.1.9 post, upload, transmit, or otherwise distribute chain letters, pyramid schemes, advertising, or spam;
4.1.10 impersonate or misrepresent your affiliation with another person or entity;
4.1.11 harvest or otherwise collect information about others, including telephone numbers for unlawful purposes;
4.1.12 interfere with, or disrupt any of the associated computer or technical delivery systems;
4.1.13 interfere with, or attempt to interfere with, the access of any User, host, or network, including, but not limited to, sending a virus, overloading, flooding, spamming, or mail-bombing the Website;
4.1.14 modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products, or services obtained from or through the Website; and use the Website, or any Content on the Website, in any manner not permitted by these Terms.

4.2 Users acknowledge and agree not to use the Website in any manner or for any action that may:

4.2.1 cause damage to or impair the performance of the Website, including its availability and accessibility to Users and YBME;
4.2.2 be illegal, fraudulent, or harmful to any person or company in any direct or indirect manner; and
4.2.3 use the Website to copy, store, host, transmit, send, use, publish, or distribute any material that consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit, or other malicious computer software

5. Content

5.1 Ownership of YBME’s Content and Intellectual Property Rights:

5.1.1 Subject to the explicit provisions of these Terms, we own, control, license, or reserve all Intellectual Property rights and Content used on the Website. You agree not to use, remove, alter, modify, create derivative works of, or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the Website or Content. You must not use any part of the Content on our Website for commercial purposes without first obtaining a licence to do so from us or our licensors;
5.1.2 Any/all Content posted on the Website and/or submitted by the Users to YBME has been licensed to YBME for any/all purposes that YBME may deem necessary in order to operate the Website. We authorise you to view or download a single copy of the material on the Website solely for your personal, non-commercial use, provided you include the copyright notice at the end of the material, for example: “©2021, YBME All rights reserved” and other copyright and proprietary rights notices that are contained in the Content;
5.1.3 Any use of the Content not expressly permitted by these Terms constitutes a breach of these Terms and may infringe upon Intellectual Property and other Applicable Laws. Content and features are subject to change or removal without notice at YBME’s editorial discretion. All rights not explicitly granted herein are reserved for YBME and its licensors.

5.2 Your License to YBME’s Content:

5.2.1 We grant you a personal, limited, non-exclusive, and non-transferable licence to access and use the Website solely as expressly permitted in these Terms. You will not use the Website for any illegal purpose or in any manner inconsistent with these Terms. You may use information provided through the Website solely for your personal, non-commercial use. You agree not to use, copy, display, distribute, modify, broadcast, translate, reproduce, reformat, incorporate into advertisements and other works, sell, promote, create derivative works, or in any way exploit or permit others to exploit any of our Content in whole or in part, except as expressly authorised by us. Except where otherwise expressly granted to you in writing, we do not give you any other express or implied rights or licences to our Content or Intellectual Property rights; ii. If you breach any of these Terms, your permission to use the materials automatically ends and you must immediately destroy any copies you have made of any part of the materials. You may also be potentially liable for infringing Intellectual Property rights depending on the circumstances.

5.3 YBME’s Licence to User Content

5.3.1 Upon submission of Your Content, you hereby grant YBME a perpetual, non-exclusive, irrevocable, fully paid, royalty-free, assignable, sub-licensable, and transferable right to use Your Content and all Intellectual Property rights therein for any purpose or use that we deem necessary;
5.3.2 For the avoidance of doubt, "Use" means, but is not limited to, use, copy, display, distribute, modify, translate, reformat, incorporate into advertisements and other works, analyse, promote, commercialise, and create derivative works of;
5.3.3 You grant us the right to use the name or username that you submit in connection with Your Content. You irrevocably waive any claims and assertions of moral rights or attribution with respect to Your Content brought against us or our Users;
5.3.4 You represent and warrant that Your Content is accurate, that the use of Your Content does not violate these Terms and will not cause injury to any person or entity, and that you will indemnify YBME from any/all claims resulting from Your Content;
5.3.5 We reserve the right, at any time and without any advance notice, to remove, block, or disable access to whole or any part of Your Content or Your Account that we, for any reason, consider to be objectionable, in violation of the Terms or otherwise harmful to the Website or our Users at our sole discretion. Subject to the requirements of the Applicable Law(s), we are not obligated to return any of Your Content to you under any circumstances and assume no liability for any Content posted by You.

6. Payment terms

6.1 Stripe:

6.1.1 Transactions on the Website will be paid through Stripe Payments, a third-party payment provider. As such, YBME has partnered with Stripe. Therefore, Users must ensure that any information provided when creating an account is correct and up to date, including, but not limited to, payment details.
6.1.2 At checkout, the total payable amount is the sum of the total for all purchased products, and this will be paid in United Arab Emirates Dirhams (AED) (“Total Amount’).
6.1.3 The price of the product(s) will include VAT unless otherwise stated. YBME reserves the right to change prices at any time without prior notice, at our sole discretion.
6.1.4 Your continued use of our website and input of any information during checkout will be deemed your authorisation for us to share all registered information with our respective third-party payment providers provider.6.1.5 We reserve the right to add or remove our existing third-party payment provider or include additional providers at any time without prior notice, which may be subject to additional terms and conditions.
6.1.6 YBME is not responsible for the safety and security of your payment details once you have been redirected to the respective third-party payment provider’s webpage to complete your purchase. Your use of our third-party payment provider is subject to their terms and conditions.
6.1.7 YBME will not be liable for any issues arising from the payment process using the third-party payment provider once you have been redirected to their page.
6.1.8 If payment for the Products has been fully settled via Network International, users will immediately receive a confirmation after completing the purchase.
6.1.9 For any issues related to Orders and/or the payment process, please contact our customer service at support@yunitedbeauty.com for assistance.

7. Terms on cancellation

All purchases are considered final and binding. Therefore, cancellations cannot be accommodated.

8. Return and refund

8.1 In the event the User requests for a refund, they may do so only under the following circumstances:

8.1.1 The Product has a manufacturing defect (including, but not limited to, a leak). In such an event, YBME will bear the relevant return cost and replace the Product free of cost:

8.1.1.1 The Product was damaged during delivery; and/or
8.1.1.2 The Product is not the same as the one in your Order.

8.1.2 The following Product categories cannot be returned under any circumstances due to health, safety, and hygiene reasons:

8.1.2.1 All cosmetic and skincare products; and
8.1.2.2 Any other products that may be considered unsanitary to return. Such product returns will be decided solely at the discretion of YBME.

8.1.3 For any damaged or incorrect Products, please contact us to receive the necessary instructions for returning the items and obtaining any eligible refunds or replacements. We reserve the right to determine, at our sole discretion, whether refunds or replacements will be granted.

8.1.4 If Users are eligible for a refund, such refunds will be credited to the User’s account for future transactions. Users are advised to retain a copy of their order and transaction records for their reference.

8.1.5 For any other matters, please contact us at support@yunitedbeauty.com, so we can assist you based on your specific inquiry and/or complaint.

9. Delivery of orders

YBME will not be liable for the inappropriate or incorrect use of any Product(s) we list, nor for injuries or damages resulting from use other than the intended purpose as described in the Product Description.

Purchasing a Product in any way other than the intended method will not be tolerated on our Website and may lead to an Account review and action, including temporary or indefinite suspension and/or termination.

9.1 Delivery by YBME

9.1.1 YBME will deliver the Products to the Users within one (1) to three (3) working days, and will endeavor, to the best of their ability, to ensure that all deliveries reach the User in a safe and timely manner.

9.1.2 The User will be solely responsible for providing correct and accurate information with respect to their personal details, including, but not limited to, the designated address and contact details, and ensure that the User is available at the scheduled time of delivery (if applicable). YBME will bear no liability whatsoever with respect to any/all delivery issues (including but not limited to, delayed deliveries etc.) due to incorrect or inaccurate User information, and/or due to the User’s non-responsiveness and inability to receive the Order upon the scheduled time of delivery.

9.1.3 There is currently no delivery fee for orders within the United Arab Emirates (UAE). YBME reserves the right to introduce or update delivery charges at its discretion and without any advance notice.

9.1.4 Kindly note that there may be non-serviceable and remote areas that YBME may not deliver to. This will be determined at YBME’s sole discretion, upon having received the User’s delivery details.

9.1.5 YBME will not be responsible for any charges whatsoever with reference to deliveries or charges not paid by the User for Products purchased on the Website.

9.2 Delivery by third-party delivery aggregator

9.2.1 YBME has partnered with a third-party delivery aggregator to deliver Orders to the Users within one (1) to three (3) working days. We may add or remove delivery aggregators at any time and at our sole discretion, which may be subject to additional terms and conditions.

9.2.2 The third-party delivery aggregator will endeavour, to the best of their abilities, to ensure that any/all deliveries reach the User in a safe and timely manner. YBME will not be held liable and/or responsible for any delays and/or other issues that may arise.

9.2.3 The User will be solely responsible for providing correct and accurate information with respect to their personal details, including, but not limited to, the designated address and contact details, and ensure that the User is available at the scheduled time of delivery (if applicable). YBME will bear no liability whatsoever with respect to any/all delivery issues (including but not limited to, delayed deliveries, issues with the third-party delivery aggregators etc.) due to incorrect or inaccurate User information, and/or due to the User’s non- responsiveness and inability to receive the Order upon the scheduled time of delivery.

9.2.4 Kindly note that the delivery aggregator will not deliver to any non-serviceable areas. For any remote areas, there will be an additional minimum charge which will be solely determined by the delivery aggregator. Such areas can be found here.

10. User rating, reviews, and feedback

10.1 Users can rate, review and provide feedback for the Products on our Website through a description and star rating system.

10.2 User reviews, ratings, or feedback do not reflect the opinion of YBME. YBME receives multiple reviews by Users, which reflect the opinions of each individual User. It is pertinent to state that each review posted on our Website is the opinion of that User only.

10.3 Users acknowledge and agree that they will use reasonable and good faith efforts to ensure that neither engages in any vilification of YBME, and will refrain from making any false, negative, critical, or disparaging statements, implied or expressed, concerning YBME and the Products listed on the Website. This, however, will not apply towards any truthful statement made as required by any Applicable Law(s) or by a court or authority of competent jurisdiction.

10.4 Users acknowledge and agree and accept that by providing your Content to or through the Website, or otherwise including any of your Content that is transmitted to your Account by virtue of your rating, reviews, feedback, questions, photographs or videos, comments, suggestions, ideas etc. you grant us a non-exclusive, royalty-free, perpetual, transferable, irrevocable, and fully sub-licensable right to:

10.4.1 Host, use, reproduce, modify, run, adapt, translate, distribute, publish, create derivative works from, and publicly display and perform such Content of yours throughout the world in any media, now known or hereafter devised;
10.4.2 Make your Content available to the rest of the world and to let others do the same;
10.4.3 To provide, promote, and improve the Website and/or Products and to make your Content shared on the Website available to other companies, organizations, or individuals for the syndication, broadcast, distribution, promotion, or publication of such Content of yours on other media and services, subject to our Privacy Policy and these Terms; and
10.4.4 Use the name and/or trademark that you submit in connection with such Content of yours. You acknowledge that we may choose to provide attribution of Your Content at our discretion. You acknowledge and agree that Your Content is non-confidential and non-proprietary. You affirm, represent, and warrant that you own or have the necessary licenses, rights (including copyright and other proprietary rights), consents, and permissions to publish and otherwise use Your Content as authorised in these Terms.

10.5 The Terms of this Clause 10 do not grant other Users a license to host, use, reproduce, modify, run, adapt, translate, distribute, publish, create derivative works from and publicly display and perform such Content of yours throughout the world in any media, now known or hereafter devised.

11. Communication guidelines

11.1 Pursuant to Clause 10 above, our Website enables Users to rate, review and provide feedback regarding the Products listed on our Website. Users should ensure appropriate online conduct and behaviour in which YBME reserves the right to review and/or delete at their sole discretion, prior to such reviews being visible to other Users on the Website.

11.2 The Website is only to be used for its intended purpose. You may not use the Content provided through the Website in any manner or for any purpose other than that which is expected.

11.3 Any/all ratings, reviews, and feedback should be conducted in a professional and respectful manner. Abusive or offensive language, which may be deemed as political, discriminative, threatening, sexual, or of religious nature, as well as any other inappropriate behaviour which violates our Terms, will not be tolerated on our Website and may result in Account review and action, including temporary or indefinite suspension and/or termination.

11.4 You may not post or submit Content that includes inflammatory speech, endorses, or promotes illegal, immoral, or harmful activities, including obscene content, incitement of lawless action, or activities that may lead to other Users’ harm in any manner.

11.5 You may not post or submit information or comments on the Website and on third-party social media platforms that are obscene, defamatory, threatening, malicious, slanderous, or disparaging in nature, or any other material that is prohibited by law, about YBME and its Website.

11.6 Any dispute, complaint, disagreement, or conflict with any User, should be brought to the attention of YBME. YBME will not bear any liability for mitigating such disputes between the parties as this will be the sole responsibility of the parties involved.

11.7 Users acknowledge and accept that an actual or threatened breach of any Term(s) of this Clause 10 may be penalised by implementing any one or more of the following:

11.7.1 Removal/deactivation of their Account from our Website; and/or
11.7.2 Disqualifying their use of our Website indefinitely unless a written approval has been obtained by us allowing them to recreate their Account.
11.8 YBME will not be held liable for any loss or damage experienced by any person because of implementing the penalties above.
11.9 YBME will not be liable for any direct, indirect, or consequential loss or damage (whether for loss of profit, loss of business, depletion of goodwill or otherwise), claims of death or personal injury, costs, expenses, or other claims for consequential compensation whatsoever (and howsoever) caused, including slander or personal offence which arise out of use or in connection with the Website’s communication.

12. Warranties and disclaimers

12.1 You agree and acknowledge that the Website is provided on an “as is” basis. Except as specifically set forth herein, YBME does not make and hereby disclaims, any and all warranties, express or implied, including, but not limited to, implied warranties of merchantability, quality, fitness for a particular use or purpose, technical performance, quiet enjoyment, or non-infringement, as well as any warranties arising out of course of dealing or usage of trade and services.

12.2 We make no warranty that the Website or the Content will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We do not warrant the accuracy, timeliness, completeness, or reliability of any Content obtained through the Website. No information provided through the Website or by us, whether oral or written, will create any warranty not expressly stated herein. Your reliance on the Content obtained or used by you through the Website is solely at your own risk.

12.3 YBME does not endorse any Content posted, submitted, or otherwise provided by any User, nor any opinion, recommendation, or advice expressed therein. We expressly disclaim any liability in connection with such Content. You agree that we are not responsible for the accuracy, consistency, or completeness of information uploaded and displayed on our Website.

12.4 YBME takes no responsibility and assumes no liability for any Content posted, stored, transmitted, or uploaded to the Website by you (in the case of Your Content), or by any third party (in the case of any Content more generally), nor for any loss or damage thereto. We are not liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography, or profanity you may encounter.

12.5 Users acknowledge that YBME may store, record, or document any information exchanged between Users and YBME, and that YBME employs the most up-to-date applications and security systems to ensure that all data entered online via the Website is encrypted.

12.6 Users must ensure the accuracy and authenticity of all information they provide to us through the Website, including but not limited to personal data and information supplied by the User on behalf of any third-party the User wishes to refer to YBME.

12.7 Users acknowledge that YBME will process personal data, including but not limited to names and e-mail addresses, to provide continued access to the Website, improve the Website, and prevent unauthorised use.

12.8 Users acknowledge and agree that YBME is not responsible now or at any time in the future for any unauthorised access, including but not limited to, any virus or other harmful code that may infect the User’s device because of using the Website.

12.9 Users are responsible for obtaining, maintaining, and setting up any equipment and/or hardware required to access and use the Website. Users will also be responsible for protecting this equipment with up-to-date virus protection, personal firewalls, and other measures they deem necessary to ensure the security of the Website.

12.10 Users accept that YBME will not be liable if the Website transmits information that has been accessed, altered, and/or corrupted.

12.11 Users accept that YBME may need to suspend access to the Website periodically for maintenance and/or unforeseen downtime and may do so at its sole discretion without prior notice.

12.12 All interactions between Users and YBME must be conducted responsibly, ethically, professionally, and legally.

12.13 We may do any or all the following without notice:

12.13.1 investigate your use of the Website as we see fit to comply with any Applicable Law(s), regulation(s), government request(s), or legal process(es);

12.13.2 terminate your access to the Website and suspend your Account temporarily or indefinitely if we determine you have violated these Terms; and
12.13.3 modify the Website and any Content without prior notice.
12.14 While using the Website, you make the following representations and warranties to YBME:
12.14.1 you are eighteen (18) years or older and legally permitted to use the Website; and
12.14.2 you understand and accept that you are solely responsible for any information you choose to disclose to YBME.

12.15 The Products advertised on the Website will be available to Users aged at least eighteen (18). We are committed to protecting children’s privacy. Therefore, we do not encourage persons under 18 (“Minor”) to use the Website. If a Minor wishes to access the Website, they should do so with the assistance of a parent/guardian/an authorised adult under supervision. We do not collect personally identifiable information from minors knowingly.

12.16 If a Minor has (i) created an Account; (ii) used an Account belonging to a parent/guardian/adult; or (iii) used the Website for any purpose, the Account holder and/or User warrants that such actions are performed under the guidance of an adult after obtaining relevant consent. The User agrees that the Minor is bound by these Terms and that YBME is not liable for any failure to comply with this Clause 12.16.

12.17 When a User visits the Website or contacts us via email, they agree to communicate electronically. We will primarily contact Users by email but may use other methods, such as telephone or messages on the Website, if necessary. Users acknowledge that all electronic communications, including agreements, notices, and disclosures, satisfy any legal requirement for written form. Users agree to keep their contact details, especially their email address, current and active.

12.18 We may share Users’ personal data with YBME’s partners and third parties authorised to access such data, including third-party aggregators partnered with the Website, but not limited to. limited to, delivery aggregators, third-party payment facilitators, and any other platform and/or entity that we are engaged with in enhancing our business from time to time.

12.19 Users are responsible for taking all reasonable steps to ensure that no unauthorised person receives access to your passwords or Accounts. You grant us and all other persons or entities involved in the operation of the Website the right to transmit, monitor, retrieve, store, and use your information in connection to the operation of the Website. We Do not accept any responsibility or liability for any information you submit, or for third parties’ use or misuse of information transmitted or received using Website tools and services.

12.20 We hereby exclude all other representations and warranties relating to the subject matter of these Terms, the Website and the use of the Website in any manner other than as expressly stated herein.

13. Privacy policy

13.1 To provide the Products, we require information about you, and we only use your data when we have a legal basis to do so. Please refer to our Privacy Policy to understand what information we collect, how we use it, and the options available to you when using our Website.

13.2 We follow standard data collection, storage, processing practices, and security measures in accordance with UAE ICT and TRA laws, as well as GDPR regulations, to safeguard against unauthorised access, alteration, disclosure, or destruction of Users’ data stored on our Website.

13.3 You acknowledge and agree that we reserve the right to modify these general practices at any time and at our sole discretion.

14. Limitation of liability

14.1 You understand and agree that under no circumstances will the officers, directors, employees, agents, or licensors of YBME be liable for any indirect, incidental, special, exemplary, or consequential damages arising from or related to the Content or any Product. This includes, but is not limited to, damages resulting from loss of use, data, or profits, whether or not we have been advised of the possibility of such damages.

We shall also not be liable for any damages related to personal or bodily injury or emotional distress connected to these Terms, or from:

14.1.1 The use or inability to use the Content;
14.1.2 Unauthorised access to or alteration of Your Content;
14.1.3 Statements or behaviour of any User;
14.1.4 Inaccurate information provided on the Website;
14.1.5 Use or inability to use the Product; or
14.1.6 Any other matter concerning the Website and its Content, whether based on warranty, intellectual property, contract, tort (including negligence), product liability, or other grounds.

14.2 We will not be liable for any loss or damage caused by viruses or other technologically harmful material that may infect your computer and mobile equipment, programs, data, or other proprietary material due to your use of our Website or to your downloading of any material posted on it.

14.3 We will not be held liable for any Content uploaded onto or downloaded from the Website. Any Content uploaded to or downloaded from the Website will be the sole responsibility of the Users. YBME will not be held liable for any Content which has been lost, stolen, destroyed or otherwise, whether uploaded to, or downloaded from the Website with or without the consent of the Users.

14.4 We will not be held responsible for the quality, accuracy, or legitimacy of any information provided to YBME by Users, or to Users through the Website. You hereby acknowledge and agree that your acceptance of information provided to YBME is of your own choice and we will not be held liable for any loss or damage resulting from your reliance on any information, conversations, or Content thereof made available to you.

14.5 Users acknowledge and agree that they will not bring any claim against YBME or any of our officers, directors, employees, agents and licensors in respect of any losses they suffer in connection to the Website or these Terms.

15. Indemnity

Users acknowledge and agree to indemnify, defend, and hold harmless each of us, along with our respective officers, directors, employees, agents, and licensors, from and against any claims, actions, demands, liabilities, settlements, lawsuits, and costs of every kind related to any violation of the law or these Terms. Such costs include, but are not limited to, reasonable legal and accounting fees resulting from or alleged to result from your access to, or use of the Website and the Content, or your breach of these Terms.

16. Violations

16.1 If YBME becomes aware of any potential breaches of these Terms by you, we reserve the right to investigate such breaches. If, because of the investigation, we suspect or have reason to believe that criminal activity has taken place, we will refer the matter to the relevant legal authorities.

16.2 YBME is entitled, unless prohibited by Applicable Law(s), to disclose any information or materials on the Website, including Your Content, to:

16.2.1 Comply with Applicable Law(s), legal processes, or government requests;
16.2.2 Enforce the Terms;
16.2.3 Respond to claims that Your Content infringes on third-party rights;
16.2.4 Respond to your customer service requests, provided no confidential information is disclosed (customer service will only access details necessary to assist with queries regarding your Listing(s), Order(s), Account, or Website access); and
16.2.5 Protect the rights, property, or personal safety of YBME, its Users, the public, and all law enforcement or government officials, as YBME deems necessary or appropriate.

16.3 If the User breaches these Terms, YBME may temporarily suspend or indefinitely terminate the User’s Account at our sole discretion.

17. Severability

If any court or competent legal authority determines that any provisions or paragraphs of these Terms are invalid, unlawful, or unenforceable to any extent, the Term will, to that extent, be severed from the remaining Terms, which will continue to be valid to the fullest extent permitted by the Applicable Law(s).

18. Waiver

18.1 If we fail to enforce strict compliance with any of the Users’ obligations under these Terms, or fail to exercise any of the rights or remedies to which we are entitled under these Terms, this does not constitute a waiver of such rights or remedies and does not exempt Users from fulfilling such obligations.

18.2 Waiver by us of any default(s) will not constitute a waiver of any future default(s).

19. Third-Party Rights

These Terms and Conditions are between the Users and us. No other third-party shall have any right to enforce any of its terms unless expressly stated in these Terms or authorised in writing by YBME.

20. Force majeure

20.1 YBME will not be held responsible for any failure or delay in performing our obligations under these Terms caused by events beyond our reasonable control, including but not limited to acts of God, internet failure, data/database/software malfunction, service errors, Website updates (including maintenance, repairs, bugs, fixtures, and other technical issues), or events such as fire, flood, severe weather, explosion, war, riot, civil unrest, acts of terrorism, industrial disputes (whether or not involving YBME’s employees), epidemics, pandemics, lockdowns, virus outbreaks, or actions by local or central authorities.

20.2 YBME reserves the right to postpone, cancel, or offer a refund at its discretion in the event of a force majeure. Any refunds are at YBME’s sole discretion.

21. Governing law and jurisdiction

21.1 These Terms and Conditions shall be governed by and construed in accordance with, the laws of the Dubai Economic Department (“DED”), along with the applicable laws, including but not limited to the electronic transaction and e-commerce laws of the UAE.

21.2 The parties irrevocably agree that the DIFC Courts shall have exclusive jurisdiction to settle any dispute or claim arising out of or relating to these Terms or their subject matter or formation (including non-contractual disputes or claims). The parties further agree and acknowledge that disputes falling under Dubai law and requiring enforcement of a DIFC Court judgment may be settled in the Civil Courts of Dubai, subject to an order from the DIFC Courts declaring that the dispute falls within their jurisdiction.

22. Contact information

For further inquiries or comments regarding Website or these Terms and Conditions, please contact us via email at support@yunitedbeauty.com and we will respond within seven (7) to ten (10) working days.