References in these Terms and Conditions to “we”, “us” and “OJAR” are to BAHWAN LIFESTYLE LLC, established and registered as a UAE company located at B1601, Tower B, Opus Tower, Business Bay, Dubai, United Arab Emirates. PO.Box 500061.
For the purposes described in this Policy, OJAR may collect the following categories of personal information:
Your personal information is collected either directly from you (e.g., if you create an account on one of our sites/apps or make a purchase or otherwise interact with our client advisors in stores or with our OJAR Client Services), or from you passively (e.g., when using tracking tools like browser cookies), or from third parties (e.g. through social media platforms).
If you choose not to submit any personal information when requested to perform a contract or when required by law, you will not be able to receive the product or service you ordered or otherwise register on our web sites, apps or other media.
We use various technologies to collect information (such as your web request, Internet Protocol address, browser type, browser language, the date and time of your request) about your visit to our Site and to enhance and customize your experience on our Site. For example, we may collect the Internet Protocol (IP) address identifying your computer or device and indicating your geographic region for statistical purposes. In some instances, we may use these technologies in combination with the personal information you provide on the Site. These technologies may provide a variety of information such as whether you have visited our Site before. They also may enable you to save your preferences. Each technology is explained below.
Use made of your personal data
We use Personal Data held about you in the following ways:
Information you give to us: we will use this information in relation to:
This website uses Google Analytics, a web analytics service provided by Google, Inc. (“Google”). Google's advertising requirements can be summed up by Google's Advertising Principles. They are put in place to provide a positive experience for users. https://support.google.com/adwordspolicy/answer/1316548?hl=en
We along with third-party vendors, such as Google use first-party cookies (such as the Google Analytics cookies) and third-party cookies or other third-party identifiers together to compile data regarding user interactions with ad impressions, and other ad service functions as they relate to our website.
We collect this information so we can personalize your shopping experience and make sure you can easily find what you really want and need. We also use it to process your orders efficiently and accurately (i.e. we might have to call you to confirm an address), for statistical and survey purposes, to make sure you’re included when we consider making site changes and/or adding new product lines and ensure the web content advertisements appearing on your screen are specially tailored to your needs. We will only contact you by email about special offers and deals with your prior consent.
To disable the Google Analytics cookie and any other third party web analytics service provider cookies, some browsers indicate when a cookie is being sent and allow you to decline cookies on a case-by-case basis.
Information We Share and With Whom We Share It
We will not provide your personal information to third parties for their use in marketing their products or services to you without your consent, except as described in the “Business Transfers” Section below. In addition, we do not sell or otherwise disclose personal information about our Site visitors except as described here.
In addition, in some instances, you may be offered the opportunity to consent to the sharing of your information with a third party such as an event or promotion co-sponsor. If you consent, we will share your information with such third party and the information you provide may be used by such third party for their own purposes and in accordance with their own policies.
Information We collect about you may be transferred to, stored and processed in countries / regions where an OJAR entity is located to ensure you may benefit from better services wherever you visit us and for the purposes defined in this Policy.
We may also transfer your personal information to the service providers involved in the maintenance of our web sites, apps or social media or any other tool used for the processing of our clients or prospects information.
Some recipients are located in third countries / regions which are considered as not providing the same level of data protection as the EU country in which you provided your information.
If you are under 18 years of age, you may browse our Site. However, you may not provide personal information to us. For example, you cannot register. This Site is not designed for persons under the age of 18 and we do not knowingly collect personal information from anyone under the age of 18. If we become aware that we have inadvertently received personal information from a visitor under the age of 18 on the Site, we will delete the information from our records.
We maintain reasonable safeguards for this Site to protect against unauthorized disclosure, use, alteration or destruction of the personal information you provide on the Site. If you have any questions about security at our Site, you can send an email to email@example.com.
You may request access to the personal information we maintain about you. If you request such access, we will provide you with all the information as required by law on the purposes of the processing, categories of data processed, categories of recipients, data retention term, etc.).
You may also obtain a copy of any personal information that We hold about you in our records in a format compatible and structure to allow you to exercise your right to data portability when the processing is based on your consent.
You can also provide general or specific instructions on how your personal data should be processed and may be used, after your death.
You may also request that We correct, amend, erase, any information which is incomplete, out of date or inaccurate.
You can request the deletion of your Personal information (i) if your personal information is no longer necessary for the purpose of the data processing, (ii) you have withdrawn your consent on the data processing based exclusively on such consent, (iii) you objected to the data processing, (iv) the personal information processing is unlawful, (v) the personal information must be erased to comply with a legal obligation applicable to OJAR. OJAR will take reasonable steps to inform the other entities of the OJAR group of such erasure.
You can request the restriction of the processing (i) in the event the accuracy of your personal information is contested to allow OJAR to check such accuracy, (ii) if you wish to restrict your personal information rather than deleting it despite the fact that the processing is unlawful, (iii) if you wish OJAR to keep your personal information because you need it for your defence in the context of legal claims (iv) if you have objected to the processing but OJAR conducts verification to check whether it has legitimate grounds for such processing which may override your own rights.
You also have the right to lodge a complaint with the competent supervisory authority.
Our contact details are firstname.lastname@example.org. When your information processing is based on your consent (for instance when you accept to receive communication materials), You may withdraw any consent you previously provided to Us at any moment, without affecting the lawfulness of processing based on your consent before withdrawal.
When your information is processed to pursue our legitimate interests, you may object to such processing, if Our legitimate interest may be overridden by your interests and freedom).
To exercise these rights, please contact us at: email@example.com, and we will respond.
You may choose whether or not you would like to receive Email from us. You may change your preferences with respect to Email at any time clicking the "unsubscribe" link at the bottom of each Email you receive from us, or emailing us at firstname.lastname@example.org. You may unsubscribe from receiving Text Messages, by contacting email@example.com. You may also choose not to receive mail or phone communications by emailing us at firstname.lastname@example.org and specifying that this is your preference.
OJAR will assume control and responsibility for the personal information that you provide to us.
We attempt to be as accurate as possible when describing products on the Site; however, to the extent permitted by applicable law, we do not warrant that the product descriptions, colors or other content available on the Site are accurate, complete or error-free. With respect to such product descriptions, we undertake to eliminate from the Site, as soon as practicable, incorrect information or to replace such information with correct information.
All content available on the Site, including, but not limited to, text, graphics, logos, button icons, images, audio clips, data compilations, and software, and the compilation thereof (the “Content”) is the property of OJAR, our “Affiliates”, our partners or our licensors, and is protected by copyright laws. An “Affiliates” is a person or entity that directly, or indirectly through one or more intermediaries, controls or is controlled by, or is under common control with, our company.
The trademarks, logos, service marks, industrial drawings and any other signs, designations or symbols which may be used for industrial or commercial purposes and which are displayed on the Site (collectively, the “Trademarks”) are the registered and unregistered marks of OJAR, our Affiliates, our licensors or our partners, in the United Arab Emirates and other countries, and are protected by trademark and industrial property laws.
Except as set forth in the limited license in Limited Licenses section below, the Site (in whole or in part), the Content and the Trademarks may not be used, reproduced, duplicated, copied, sold, resold, accessed, modified, or otherwise exploited, in full or in part, for any purpose without our prior written consent.
We grant you a limited, revocable, and non-exclusive license to access and make personal use of the Site. Please note that you may not frame or utilize framing techniques to enclose the Site or any portion thereof without our prior written consent.
The limited license set forth in this section does not include the right to: (i) modify or download the Site or its contents (except caching or as necessary to view content); (ii) make any use of the Site or its Content other than personal use; (iii) create any derivative work based upon either the Site or its Content; (iv) collect account information for the benefit of another party; (v) use any meta tags or any other “hidden text” utilizing our name or the Trademarks or to otherwise use the Trademarks; or (vi) use software robots, spiders, crawlers, or similar data gathering and extraction tools, or take any other action that may impose a burden or load on our infrastructure.
You are granted a limited, revocable, and non-exclusive right to create a hyperlink to the home page of the Site for personal, non-collective and non-commercial use only. A website that links to our Site (i) may link to our home-page only, and may not replicate, our Content; (ii) may not imply that we are endorsing such website or its services or products; (iii) may not misrepresent its relationship with us; (iv) may not contain content that could be construed as distasteful, obscene, offensive or controversial, and may contain only content lawful and appropriate for all ages; (v) may not portray us or our products or services, in a false, misleading, derogatory, or otherwise offensive or objectionable manner, or associate us with undesirable products, services, or opinions; (vi) may not use any Trademark without express written permission; and (vii) may not link to any page of the Site other than the home page. We may, in our sole discretion, request that you remove any link to the Site, and upon receipt of such request, you shall immediately remove such link.
Any unauthorized use by you of the Site automatically and immediately terminates the limited license set forth in this section without prejudice to any other remedy provided by applicable law or these Terms and Conditions.
In the access or use of the Site, you shall comply with these Terms and Conditions and the special warnings or instructions for access or use contained on the Site. You shall act always in accordance with the law, custom and the requirements of good faith, using the diligence suitable for the nature of the information, statements or any content or services from which you benefit.
You may not make any change or alteration in the information, statements or any other content or services that may appear on this Site and you may not impair in any way the integrity or operation of the Site.
Without limiting the generality of any other provision of these Terms and Conditions, if you default negligently or willfully in any of the obligations set forth in these Terms and Conditions, you shall be liable for all the losses and damages that this may cause to OJAR and its Affiliates.
We are not responsible for the content of any off-Site pages or any other websites linked to or from the Site. Links appearing on the Site are for convenience only and are not an endorsement by us, our Affiliates or our partners of the referenced content, product, service, or supplier. We may, in our sole discretion, remove from time to time any links from our Site. Your linking to or from any off-Site pages or other websites is at your own risk. We are in no way responsible for examining or evaluating, and we do not warrant the offerings of, off-Site pages or any other websites linked to or from the Site, nor do we assume any responsibility or liability for the actions, content, products, or services of such pages and websites, including, without limitation, their privacy policies and terms and conditions. You should carefully review the terms and conditions and privacy policies of all off-Site pages and other websites that you visit.
It is our policy to decline unsolicited suggestions and ideas. Notwithstanding our policy with regard to unsolicited suggestions and ideas, any inquiries, feedback, suggestions, ideas or other information you provide us including via a chat, blog, bulletin board or any other forum for discussion or comment on this Site (collectively, "Submissions") will be treated as non-proprietary and non-confidential. By transmitting or posting any Submission, you hereby grant us a non-exclusive, royalty-free, transferable, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, sell, assign, translate, create derivative works from, distribute, and display any Submission in any form, media, or technology, whether now known or, if permitted by applicable law, hereafter developed, alone or as part of other works for the entire duration of the applicable intellectual property right. Under no condition will you ever object to OJAR or its Affiliate’s exploitation of the Submission in any form, media or technology later developed. You also acknowledge that your Submission may not be returned and we may use your Submission, and any ideas, concepts or know how contained therein, for any purpose including, without limitation, developing, manufacturing, distributing and marketing products.
If you make a Submission, you represent and warrant that you own or otherwise control the rights to your Submission. You further represent and warrant that such Submission does not constitute or contain software viruses, commercial solicitation, chain letters, mass mailings, or any form of "spam". You may not use a false email address, impersonate any person or entity, or otherwise mislead us as to the origin of any Submission. You agree to indemnify us for all claims arising from or in connection with any claims to any rights in any Submission or any damages arising from any Submission.
When you transmit, upload, post, e-mail or otherwise make available data, text, software, music, sound, photographs, graphics, images, videos, messages or other materials ("User Content") on the Site, you are entirely responsible for such User Content. Such User Content constitutes a Submission under the Submissions section above. This means that all third parties, and not we, are entirely responsible for all User Content that they post to the Site. You agree not to engage in or assist or encourage others to engage in transmitting, uploading, posting, e-mailing or otherwise making available on the Site User Content that (a) is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; (b) you do not have a right to make available under any law or under contractual or fiduciary relationships; (c) is known by you to be false, inaccurate or misleading; (d) you were compensated for or granted any consideration by any third party; or (e) infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party. In addition, you agree not to transmit, upload, post, e-mail, or otherwise make available any software viruses, unsolicited or unauthorized advertising, solicitation or promotional material, including chain letters, mass mailings, or any form of "spam." You further agree not to (i) impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with any person or entity; (ii) "stalk" or otherwise harass including advocating harassment of another, entrap or harm any third party including harming minors in any way; (iii) forge headers or otherwise manipulate identifiers in order to disguise the origin of any User Content; (iv) intentionally or unintentionally violate any applicable local, state, national or international law; or (v) collect or store personally identifiable data about other users.
We do not endorse or control the User Content transmitted or posted on the Site and therefore, we do not guarantee the accuracy, integrity or quality of User Content. You understand that by using the Site, you may be exposed to User Content that is offensive, indecent or objectionable to you. Under no circumstances will we be liable in any way for any User Content, including, without limitation, for any errors or omissions in any User Content, or for any loss or damage of any kind incurred by you as a result of the use of any User Content transmitted, uploaded, posted, e-mailed or otherwise made available via the Site.
You acknowledge that we have the right (but not the obligation) in our sole discretion to refuse to post or remove any User Content and we reserve the right to change, condense, or delete any User Content. Without limiting the generality of the foregoing or any other provision of these Terms and Conditions, we have the right to remove any User Content that violates these Terms and Conditions or is otherwise objectionable and we reserve the right to refuse service without prior notice for any users who violate these Terms and Conditions or infringe the rights of others.
We respect the intellectual property of others. If you believe that copyrighted materials have been copied in a way that constitutes copyright infringement, please send an e-mail or written notice to our Designated Agent for notices of infringement and provide the following: (i) identification of the copyrighted work(s) that you claim has been infringed and confirmation that you are the copyright owner or authorized to act on the copyright owner's behalf; (ii) a description of the material that you claim is infringing and the location of that material on the Site; (iii) your address, telephone number and email address.
Note: the above contact information is provided exclusively for notifying OJAR that copyrighted material may have been infringed. All other inquiries will not receive a response through this process and should be directed to our customer service group by email to email@example.com.
By offering this site, OJAR does not undertake any kind of a commercial transaction with the user. The site is presented "As is." we make no representations or warranties of any kind whatsoever, express or implied, in connection with these terms and conditions or the site, including but not limited to warranties or conditions of satisfactory quality, merchantability, non-infringement or fitness for a particular purpose, except to the extent such representations, warranties and conditions are not legally excludable.
You agree that, to the fullest extent permitted by applicable law, we will not be responsible or liable (whether in contract, tort (including negligence) or otherwise), under any circumstances, for any (a) interruption of business; (b) access delays or access interruptions to the site; (c) data non-delivery, misdelivery, corruption, destruction or other modification; (d) loss or damages of any sort incurred as a result of dealings with or the presence of off-website links on the site; (e) computer viruses, system failure or malfunctions which may occur in connection with your use of the site, including during hyperlink to or from third party websites; (f) obligation to monitor or to verify the information, statements or any other content or services of the other websites that may be accessed through the hyperlinks existing on the site; (g) any inaccuracies or omissions in the content; or (h) events beyond our control.
Further, to the fullest extent permitted by law we will not be liable for any direct, indirect, special, incidental, or consequential damages of any kind (including lost profits) related to the site regardless of the form of action whether in contract, or otherwise, even if we have been advised of the possibility of such damages.
To the fullest extent permitted by applicable law, you agree to defend, indemnify and hold us harmless for any loss, damages or costs, including attorneys' fees, resulting from any third party claim, action, or demand resulting from your use of the Site. You also agree to indemnify us for any loss, damages, or costs, including attorneys' fees, resulting from your use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action you take that imposes an unreasonable burden or load on our infrastructure.
With respect to any dispute regarding the Site, your rights and obligations and all actions contemplated by these Terms and Conditions shall be governed by the laws of the United Arab Emirates, as if the Terms and Conditions were a contract wholly entered into and wholly performed within UAE, subject to foreign legal mandatory provisions. To the fullest extent permitted by applicable law, any dispute relating in any way to your visit to the Site shall be submitted to confidential arbitration in Dubai, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any court, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the International Chamber of Commerce. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
To the extent arbitration is not permitted by applicable law, any dispute relating in any way to your visit to the Site shall be submitted to an appropriate court or other judicial body in Dubai, as applicable, without prejudice to the applicable law and all applicable provisions of this section, and subject to our right to seek injunctive or other appropriate relief in any court, if you have in any manner violated or threatened to violate our intellectual property rights and you consent to exclusive jurisdiction and venue in such courts.
You acknowledge and agree that these Terms and Conditions constitute the complete and exclusive agreement between us concerning your use of the Site, and supersede and govern all prior proposals, agreements, or other communications. We reserve the right, in our sole discretion, to change these Terms and Conditions at any time by announcing and posting the changes on the Site. Any changes are effective immediately upon posting to the Site and your continued use of the Site constitutes your agreement to all such modified Terms and Conditions. We may, with or without prior notice, terminate any of the rights granted by these Terms and Conditions, to the fullest extent permitted by applicable law. You shall comply immediately with all termination or other notice, including especially, as applicable, by ceasing all use of the Site. These Terms and Conditions were last updated on August 30, 2020.
Nothing contained in these Terms and Conditions shall be construed as creating any agency, partnership, or other form of joint enterprise between us. Our failure to require your performance of any provision hereof shall not affect our full right to require such performance at any time thereafter, nor shall our waiver of a breach of any provision hereof be taken or held to be a waiver of the provision itself. In the event that any provision of these Terms and Conditions shall be unenforceable or invalid under any applicable law or be so held by any applicable arbitral award or court decision, such unenforceability or invalidity shall not render these Terms and Conditions unenforceable or invalid as a whole but these Terms and Conditions shall be modified, to the extent possible, by the adjudicating entity to most fully reflect the original intent of the parties as reflected in the original provision. If you have any questions regarding these Terms and Conditions, please email us at firstname.lastname@example.org.
We have taken great measures to ensure that your visit to our Site is an excellent one and that your privacy is constantly respected. If you have any questions, comments or concerns about our privacy practices, please contact us by email at email@example.com. If you have questions related to Text Messages, please contact us at firstname.lastname@example.org.