Terms & Conditions

Welcome to Noor Al Hayawiia Trading LLC! These Terms of Service (“Terms”) govern your use of the Noor Al Hayawiia Trading LLC website, www.hayawiia.com (the “Site”), any Noor Al Hayawiia Trading LLC mobile application (the “App” and together with the Site, the “Platform”), and any features, content, products and other services offered by Noor Al Hayawiia (collectively, the “Services”). Note that section 24 of these terms contains a mandatory arbitration provision that requires the use of arbitration on an individual basis and limits the remedies available to you in the event of certain disputes.

Please read these Terms carefully. By visiting our Platform and/or by using the Services, you agree to be bound by these Terms, including those additional terms and conditions and policies referenced herein and/or available by hyperlink, including the Privacy Policy. We reserve the right to update, change, or replace any part of these Terms by posting updates and/or changes here. You are encouraged to review these Terms each time you use the Services because your use of the Services after the posting of changes will constitute your acceptance of the changes.

The Platform and Services are owned by Noor Al Hayawiia Trading LLC, its licensors, or other providers of such material and are protected by UAE and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. We grant you a personal, limited, nontransferable, nonexclusive license to access and use the Platform and Services. We reserve the right, in our sole discretion and without notice to you, to revise the products and offers available on the Services and to change, suspend or discontinue any aspect of the Services and we will not be liable to you or to any third party for doing so.

You agree that by placing an order on the Services and agreeing to these Terms, you are entering into a binding contract with Noor Al Hayawiia Trading LLC and agree to pay all charges that may be incurred by you or on your behalf through the Services, at the price(s) in effect when such charges are incurred, including, without limitation, all shipping and handling charges. In addition, you remain responsible for any taxes that may be applicable to your Transactions.

Section 1 - Use of Services

You may use the Services only for your own noncommercial personal use and in compliance with these Terms. You are responsible for your own communications, including the transmission, uploading or posting of information to the Services and are responsible for the consequences of such communications. Any other use of the Services requires the prior written consent of Noor Al Hayawiia Trading LLC. You may not otherwise copy, modify, or distribute the contents of the Services without the prior written consent of Noor Al Hayawiia Trading LLC. You may not modify, publish, transmit, participate in the transfer of, sell, create derivative works from, or in any way exploit any of the content found on the Services, in whole or in part.

You may not use the Services for any of the following purposes:

• Posting, communicating or transmitting any material that infringes on any intellectual property, publicity, or privacy right of another person or entity.
• Engaging in any harassing, threatening, intimidating, predatory, or stalking conduct.
• Posting any information which is untrue, inaccurate, or not your own.
• Using or attempting to use another user’s account without authorization from such user and Noor Al Hayawiia Trading LLC.
• Using the Services in any manner that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the Services or that could damage, disable, overburden, or impair the functioning of the Site, the App, and Services in any manner.
• Engaging in conduct that would constitute a criminal offense or give rise to civil liability or otherwise violate any law or regulation.
• Attempting to interfere in any way with the Platform, Noor Al Hayawiia Trading LLC’s network security, or attempting to use the Services to gain unauthorized access to any other computer system.
• Using the Services to drop ship merchandise to third parties.
• Purchasing in bulk for resale.
• Purchasing products for commercial use or in connection with distribution via a commercial meal service (e.g. school cafeteria; school snacks, etc.
 

Section 2 - Services Not for Minors

The Services are not targeted toward or intended for use by anyone under the age of 18. By agreeing to these Terms of Service, you represent that you (a) are 18 years of age or older, (b) are a legal resident of the GCC, (c) have not been previously suspended or removed from the Services, or engaged in any activity that could result in suspension or removal from the Services, (d) do not have more than one Noor Al Hayawiia Trading LLC account, and (e) have full power and authority to enter into these Terms and in so doing will not violate any other agreement to which you are a party.

Section 3 - Noor Al Hayawiia Trading LLC Membership

In order for you to take advantage of the membership Services, you will be required to sign up for a Noor Al Hayawiia Trading LLC Membership. Information regarding the cost of the Membership can be found on our FAQs (the “Membership Fees”). All Membership Fees are paid in advance for the Membership Term; such term will vary based on the initial membership period you selected, i.e. 1 year, 6 months, etc. (the “Term”).

Automatic Renewal Terms: All Memberships renew automatically for the Membership Term until you cancel. By purchasing a Membership, you agree and acknowledge that your Membership except for the Pay As You Go have an initial prepayment feature for the selected period of Service and a recurring Membership Fee at the then-current Membership rate for your selected Term, and you accept responsibility for all recurring charges prior to cancellation, including any charges processed by Noor Al Hayawiia Trading LLC after the expiration date of your payment card, where applicable.

Cancellation Policy For Memberships: You may cancel your Membership at any time by contacting emailing us at weare@hayawiia.com. Upon cancellation you will not be charged for any renewal periods and your Membership will not continue past the then current period. However, all Membership Fees paid prior to termination of your Membership are non-refundable and you shall be responsible for any charges for the Membership prior to your cancellation.

Changes To Membership Price: We reserve the right to adjust pricing for our Memberships, Services, or any components thereof in any manner and at any time in our sole and absolute discretion. Except as otherwise expressly provided for in these Terms, any price changes or changes to your Membership Fees will take effect following notice to you.

Section 4 - Trial Membership Offers

Noor Al Hayawiia Trading LLC may offer free trial Memberships (“Free Trial”). The terms and conditions of such Free Trial will be communicated to you when you sign up for the Free Trial.

Automatic Renewal For Trial Periods: Once your free trial ends, we (or our third-party payment processor) will begin billing your designated payment method on a recurring basis for your Membership (plus any applicable taxes and other charges) for your Membership Term, or if you did not preselect a Term, until you cancel your Membership.

Cancellation Policy For Trial Periods: You may cancel your Membership at any time prior to the end of the trial period by contacting us at weare@hayawiia.com. Please note that you may not receive a notice from us that your free trial has ended or that the paid portion of your subscription has begun.

Section 7 - Accuracy, Completeness, and Timeliness of Information

We are not responsible if information made available on the Services is not accurate, complete, or current.

All descriptions, images, references, features, content, specifications, products, and prices of products and services described or depicted on the Services are subject to change at any time without notice. It is your responsibility to ascertain and obey all applicable local, state, federal, and international laws (including minimum age requirements) in regard to the receipt, possession, use, and sale of any item purchased from the Services.

Section 8 - Modifications to the Service and Prices

Prices for Services and any products made available through the Services are subject to change without notice. Noor Al Hayawiia Trading LLC reserves the right, with or without prior notice, to do any one or more of the following: (i) limit the available quantity or discontinue any product or service; (ii) impose conditions on the honoring of any coupon, coupon code, promotional code, or other similar promotion; (iii) bar any user from making or completing any or all Transaction(s); and (iv) refuse to provide any user with any product or service.

Section 9 - Accuracy of Billing and Account Information

When you sign up for a Membership or purchase any product or service made available through the Services (each such purchase, a "Transaction"), you agree to provide current, complete, and accurate purchase and account information. You agree to promptly update your account and other information, including your email address and credit card account information, expiration dates and shipping address, so that we can complete your Transactions and contact you as needed.

In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.

You represent and warrant that you have the legal right to use any credit card(s) or other payment method(s) utilized in connection with any Transaction. Verification of information may be required prior to the acknowledgment or completion of any Transaction.

Section 10 - Additional Terms and Conditions, Risk of Loss, Return Policy

• Additional Terms & Conditions

You agree that additional terms and conditions may apply to specific products, orders, or use of certain portions of the Services, including with respect to ordering and shipping policies, review guidelines, Returns Policy and refer-a-friend programs (“Additional Terms”), which Additional Terms are made part of these Terms by reference. If there is a conflict between these Terms and the Additional Terms, the Additional Terms shall control.

• Risk of Loss

All purchases of physical items from Noor Al Hayawiia Trading LLC are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier (i.e delivery services, such as Ahoy, iMile, etc).

• Return Policy

As an online market, we rely on shipping to service our members and due to our commitment to reducing our carbon footprint, we do not accept returns of any item once it ships unless it is at our discretion. Please review our full Return Policy in FAQ section.

Section 11 - Optional Tools or Links

We may provide you with access to third-party tools or links over which we neither monitor nor have any control or input. You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations, or conditions of any kind and without any endorsement. Any use of optional tools or links is entirely at your own risk and discretion, and we shall have no liability whatsoever arising from or relating to your use of such optional third-party tools.

Section 12 - User Comments, Feedback, and other Submissions

If you send to us user-generated content, such as photos, videos, creative ideas, suggestions, proposals, plans, or other materials (exclusive of your personally identifiable information), whether online (via our website or any of our social media accounts (Facebook, Instagram, etc), by email, postal mail, or otherwise (collectively, “Comments”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use those Comments in any medium. We are and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay compensation for any Comments; or (3) to respond to any Comments.

We may but have no obligation to monitor, edit or remove content that we determine in our sole discretion is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your Comments will not violate any right of any third party, including copyright, trademark, privacy, personality, or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive, or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Services or any related website. You are responsible for all Comments you contribute in any manner to the Services, and you represent and warrant that you have all rights necessary to do so, in the manner in which you contribute it. You are responsible for all your activity in connection with the Services.

Section 13 - Your Consent to Receive Emails and Other Communications

You expressly consent to receive and accept communications from Noor Al Hayawiia Trading LLC, including via e-mail, push notifications or other comparable means at any of the e-mail addresses and/or telephone numbers provided. You agree that the foregoing authorized communications may be initiated for any transactional, customer service, advertising, marketing, promotional, account administration or other purposes. If you consent to receive marketing related text messages, you acknowledge that you are not required to consent to receive “marketing text messages as a condition of purchasing any goods or services. if you wish to opt out of marketing emails or text messages from us, you agree to opt out by following any unsubscribe instructions provided to you in those communications.

Standard text messaging and data charges will apply to text messages we may send. Please be advised that if you opt out of marketing communications, noor al hayawiia trading llc may still send you communications about your account or any transactions.

Section 16 – Promotions and Offers

From time to time, we will provide promotions or offers for our customers (“Promotions”). Such promotions may be subject to separate terms and conditions. In addition, for some products and services exclusions may apply. All Promotions are valid through their stated expiration dates, may be limited to specific quantities, are valid while supplies last and are limited to quantities on hand. You agree to abide by the terms and conditions of any Promotion and acknowledge that circumvention of the terms and conditions of any such Promotion an unauthorized or fraudulent act. You will be liable for damages caused by any such unauthorized or fraudulent act, and Noor Al Hayawiia Trading LLC reserves the right to charge the payment method in your account an amount equal to such damages. All Promotions are subject to cancellation at any time.

The recipient can redeem the eGift for Noor Al Hayawiia Trading LLC shopping credit by visiting the link in the gift email. All eGift recipients must have a valid credit card to redeem their gift. eGifts may be combined with promotional coupons and other gift cards at checkout. eGifts may not be used to purchase additional gift cards.

Section 17 - Disclaimer – No Professional Advice

Any information provided by us regarding the products or otherwise (e.g. product descriptions, promotional videos, blog posts, or instructions) is for informational purposes only. You should not take any action based upon any information contained on the Services. Use of the Services is not meant to serve as a substitute for professional advice. You should read and strictly follow all product labels, packaging inserts, and instructions and all manufacturer directions and warnings and seek independent professional advice when appropriate.

You should always speak with a healthcare professional before taking any dietary, nutritional, herbal, or homeopathic supplement or even certain foods. Noor Al Hayawiia Trading LLC does not warrant and shall have no liability for information provided in the Services regarding recommendations concerning supplements for any and all health purposes. This information is provided solely as a guideline to be used when discussing a program with a healthcare professional. The claims made about specific nutrients or products have not been evaluated by the DHA/FDA etc. Dietary supplements are not intended to diagnose, treat, cure or prevent disease.

Section 18 - Taxes

Your total price will include the price of the product plus any applicable sales tax; such state and local sales taxes are based on the shipping address and the sales tax rate in effect at the time you purchase the product. We will charge tax only in states where the goods sold over the Internet are taxable.

Section 19 - Prohibited Uses

In addition to other prohibitions as set forth in the Terms, you are prohibited from using the Services or its content:

• For any unlawful purpose.
• To solicit others to perform or participate in any unlawful acts
• To violate any international, federal, provincial or state regulations, rules, laws, or local ordinances
• To infringe upon or violate our intellectual property rights or the intellectual property rights of others
• To harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability
• To submit false or misleading information
• To upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Services or of any related website, other websites, or the Internet
• To collect or track the personal information of others
• To spam, phish, pharm, pretext, spider, crawl, or scrape
• For any obscene or immoral purpose
• To interfere with or circumvent the security features of the Services or any related website, other websites, or the Internet or
• In a manner inconsistent with, or in violation of, these Terms. We reserve the right to terminate your use of the Services or any related website for any reason, in our sole discretion and with or without notice to you

Section 20 - Disclaimer of Warranties; Limitation of Liability

Noor Al Hayawiia Trading LLC attempts to display information on the Services as accurately as possible. However, Noor Al Hayawiia Trading LLC does not guarantee or make any representations or warranties concerning any content contained in or accessed on the Services, and we will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Services. We make no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through the Services. The products and services are provided on an “as-is” basis, without warranties of any kind, either express or implied, including without limitation

• implied warranties of merchantability, fitness for a particular purpose, title and non-infringement
• any warranties that arise from trade usage, or
• that the use of the services will be uninterrupted or error-free. some states do not allow limitations on how long an implied warranty lasts, so the above limitations may not apply to you.

Except in cases of willful misconduct and reckless conduct on the part of noor al hayawiia trading LLC, to the fullest extent allowed by applicable law, under no circumstances and under no legal theory (including without limitation, tort, contract, strict liability, or otherwise) shall noor al Hayawiia trading llc be liable to you or to any other person for any indirect, special, incidental, or consequential damages of any kind, including damages for lost profits, loss of goodwill, work stoppage, accuracy of results, or computer failure or malfunction, arising out of or in any way related to the services or products, or otherwise related to these terms (including, but not limited to, any damages caused by or resulting from reliance on any information obtained from noor al hayawiia trading LLC, or from events beyond the noor al Hayawiia trading LLC’s reasonable control, such as site interruptions, deletions of files or emails, errors or omissions, defects, bugs, viruses, trojan horses, delays in operation or transmission or any failure of performance, whether or not resulting from acts of god, communications failure, theft, destruction or unauthorized access to noor al hayawiia’ trading LLC's records, programs or systems), regardless of the form of action, whether based in contract, tort (including, but not limited to, simple negligence, whether active, passive or imputed) or any other legal or equitable theory (even if the party has been advised of the possibility of such damages and regardless of whether such damages were foreseeable).

To the fullest extent permitted by applicable law, in no event shall the maximum aggregate liability of noor al hayawiia trading LLC arising out of or in any way related to the services or products exceed the amount paid for such products or exceed the greater of $100 or the amounts paid by you to noor al Hayawiia trading LLC in connection with the services in the preceding twelve (12) month period. the foregoing limitations shall apply even in the event your remedies hereunder fail of their essential purpose, and the foregoing shall constitute noor al hayawiia trading LLC's sole liability and obligation, regardless of the form of action, whether based in contract, tort, or any other legal or equitable theory.

To the fullest extent permitted by applicable law, you, on behalf of your heirs, executors, administrators, and legal and personal representatives, hereby release, waive, acquit and forever discharge noor al Hayawiia trading LLC from and against, and covenant not to sue, for all claims you have or may have arising out of or in any way related to these terms, the services and the products.the limitations set forth in this section 20 will not limit or exclude liability for personal injury or property damage directly and proximately caused by products you purchase from us, or for our fraud, gross negligence, or intentional, willful, malicious, or reckless misconduct.

Section 21 - Indemnification

You agree to indemnify and hold Noor Al Hayawiia Trading LLC and its affiliates, officers, agents, employees, and partners harmless from and against any and all claims, liabilities, damages (actual and consequential), losses, and expenses (including attorneys’ fees) arising from or in any way related to any third-party claims relating to

• Your illegal use of the Services (including any actions taken by a third party using your account),
• Your violation of these Terms,
• Your posting of any defamatory or infringing content on the Site or App, and
• Your violation of any third-party rights in connection with your use of the Services. In the event of such a claim, suit, or action (“Claim”), we will attempt to provide notice of the Claim to the contact information we have for your account (provided that failure to deliver such notice shall not eliminate or reduce your indemnification obligations hereunder).

Section 22 - Assignment

You may not assign, delegate, or transfer these Terms or your rights or obligations hereunder, or your Services account, in any way (by operation of law or otherwise) without Noor Al Hayawiia Trading LLC’s prior written consent. We may transfer, assign, or delegate these Terms, and our Privacy Policy, along with our rights and obligations herein, and thereto without consent.

Section 23 - Termination

The obligations and liabilities incurred prior to the termination of your Membership or use of our Services shall survive the termination of these Terms for all purposes. Account termination may result in deletion of any content associated with your account, so keep that in mind before you decide to terminate your use of the Services.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we may terminate your Membership and access to the Services at any time without notice and you will remain liable for all amounts due up to and including the date of termination.

Disclaimer

The platform is provided without any warranty of any kind. we and our respective agents/ employees disclaim any and all warranties, either express or implied, including without limitation, warranties of title, implied warranties of fitness for a particular purpose, and non-infringement of proprietary rights to the fullest extent permitted by law, with respect to the platform.

Information on the platform is provided on an “as is” basis and to the fullest extent permitted by law. we, our respective agents/ employees do not give or make any warranty or representation of any kind, whether express or implied, in respect of

• Such information being correct, accurate, reliable or complete;
• The functions contained on the platform will be uninterrupted or error-free; or
• The platform or the server(s) that makes it available are free of viruses or other harmful components, in respect of the platform. you expressly agree that the entire risk as to the quality and performance of the service and the accuracy or completeness of its content is assumed solely by you.

You will use the services offered by us on the platform at your own risk and we do not accept any responsibility for any losses that you may suffer as a result of the use of the platform.

We disclaim any and all liability with respect to the content made available through the platform, including but not limited to the content uploaded by users or the third-party content and services.

• Privacy and Data Protection

We will process your personal data to the extent you have explicitly given us such information and is further described in our Privacy Policy [provide hyperlink]. Please review our Privacy Policy for more information about how we gather, process and manage personal data received from you.

• Confidentiality

We shall not share your confidential information/ data with any third party (other than our affiliates, including financial information needed for payment gateway in order to process payments) unless you have provided your express consent. We maintain strict security standards and procedures with a view to preventing unauthorized access to your confidential information/ data by anyone, including our staff. The same shall solely be used as may be necessary for performing our obligations and in accordance with the Terms.

• Waiver

Our failure to exercise/ enforce any right or require performance of an obligation in the Terms shall not constitute a waiver of such right or provision. No waiver by either us or by you of any breach of any term or provision in the Legal Terms, express or implied, shall operate as a waiver of another breach of the same or of any term or provision of the Legal Terms, express or implied. Headings in the Legal Terms are for convenience only and have no legal effect.

• Severability

If any term or condition contained herein is or may become, under any written law, or is found by any court or administrative body or competent jurisdiction to be illegal, invalid, prohibited or unenforceable then such term or condition shall be ineffective to the extent of such illegality, being void, invalidity, prohibition or unenforceability. Further you and us agree that the court should endeavour to give effect to the intention as reflected in the provision. However, such invalidity or unenforceability shall not affect the other Legal Terms which shall remain in full force and effect. If any part of the Legal Terms is so found to be invalid or unenforceable but would cease to be invalid or unenforceable if some part of the provision were deleted, the term in question shall apply with such modification as may be necessary to make it valid and enforceable.

• Entire Agreement

The Legal Terms represent the entire understanding, which are the complete and exclusive statement of the mutual understanding between you and us, concerning your use of the Platform. Any and all previous courses of dealing, written or oral understandings, discussions, representations, correspondence and communications between us and you relating to the matters covered by the Legal Terms are hereby superseded. You agree that you have not relied upon, and will have no remedy in respect of, any warranty, statement, representation or understanding made by us or any other party unless it is expressly set out in the Legal Terms.

• Future Amendments

You agree that we have exclusive right to amend, without notice, the Legal Terms at any time by posting the relevant amended and restated Legal Terms on our Platform. You should review the Legal Terms regularly to ensure that you are aware of any changes we make. Your continued use of the Platform after the amended Legal Terms are posted on the Platform constitutes your agreement to, and acceptance of, the amended Legal Terms. If a User does not agree with the changes, he remains free to not access, view, or otherwise use any of our services or register as a User.

• Right to refuse services

We reserve our right to refuse any and/or all our services to any User without giving any reason or explanation thereto, and cannot, under any circumstances, be held responsible for such refusal.

• Governing Law and Disputes

The Legal Terms shall be governed by and interpreted in accordance with the laws of the Emirates of [Dubai] and the federal laws of United Arab Emirates, as applicable therein. Any dispute arising out of or in connection with the Legal Terms, including any question regarding its existence, validity or termination, shall be subject to the exclusive jurisdiction of the Courts of [Dubai].

Contact

Any queries or comments about the Platform or Terms should be directed via weare@hayawiia.com to us.

We are also available in our warehouse showroom at the address below.

Building R450,

WH08, 26th Street,

Al Goze Industrial Fourth,

Dubai,

UAE.

P.O Box 448973

Last Updated: March 2021.