Terms and conditions

Effective Date: August 2020 

These terms and conditions (the “Terms and Conditions”) govern and apply to anyone accessing or using the ByAlinePate Limited website located at http://www.hydro-art-pod.com, and any associated websites, mobile sites or applications, products, software and other services (collectively, the “Services”). These Terms and Conditions apply to any use of the Services.

The Services are owned and operated by ByAlinePate and its parents, affiliates, and/or franchisors (collectively, “ByAlinePate,” “we,” “our,” or “us”). While using the Services, please be aware that your access to and use of the Services and any information or documents offered by ByAlinePate (“Materials”) are subject to these Terms and Conditions. If you choose to continue to use or access the Services after having the opportunity to read these Terms and Conditions, you are indicating your acceptance of the Terms and Conditions and ByAlinePate’s Privacy Policy. If you do not agree with any part of these Terms and Conditions or ByAlinePate’s Privacy Policy, please do not use the Services.

ByAlinePate reserves the right to modify these Terms and Conditions at any time without notice, and such changes shall be deemed effective immediately upon posting of the modified Terms and Conditions. You should regularly review these Terms and Conditions to ensure that you are aware of, understand and accept any changes made. Your continued use of the Services following the posting of changes to these Terms and Conditions will indicate your acceptance those changes.

THE SERVICES ARE NOT INTENDED FOR USE OR ACCESS BY ANYONE UNDER THE AGE OF 18. IF YOU ARE UNDER THE AGE OF 18, YOU MAY NOT USE OR ACCESS THE WEBSITE OR PROVIDE US WITH ANY PERSONALLY IDENTIFIABLE INFORMATION. You may not use the Services and may not accept these Terms and Conditions if (1) you are not of legal age to form a binding contract with ByAlinePate, or (2) you are a person barred from receiving the Services under the laws of the jurisdiction in which you are resident or from which you use the Services.

BYALINEPATE Limited maintains the https://hydro-art-pod.com Website (“Site”).

A. Information and Account Creation

You may be required to establish an account prior to utilizing or obtaining certain Services or Materials. Available accounts include but are not limited to BYALINEPATE Customer and BYALINEPATE Shopping accounts. If you choose to register for any BYALINEPATE account, you agree to: (a) provide true, accurate, current, and complete account registration information about yourself as prompted by the Services; and (b) maintain and promptly update such registration information to keep it true, accurate, current, and complete. If you provide any registration information that is untrue, inaccurate, not current, or incomplete, or if BYALINEPATE has a reasonable ground to suspect that such information is untrue, inaccurate, not current, or incomplete, BYALINEPATE has the right to suspend or terminate your account(s) and refuse any and all current or future use of the Services (or any portion thereof).

You may choose to create a username, password and/or account designation (“Account Credentials”) in order to make purchases or otherwise use the Services. If you choose to create Account Credentials, you are responsible for maintaining the confidentiality of your Account Credentials, and are fully responsible for any and all interactions and activity when you, or any third, party access the Services using your Account Credentials. If you allow third parties to access the Services through use of your Account Credentials, you agree to defend and indemnify BYALINEPATE and its affiliates against any liability, costs, or damages, including attorney fees, arising out of claims or suits by such third parties based upon or relating to such access and use. You agree to (a) immediately notify BYALINEPATE of any unauthorized use of your Account Credentials or any other breach of security, and (b) ensure that you exit from your account(s) at the end of each session. BYALINEPATE cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.

B. Copyright and Ownership

Copyrights, trademark rights, database rights, design rights and any and all other intellectual property and other rights relating to the Services and Materials existing now or in the future including but not limited to computer programs, source and object code, documentation, software graphics, text, images, designs, videos, sound, illustrations, animations, databases, logos, domain names, trade names and trade identities (collectively referred to as the “Content”), are the property of BYALINEPATE. All elements of the Services, including without limitation the general design and the Content, are protected by trade dress, copyright, moral rights, trademark and other laws relating to intellectual property rights. The Services may only be used for the intended purpose for which they are being made available.

Images of people or places displayed on the Services are either the property of, or used with permission by, BYALINEPATE. The use of these images by you, or anyone else authorized by you, is prohibited unless specifically permitted by these Terms and Conditions or specific permission provided elsewhere on the Services. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.

Any copying, reproduction, publication, posting, transmission or distribution of any part of the Services in any way is prohibited. Except as provided herein, no license or right, express or implied, is granted to any person under any intellectual property right. Except as authorized under the copyright laws, you are responsible for obtaining permission before reusing any copyrighted material that is available through the Services. Modification of the Materials or use of the Materials for any other purpose is a violation of BYALINEPATE’s copyright and other proprietary rights. BYALINEPATE neither warrants nor represents that your use of Materials will not infringe the rights of third parties not owned by or affiliated with BYALINEPATE.

C. Accuracy of Information

We attempt to ensure that information provided through the Services is complete, accurate and current. We make no representation as to the completeness, accuracy or currency of any information provided through the Services and in the Materials. BYALINEPATE shall not be responsible for any errors or omissions in the Materials.

D. Links

The Services or Materials may allow connectivity (e.g., via links or references) to websites, apps, platforms, and applications maintained and controlled by third parties (“Third Party Sites”) over whom BYALINEPATE has no control. Those Third Party Sites may collect and use data from you such as content or personal information. Any content or personal information you provide when using those Third Party Sites is subject to the terms and conditions and privacy policies of those Third Party Sites. Inclusion of any link to Third Party Sites within the Services or Materials does not imply an endorsement or recommendation of any material, substance, information, practice, or the owner or proprietor of such Third Party Sites by BYALINEPATE. BYALINEPATE makes no representations or warranties of any kind as to the accuracy, currency, or completeness of any information contained in such Third Party Sites and shall have no liability for any damages or injuries of any kind arising from the use of such Third Party Sites or any content or information contained in such Third Party Sites. You should refer to the terms and policies any Third Party Sites you use to determine your rights.

E. Use of Services

The Services and Materials may not be copied, reproduced, republished, uploaded, posted, transmitted or distributed without the prior written permission of BYALINEPATE, except as provided herein. “Deep-linking,” “embedding” or using analogous technology is strictly prohibited. You are prohibited from posting to or transmitting from the Services any unlawful, threatening, libelous, defamatory, obscene, indecent, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. You are responsible for complying with all local rules, laws, and regulations including, without limitation, rules about intellectual property rights, the Internet, technology, data, electronic mail, publicity and privacy. You agree that you will not use any device, software or other instrumentality to interfere or attempt to interfere with the proper working of any of the Services, and that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. In addition, you may not use any robot, spider, other automatic device, or manual process to monitor, copy or scrape any of our web pages or the content contained herein, without the prior express written consent from an authorized executive of BYALINEPATE. You agree you will not interfere or attempt to interfere with or damage, impair or disable the operation of the Services, by any means, including but not limited to providing links to third party sites or uploading or otherwise disseminating viruses, worms, spyware, adware or other malicious code. You may also not reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Services or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation. You may not make any unsolicited offers, request, advertisements, or spam.

You represent, warrant and agree that you will comply with the above acceptable use requirements. In addition to any remedies that we may have at law or in equity, if we determine, in our sole discretion, that you have violated or are likely to violate the foregoing prohibitions, we may take any action we deem necessary to cure or prevent the violation, including without limitation, the immediate removal of the related materials from the Services.

F. Privacy

BYALINEPATE takes the privacy of its customers very seriously. Your use of our Services is subject to our Privacy Policy. Please read the Privacy Policy for information on how your personal information and other information about you will be handled. By accepting these Terms and Conditions you are also accepting the terms of the Privacy Policy, which are incorporated herein by reference for all applicable purposes. If you do not agree to these Terms and Conditions, please do not use the Services.

G. Disclaimer of Warranties and Release

You Expressly Acknowledge And Agree That: (1) Your Use Of The Services Are At Your Sole Risk. The Services Are Provided On An “As Is” And “As Available” Basis. To The Fullest Extent Allowed By Law, BYALINEPATE Expressly Disclaims All Warranties Of Any Kind, Whether Express Or Implied, Including, But Not Limited To, The Implied Warranties Of Merchant-ability, Fitness For A Particular Purpose, And Non-Infringement. (2) BYALINEPATE Makes No Warranty That (A) The Services Will Meet Your Requirements; (B) The Services Will Be Uninterrupted, Timely, Unfailingly Secure, Or Error-Free; (C) The Results That May Be Obtained From The Use Of The Services Will Be Accurate Or Reliable; (D) The Quality Of Any Products, Services, Information, Or Other Material Purchased Or Obtained By You Through The Services Will Meet Your Expectations And (E) Any Errors In The Software Will Be Corrected. (3) Any Material Downloaded Or Otherwise Obtained Through The Use Of The Services Is Done At Your Own Discretion And Risk And That You Will Be Solely Responsible For Any Damage To Your Computer System Or Loss Of Data That Results From The Download Of Any Such Material. (4) No Advice Or Information, Whether Oral Or Written, Obtained By You From BYALINEPATE Or Through Or From The Services Shall Create Any Warranty Not Expressly Stated In The Terms. (5) You Should Always Use Caution When Giving Out Any Personally Identifying Information About Yourself Or Those For Whom You Have Legal Authority. BYALINEPATE Does Not Control Or Endorse Any Actions Resulting From Your Participation In The Services And, Therefore, BYALINEPATE Specifically Disclaims Any Liability With Regard To Any Actions Resulting From Your Participation In Or Use Of The Services.

H. Release

In the event that you have a dispute with one or more other users of the Services, you release BYALINEPATE (and its officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

I. Payment Confirmation

Accepted Payment Methods:

We accept Visa and Master Card payment in AED and USD. 

Payment confirmation will be made via email as soon as practicable after the payment has been processed.

The cardholder must retain a copy of transaction records and Merchant policies and rules. 

We will not trade with or provide any services to OFAC and sanctioned countries.

J. Delivery Terms & Conditions

  1. Parcel Deliveries

BYALINEPATE uses a third party vendor (“Postal Carrier”) to perform parcel deliveries.  By selecting the parcel delivery option at check-out, you agree to have your purchase and delivery information, including your address and contact information, transmitted to the Postal Carrier. 

1.2 When will I receive my Parcel Delivery?

We aim to ship as quickly as possible but deliveries can take up to 8 weeks depending on your location. Please note that this is not a guaranteed delivery date for your order. Some areas may take longer due to the frequency of deliveries to the delivery zip code. When placing your order, order processing and transit time are used to calculate the estimated delivery date. Deliveries are made with no advance call.

Update regarding COVID-19: Please accept our apology. Like other businesses, we’ve been impacted by COVID-19 in many ways, and we’re doing our best to support our co-workers while meeting the needs of our customers. With the increased volume of online orders and new safety processes in our warehouses, we’re experiencing significant delays with shipping and delivery.

1.3 What am I responsible for upon delivery of my parcel?

Examine your order upon delivery to ensure that there are no visible signs of damaged, missing or incorrect pieces. In the event that there are missing, damaged or incorrect packages, please contact us within 48 hours of your delivery. For any other problem with your order, please refer to our Return Policy.

1.4 Can I make changes to the delivery address after I place my order?

We cannot make any changes to the delivery address once your online order is placed. Orders placed online or over the phone begin processing immediately in our system to ensure order fulfilment and shipping time. If the delivery address must be changed, your order will have to be cancelled and then replaced. We apologize for any inconvenience.

For information regarding our cancellation policy please review the information below or you may contact us for any other questions.

1.5 What is Expedited Delivery?

Expedited Delivery is a delivery service that will allow our customers to make an online purchase which will be fulfilled and shipped via plane. This service is available in select locations. To see if Expedited Delivery is available in your area, review your delivery options on the BYALINEPATE shopping cart checkout page.

K. Proprietary Rights

You may choose to submit product reviews, feedback, and suggestions through the Services (“User Content”). BYALINEPATE does not claim ownership of any User Content that you provide to BYALINEPATE (including feedback and suggestions) or post, upload, input, or submit to the Service. Unless otherwise specified, you retain copyright and any other rights you already hold over User Content that you create and submit, post, or display on or through the Services. However, by submitting, posting, or displaying User Content, you give BYALINEPATE, its sub-licensees, and successors and assigns a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display, distribute, reproduce, edit, reformat, and create derivative works from any User Content that you submit, post, or display on or through the Services. You acknowledge and agree that this license includes a right for BYALINEPATE to make such User Content available to other companies, organizations, or individuals with whom BYALINEPATE has relationships, and to use such User Content in connection with the provision of those services.

L. Limitation of Liability

Within the limits allowed by applicable laws, you expressly acknowledge and agree that BYALINEPATE shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if BYALINEPATE has been advised of the possibility of such damages), resulting from: (a) the use or the inability to use the services; (b) any action you take based on the information you receive in, through, or from the services, (c) your failure to keep your password or account details secure and confidential, (d) the cost of procurement of substitute goods and services resulting from any goods, data, information, or services purchased or obtained or messages received or transactions entered into through or from the services; (e) unauthorized access to or alteration of your transmissions or data; (f) the improper authorization for the services by someone claiming such authority; or (g) statements or conduct of any third party on the services.

M. Jurisdiction and General Terms

United Arab Emirates is our country of domicile. The Terms and Conditions shall be governed by and construed in accordance with the laws of the United Arab Emirates, regardless of where the user is based. You agree that any action at law or in equity arising out of or relating to these Terms and Conditions shall be filed only in the United Arab Emirates, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.

If any provision of these Terms and Conditions shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions.

You or we may suspend or terminate your accounts or your use of the Services at any time, for any reason or for no reason. Unless otherwise stated, any other rules, restrictions, guidelines and terms and conditions that may be posted or made available in connection with a particular feature on the Services are incorporated by this reference into these Terms and Conditions.

Your use of the Services is independent of BYALINEPATE and not as an employee, agent, partner, or joint-venturer with BYALINEPATE for any purpose.

No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.

N. Entire Agreement

The Terms and Conditions and the other agreements referred to herein constitute the entire agreement between you and BYALINEPATE and supersedes any prior understandings or agreements (written or oral). If you do not understand any of the foregoing terms and conditions or if you have any questions or comments, we invite you to contact us at Info@ByAlinePate.com.

All design, graphics, text selections, arrangements, and software are Copyright© 2020 by BYALINEPATE.

O. Indemnification

You agree to indemnify, defend and hold BYALINEPATE, its officers, directors, shareholders, employees and agents from and against all demands, liabilities, judgments, fines, interest, penalties, damages, losses, costs, claims or expenses (including, without limitation, attorneys’ fees and fees of other professional advisers) resulting from (i) your online conduct and use of the Services and Materials; (ii) your violation, breach or alleged breach of these Terms and Conditions; (iii) your failure to comply with any applicable laws or regulations; (iv) your negligence, willful misconduct, or violations of the intellectual property or other rights of any person, including without limitation, copyright and trademark infringement, obscene or indecent postings, and online defamation; or (v) any of your dealings or transactions with other persons resulting from use of the Services. You will be required to completely and fully indemnify BYALINEPATE for its losses.

P. Changes to the Terms and Conditions

BYALINEPATE may make changes to the Terms and Conditions from time to time. When these changes are made, BYALINEPATE will make a new copy of the Terms and Conditions available on its website and any new additional terms will be made available to you from within, or through, the affected Services.

You acknowledge and agree that if you use the Services after the date on which the Terms and Conditions have changed, BYALINEPATE will treat your use as acceptance of the updated Terms and Conditions.

Q. Returns & Cancellations

BYALINEPATE may make changes to the Terms and Conditions from time to time. When these changes are made, BYALINEPATE will make a new copy of the Terms and Conditions available on its website and any new additional terms will be made available to you from within, or through, the affected Services.

You acknowledge and agree that if you use the Services after the date on which the Terms and Conditions have changed, BYALINEPATE will treat your use as acceptance of the updated Terms and Conditions.

P.1 Return Policy

If you are not entirely satisfied with your purchase, simply return the item within 7 days with your receipt. Please note return delivery fees to our warehouse are not refundable. Refunds will be issued in the same method of payment as the original payment. For purchases made by credit card a refund will be issued to the original account. Please note delivery fees are not refundable once the order has shipped.

P.2 Cancellation Policy

Please contact us if you would like to cancel your order. We can provide a full refund as long as you cancel your order within 7 days of placing it.  

 

R. Competition & Chances to Win

BYALINEPATE may from time to time offer chance to win a HydroArtPod. It is understood that this is solely a chance to win but doe not constitute the right to own a device. Draws are random and the lucky winner will be notified ByAlinePate, in cased draw resulted in customers favor. Units obtained through a Win or draw due to a competition will only be delivered within the UAE and will not be shipped internationally. 

Contact information gathered through the process of entering a draw might be used for future product news updates.

By entering any draw in relation to ByAlinePate, you agree to the above and acknowledge and agree that if you use the Services after the date on which the Terms and Conditions have changed, BYALINEPATE will treat your use as acceptance of the updated Terms and Conditions.

 

Effective Date: January 2021