These terms of use and any other terms and documents expressly incorporated herein, each as may be amended, supplemented or replaced from time to time (together, the “Terms of Use“) govern your use of all websites and mobile applications owned or operated by Tafani LLC and its related companies (“Tafani LLC “, “Company”, “our”, “we” or “us”) and any other products, services, applications, interactive features, social media, and resources offered by or on behalf of us through internet websites, mobile devices or other devices or platforms (together, the “Services“).

1. Acceptance of Terms of Use

By browsing, accessing or using the Services, or by using any materials, facilities, products or services made available on or through the Services (including any information, content or materials that are located on, form part of or are available through or in connection with the Services) (together, the “Services Materials“), you accept and agree to be legally bound by these Terms of Use, as amended from time to time.

The offering of the Services and the Services Materials to you is conditional on your acceptance of these Terms of Use. If you do not agree to these Terms of Use, you may not access or otherwise use the Services.

1. User

• Eligibility

By accessing or using the Services, you confirm that:

• you are 18 years old or above (or, if you are under 18 years of age, you have consent from your parent or guardian);
• you have full power, capacity and authority to agree to the Terms of Use; and
• have not been previously suspended or removed from using the Services.

• User Information

When you use or register for the Services, you may be asked to provide certain personal information to us (“User Information“) including your name, an email address, a password, your date of birth and other information that we may require from time to time. You may also be required to create a username for your user account (“User Account“) in order to access and use certain aspects of the Services. Some of our Services may not be available to you unless accurate and complete User Information is provided. You agree that your User Information will be accurate and complete and that you will keep it up to date.

Tafani LLC  may, at its sole discretion:

• limit the number of User Accounts that you may create or maintain;
• stipulate additional conditions and requirements for the opening or maintaining of your User Accounts; and/or
• refuse to create a User Account for you.

Our Privacy Policy (https://coway.ae/privacy-policy/) sets out how we collect, hold, use and disclose your User Information and other personal information. The Privacy Policy and any Specific Privacy Statement (as defined in our Privacy Policy) form part of these Terms of Use.

• Security

By creating and using the User Account, you will be responsible for maintaining the security of your User Account access credentials, for all activities that occur under your User Account and any other actions in relation to the User Account (with or without your permission). The Company is not responsible for any loss or activity that results from the unauthorised use of your User Account due to your failure to secure your access credentials.

You should not share the access credentials of your User Account with any other person or allow any other person to access your User Account. You must immediately notify the Tafani LLC team in writing at info@coway.ae of any unauthorised use of your User Account or any other breaches of security.

• Suspension and termination

Subject to Applicable Laws (as defined in section 3.1(a) below), we reserve the right to suspend access to your User Account, or to terminate your User Account and/or your access to the Services (including, but not limited to, the Forum (as defined in section 3.2(c) below)), at any time without prior notice and for any reason (including where you are in breach of any provision of these Terms of Use).

You acknowledge and agree that these Terms of Use continue to apply even after your User Account and/or your access to the Services expires or is terminated, or where you have stopped using the Services. We are not responsible for any loss or liability you may suffer arising from or in connection with any such suspension or termination.

1. Use of the Services

• Prohibited dealings

Our goal is to create a positive and safe experience when you and others use the Services. To promote this goal, we prohibit certain kinds of conduct that may be harmful to other users or to us. By using the Services, you confirm that you will not use the Services or the Services Materials for any of the following:

• unlawful activity – any activity that: (i) involves proceeds from any illegal or unlawful activity; (ii) publishes, distributes or disseminates any illegal or unlawful material or information; or (iii) otherwise violates, or could possibly violate, any law, rule, regulation or any order, request or direction of any governmental, semi-governmental, judicial, quasi-judicial, regulatory, administrative or supervisory body or agency by which Tafani LLC or you are bound in any jurisdiction applicable to the access and use of the Services (“Applicable Laws“).

• unauthorised use – any activity that: (i) interferes with, disrupts, negatively affects or inhibits other users of the Services from accessing or fully enjoying the Services; (ii) introduces to the Services any malware, virus, trojan horse, worms, logic bombs or any other programme that would otherwise result in any technical glitch, malfunction, failure, delay, default or security breach; (iii) attempts to gain unauthorised access, whether through password mining or otherwise, to other User Accounts, computing systems or networks connected to the Services; (iv) undermines the security or integrity of the computing systems or networks on which the Services are hosted; (v) attempts to modify, copy, reproduce, reverse engineer or decompile the Services or the computer programs used to deliver the Services; (vi) uses the User Information or User Account of another person to access or use the Services; or (vii) transfers access or rights to your User Account to a third party.

• abusive acts – any act that: (i) defames, abuses, extorts, harasses, stalks, threatens or otherwise violates or infringes the legal rights (such as, but not limited to, rights of privacy, publicity and intellectual property) of any other person; (ii) incites, threatens, facilitates, promotes, or encourages hate, racial intolerance or violent acts towards any other person; or (iii) harvests or otherwise collects information from the Services about other users of the Services including addresses, phone numbers, email addresses and credit card details.

• fraud – any act that: (i) attempts to defraud Tafani or any other person; or (ii) provides false, inaccurate or misleading information to Tafani.

• Contributed content

• You are solely responsible for all content or materials that you submit or otherwise upload to or through the Services or to us (including any information contributed by you in respect of any blog, forum or chatroom facilitated through the Services, and any comments, feedback or ideas that you send to Tafani) (“Contributed Content“) and expressly agree not to submit or upload any Contributed Content which:

• advertises or promotes any services or brands (with respect to you or any third party);
• contains material that is defamatory, discriminatory, obscene, indecent, abusive, racist, offensive, harassing, violent, hateful, inflammatory or is otherwise objectionable or illegal;
• you know not to be true and honest, or which spreads false or misleading statements;
• you do not have the right to submit or upload, including where the content may infringe any intellectual property rights of any person;
• impersonates any person or entity or otherwise associates, infers or misrepresents any user’s affiliation with a person or entity;
• contains the personal details or confidential information of any third party unless that third party has expressly consented to such use and disclosure;
• contains, or links to, viruses, corrupted data or other harmful, disruptive or destructive files;
• constitutes unsolicited promotions, campaigning, advertising or solicitations, or other types of content which constitute “spam”;
• may expose Tafani or other users of the Services to any harm or liability of any kind; or
• is contrary to any Applicable Laws.

• Tafani has the right, but not the obligation, to monitor all conduct and content submitted to, by, in relation to or through the Services, and may in its sole discretion:

• refuse to publish, remove or disable access to Contributed Content that it considers breaches these Terms of Use or any Applicable Laws; or
• suspend or discontinue your opportunity to submit, post or upload content to the Services.

• You acknowledge and agree that the provisions in the Community Guidelines Addendum form part of these Terms of Use and create a legally binding agreement between you and Tafani where you sign up to, or participate in, any online blog, forum or community available on or through the Services (“Forum“).

• You acknowledge and agree that some of your Contributed Content may become or might continue to be publicly available on the Services after your User Account is closed or otherwise terminated, subject to your right to have your Contributed Content removed upon request in accordance with Applicable Laws.

• You acknowledge and agree that any of your ideas, submissions or discussions or any other Contributed Content provided by you to the Services that is not the subject of intellectual property right protection may be used by any other contributor without compensation or attribution.

• If you believe that any Contributed Content violates these Terms of Use or any Applicable Laws, including any copyright laws, you should report it to the Tafani team at info@coway.ae.

• Tafani does not endorse any Contributed Content or any opinion, recommendation or advice expressed therein, and Tafani disclaims any and all liability in connection with Contributed Content.

1. Availability of Services

• Tafani shall make reasonable efforts to ensure that the Services are available to you. However, access to the Services may be disrupted from time to time due to necessary maintenance, technical issues, network and system overloads or events outside of Tafani control. Tafani will use commercially reasonable efforts to avoid downtime of the Services, but assumes no liability if the Services or any part thereof is unavailable at any time or for any period.

• You acknowledge and agree that you are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for antivirus protection and accuracy of data input and output, and for maintaining a means external to the Services for any reconstruction of any lost data.

• You acknowledge and agree that Tafani shall not have any liability or be responsible in any way for: (a) your use of the internet to connect to the Services or any technical problems, system failures or security breaches; (b) the hardware that you use to access the Services (including in respect of viruses and malicious software, and any inappropriate material) and the integrity and proper storage of any of your data associated with the Services that is stored on your own hardware; or (c) any fees you may incur in order to connect to the internet for the purpose of using or accessing the Services.

• You must immediately notify the Tafani team in the event that you become aware of any part of the Service malfunctioning or if you otherwise experience any material malfunction or other connectivity problem that adversely affects your access to or use of the Services.

• You may also be required to download and install updates to any mobile application owned or operated by Tafani so as to maintain access to the Services. Your failure to do so might lead to certain Services becoming temporarily inaccessible to you until such update has been downloaded and installed.

1. Intellectual property

• Intellectual Property Rights

All of the patents, trademarks, logos, trade names, rights in domain names, copyrights, moral rights, design rights, database rights, rights in undisclosed or confidential information (such as know-how, trade secrets and inventions (whether or not patentable) and other similar intellectual property rights (whether registered or not)) and applications for such rights as may exist anywhere in the world (together, the “Intellectual Property Rights“) in the Services and the Services Materials (except the Contributed Content) are owned by Tafani, its licensors and/or other providers of such material and are protected by Applicable Laws. You may not engage in any activity (whether on or through the Services, including transmitting or using Contributed Content) that infringes or otherwise makes unauthorised use of our or the relevant third party’s Intellectual Property Rights.

• Your licence to use the Services

You are not granted any right to use, and may not use, any of our Intellectual Property Rights other than as set out in these Terms of Use and subject to the following conditions:

• you are granted a limited, personal, non-transferable, non-sublicensable and revocable license to access and use the Services (or any part of it or the Services Materials) for your own personal use and may not copy, reproduce, republish, upload, re-post, modify, transmit, distribute or otherwise use the Services (or any part of it or the Services Materials) in any way for non-personal, public or commercial use without prior written consent from us;

• you may not remove or modify any copyright, trademark or other proprietary notices that have been placed in, on or that form any part of the Services; and

• you may not use any data mining, robots or similar data-gathering or extraction methods to engage in any conduct that infringes, or is reasonably like to infringe, our Intellectual Property Rights.

We reserve the right to monitor your use of the Services and to alter or revoke your license or your access to the Services at any time and for any reason. Your license shall terminate upon the expiry or termination of your User Account.

• Contributed Content

• By posting or otherwise providing Contributed Content, you grant Tafani a non‐exclusive, royalty‐free, transferable, sub-licensable, irrevocable, perpetual worldwide licence and right to use (including commercial use), distribute, reproduce, display and otherwise make available such Contributed Content on and through the Services (and across different media for any purpose) and you waive (and to the extent that you cannot so waive, agree irrevocably not to assert) any and all moral rights to which you may be entitled anywhere in the world in respect of such Contributed Content.

• You represent and warrant that you own and control all of the rights to the Contributed Content, and have the lawful right to post or otherwise provide such Contributed Content on and through the Services and otherwise provide Tafani with such Contributed Content.

1. Orders for products and services

This section will be inserted once we offer you online sales directly via our website.

1. Third party services and content

Our Services may contain links to a third party website, internet resources or software application (“Linked Sites“). Unless expressly stated otherwise, the inclusion of any link to a Linked Site anywhere on the Services does not imply our endorsement, sponsorship or recommendation of that Linked Site or of any content available on (or any product or service offered on or through) such Linked Site (“Third Party Contents“). We have no responsibility for Linked Sites and Third Party Contents.

Your dealings or correspondence with such third parties are solely between you and the third party. We are not responsible or liable for any loss or damage of any sort incurred as a result of any such dealings, and you understand that your use of any Linked Sites or Third Party Contents, and your interactions with third parties, is at your own risk.

If you access the Services through or use any services or software provided by third parties (“Third Party Applications“), you acknowledge and agree that:

• we do not share your User Account credentials or any User Information with the providers of such Third Party Applications;
• your use of such Third Party Applications will be governed by the terms of service and privacy policies of the relevant third party providers; and
• we are not responsible or liable for any loss or damage of any kind incurred as a result of your use of such Third Party Applications.

1. Limitation of liability, disclaimer and indemnity

• Limitation of liability

• You may have rights under statutory consumer protection laws, including the UAE Consumer Law in Schedule 2 of the Competition and Consumer Act 2010 (Cth), which cannot be excluded, restricted or modified. These Terms of Use apply subject to any rights you may have under such laws. If any condition, warranty, guarantee or other provision is implied or imposed in relation to these Terms of Use (whether based in legislation, the common law or otherwise) and cannot be excluded (a “Non-Excludable Term“), and we are able to limit your remedy for a breach of such Non-Excludable Term, then our liability for such breach is limited to one or more of the following, at our option:

• in relation to goods, the replacement of goods or the supply of equivalent goods, the repair of goods, the payment of the cost of replacing the goods or acquiring equivalent goods, or the payment of the cost of having the goods repaired; or
• in relation to services, the supplying of the services again or the payment of the cost of having the services supplied again.

• Subject to our obligations under the Non-Excludable Terms and to the maximum extent permitted by Applicable Laws, Tafani and its affiliates and its and their respective shareholders, members, directors, officers, employees, agents, suppliers, contractors or representatives (together, the “Associated Parties“) are not responsible for any loss, damage or expense, howsoever arising, whether direct, indirect, consequential, incidental or special and/or whether present, unascertained, future or contingent (“Liability“) suffered by you or any third party (including but not limited to any loss of income, revenue, profit, business opportunity, anticipated savings, goodwill and any other commercial or economic loss of any kind), arising from or in connection with:

• your use of our Services and/or any Services Materials;
• any inaccessibility of, interruption to or outage of our Services;
• any loss or corruption of data;
• the fact that any part of the Services Materials is incorrect, incomplete or out-of-date; and/or
• these Terms of Use.

• Subject to our obligations under the Non-Excludable Terms and to the maximum extent permitted by Applicable Laws, Tafani and the Associated Parties’ aggregate liability in contract, tort or otherwise (including any liability for any negligent act or omission) howsoever arising out of, or in connection with, the performance of its obligations under these Terms of Use in respect of any one or more incidents or occurrences shall be limited to the greater of:

• the total amount of fees received by Tafani or the Associated Parties from you in connection with your use of the Services in the 12 month period prior to the date of the first incident or series of connected incidents giving rise to a claim made by you under these Terms of Use.
• Disclaimers

• To the maximum extent permitted under Applicable Laws, the Services, the Services Materials and any product, service or other item provided by or on behalf of Tafani are provided on an “as is” and “as available” basis and Tafani expressly disclaims, and you waive, any and all other warranties of any kind, whether express or implied, including implied warranties of merchantability, fitness for a particular purpose, title or non-infringement or warranties arising from course of performance, course of dealing or usage in trade. Without limiting the foregoing, Tafani does not represent or warrant that any part of the Services (including any Services Materials) is accurate, complete, reliable, current or error-free, or free of viruses or other harmful components.

• We reserve the right to update, remove and/or replace any Services Materials at any time. Illustrations and photos contained on the Services are sample representations of any products advertised, and variations may occur from time to time.

• All Services Materials have been prepared by us for general information purposes only. The Services Materials do not, and are not intended to, constitute commercial, medical, investment or other advice. You expressly acknowledge that you have relied on your own experience, skill and judgment to evaluate the Services and the Services Materials and that you are satisfied as to the suitability of the Services and the Services Materials to meet your requirements.

• Indemnity

To the maximum extent permitted by Applicable Laws, you agree to indemnify and hold harmless immediately upon demand Tafani or any of its Associated Parties from any Liability (including reasonable legal fees), claim, demand, lawsuit, action, proceeding or investigation, in any way arising out of or in connection with (directly or indirectly):

• your use of, or conduct in connection with, the Services;
• your breach of these Terms of Use or any other policy;
• the Contributed Content you provide; and
• your violation of any Applicable Laws or the rights of any other person or entity.

This indemnity is a continuing obligation, independent from the other obligations under these Terms of Use, and continues after these Terms of Use end or otherwise expire. It is not necessary for us to suffer or incur any Liability before enforcing a right of indemnity under these Terms of Use. We may, at our own expense, assume the exclusive defense and control of any matter otherwise subject to compensation by you, and in such case, you agree to cooperate with our defense of such claim.

1. Changes to Terms of Use

Tafani may, at its sole discretion, change, add to or remove any portion of these Terms of Use at any time. Changes in these Terms of Use will be effective when posted on the Services. Your continued use of the Services and/or the Services Materials after any changes to these Terms of Use are posted will be deemed to constitute your acceptance of those changes. If you object to any changes, you must discontinue your use of the Services. You are responsible for keeping up to date with any changes by regularly reviewing the Terms of Use.

1. Feedback and complaints

• If you provide us with any ideas, know-how, concepts, techniques, comments, criticisms, reports, or other feedback (“Feedback“), whether oral or written, we may use them for any purpose. We may do so without notice to you and without paying any compensation to you. All Feedback is and will be considered non-confidential and non-proprietary.

• If you have any questions, Feedback or complaints, please contact the Tafani team at the following email address:info@coway.ae.

1. Governing law and dispute resolution

• These Terms of Use (including a dispute relating to its existence, validity or termination) and any non-contractual obligation or other matter arising out of or in connection with these Terms of Use, the Services and the Services Materials are governed by the laws of UAE. You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of the State of New South Wales and any courts which may hear appeals from those courts.

• The Services may be accessed in UAE and overseas. We make no representation that the Services or the Services Materials comply with the laws (including intellectual property laws) of any country outside UAE. If you access the Services from outside UAE, you do so at your own risk and are responsible for complying with the laws in the place where you access the Services.

• If you are a consumer for the purposes of the laws of the country outside UAE of which you are resident, you may benefit from any mandatory provisions of such laws. Nothing in these Terms of Use affects your rights as a consumer to rely on such mandatory provisions of law.

1. General

• If a Force Majeure Event occurs that affects our ability to perform our obligations under these Terms of Use, the Tafani team will contact you as soon as reasonably possible to notify you and Tafani’s obligations under these Terms of Use will be suspended and the time of performance of our obligations will be extended for the duration of the Force Majeure Event. In this clause 1,”Force Majeure Event” means any event beyond Tafani’s reasonable control, including flood, extraordinary weather conditions or earthquake, or other act of God, fire, war, insurrection, riot, labour dispute, accident, action of government, communications, power failure, or equipment or software malfunction.

• Our failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision.

• If any provision of these Terms of Use is deemed unlawful, void or unenforceable, that provision shall be deemed severed from the remaining provisions and shall not affect their validity and enforceability.

• Nothing in these Terms of Use: (i) is intended to, nor shall create or be deemed to create, any partnership, joint venture, agency, consultancy or trusteeship, or (ii) shall give rise to any fiduciary or equitable duties owed by us to you.

• A person who is not a party to these Terms of Use has no right whether by applicable statute or otherwise to enforce any term of these Terms of Use.

General Rules

• Always be polite and respectful towards others.
• Do not submit materials containing profanity.
• Do not submit bullying/harassment or malicious comments.
• Do not post anything illegal, offensive or ‘NSFW’ (for example, inappropriate photos, illegal contents, etc).
• Do not post links to other sites that violate these Community Guidelines.
• Spam, commercial advertising and self-promotion will not be tolerated.
• Use your discretion when posting personal information about yourself – do not post anything that you would not be happy sharing publicly online; this is not a private forum and this information can be accessed by anyone at any time – see the section ‘Sharing information in the Forum’ below for further details.
• We encourage healthy conversation but discourage arguments or content that is inflammatory.
• Tafani does not endorse anything posted by Forum users and has no responsibility for how the information that you choose to post in the Forum is used.

[If you find a post that you feel violates these Community Guidelines, please flag it by using the ‘report’ feature next to the comment.

If you are found to violate or break any of these Community Guidelines, or for cases where we deem appropriate, we may delete your posts in the Forum and/or remove you from the Forum, as outlined in the suspension and termination section of the Terms of Use [https://coway.ae/terms-of-service/].

Sharing information in the Forum

The Forum is a public forum, which means that anything you post is public information (including your username) and can be seen by anyone online, whether or not they are a part of our community.

Always remember that when you share content in the Forum, other people can screenshot or reshare that content. As the Forum is public, information posted in the Forum may be searchable via third party internet search engines (such as Google), websites and applications.

• If you do choose to share information which can be linked to you, be careful about what you post.
• We recommend that you do not post sensitive personal information that can be linked back to you or anybody else. Remember to use your discretion when posting in a public forum.
• Do not share personal information about other people or content that you do not have the right to share in the Forum.
• We have no responsibility over the information that you choose to post in the Forum.
• Remember that if you choose to use your real name for your Forum username, then your posts can be linked back to you personally.
• If you choose to link your social media username or alias to your Forum account, then it may be possible for people to find your social media page via the Forum and link your Forum posts back to you personally