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Terms and Conditions

Kiyana LTD maintains the WESHIP.TO Website (from now on “Site”). The following are the terms of use that govern use of the Site (from now on “Terms of Use”). By using the Site you expressly agree to be bound by these Terms of Use and the WESHIP.TO privacy policy and to follow these Terms of Use and all applicable laws and regulations governing use of the Site. Kiyana LTD reserves the right to change these Terms of Use at any time, effective immediately upon posting on the Site. Please check this page of the Site periodically. We will note when there are updates to the Terms of Use at the bottom of the Terms of Use. If you violate these Terms of Use, Kiyana LTD may terminate your use of the Site, bar you from future use of the Site, and/or take appropriate legal action against you.

LIMITED LICENSE. You are granted a limited, non-exclusive, revocable and non-transferable license to utilize and access the Site pursuant to the requirements and restrictions of these Terms of Use. Kiyana LTD may change, suspend, or discontinue any aspect of the Site at any time. Kiyana LTD may also, without notice or liability, impose limits on certain features and services or restrict your access to all or portions of the Site. You shall have no rights to the proprietary software and related documentation, if any, provided to you in order to access the Site. Except as provided in the Terms of Use, you shall have no right to directly or indirectly, own, use, loan, sell, rent, lease, license, sublicense, assign, copy, translate, modify, adapt, improve, or create any new or derivative works from, or display, distribute, perform, or in any way exploit the Site, or any of its contents (including software) in whole or in part.

PERMITTED USE. You agree that you are only authorized to visit, view and to retain a copy of pages of this Site for your own personal use, and that you shall not duplicate, download, publish, modify or otherwise distribute the material on this Site for any purpose other than for personal use, unless otherwise specifically authorized by Kiyana LTD to do so. You also agree not to deep-link to the site for any purpose, unless specifically authorized by Kiyana LTD to do so. The content and software on this Site is the property of Kiyana LTD.

REPRESENTATIONS BY YOU. By visiting the Site, you represent, warrant and covenant that (a) you are at least 13 years old; (b) that all materials of any kind submitted by you to Kiyana LTD through the Site or for inclusion on the Site will not plagiarize, violate or infringe upon the rights of any third-party including trade secret, copyright, trademark, trade dress, privacy, patent, or other personal or proprietary rights.

NO COMMERCIAL USE. This Site may not be used by you for any commercial purposes such as to conduct sales of merchandise or services of any kind. You must obtain Kiyana LTD’s prior written consent to make commercial offers of any kind on the Site, whether by advertising, solicitations, links, or any other form of communication. Kiyana LTD will investigate and take appropriate legal action against anyone who violates this provision, including without limitation, removing the offending communication from the Site and barring such violators from use of the Site.

LINKS AND SEARCH RESULTS. The Site may automatically produce search results that reference and/or link to third party sites throughout the World Wide Web. Kiyana LTD has no control over these sites or the content within them. Kiyana LTD does not guarantee, represent or warrant that the content contained in the sites is accurate, legal and/or inoffensive. Kiyana LTD does not endorse the content of any third party site, nor does it make any representation or warranty about these sites, including that they will not contain viruses or otherwise impact your computer. By using the Site to search for or link to another site, you agree and understand that you may not make any claim against Kiyana LTD for any damages or losses, whatsoever, resulting from your use of the Site to obtain search results or to link to another site. If you have a problem with a link from the Site, you may notify us at support@weship.to.

COPYRIGHT POLICY. Kiyana LTD may terminate the privileges of any user who uses this Site to unlawfully transmit copyrighted material without a license, express consent, valid defense or fair use exemption to do so. If you submit information to this Site, you warrant that the information does not infringe the copyrights or other rights of third parties.

INTELLECTUAL PROPERTY. Although Kiyana LTD is not responsible for the content, quality or accuracy of data provided by users, compilations of such data, text, information and other materials made available to users through Kiyana LTD’s system. The On-line Materials are Kiyana LTD’s intellectual property, and are protected by U.S. and international intellectual property laws. The On-line Materials may not be copied or redistributed either in whole or in part without prior written consent of Kiyana LTD, except as expressly and specifically permitted under these Terms of Use.

The On-line Materials are and will remain the exclusive property of Kiyana LTD. All rights, titles and interests in and to the On-line Materials will be and remain vested solely in Kiyana LTD. Under no circumstances will you have any right, directly or indirectly, to own, use, copy, loan, sell, rent, lease, license, sublicense, redistribute, assign or otherwise convey the On- line Materials, or any rights thereto, except as expressly and specifically provided in the Terms of Use. Nothing in these Terms of Use will convey to you any right, title or interest, except that of a license with the express rights and subject to all limitations herein. Nothing in these Terms of Use grants you the right, directly or indirectly, to use the On-line Materials to create a product for resale or to use the On-line Materials in any way that competes with Kiyana LTD.

You acknowledge and agree that Kiyana LTD will own all rights, titles and interests in and to any copy, translation, modification, adaptation, derivative work or improvement of the On- line Materials made by or for you. At Kiyana LTD’s request, you must execute, or obtain the execution of, any instrument that may be necessary to assign these rights, titles or interests to Kiyana LTD or perfect these rights, titles or interests in Kiyana LTD’s name.

DISCLAIMER OF WARRANTY, LIMITATION OF DAMAGES. KIYANA LTD MAKES NO WARRANTY OR REPRESENTATION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTY OF TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR OTHER VIOLATION OF RIGHTS IN RELATION TO THE AVAILABILITY, ACCURACY, VALIDITY, RELIABILITY OR CONTENT OF THESE PAGES AND/OR THE SITE.KIYANA LTD ALSO DOES NOT MAKE ANY REPRESENTATION OR WARRANTY REGARDING THE ACCURACY OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER INFORMATION THAT IS SUBMITTED, DISPLAYED OR UPLOADED THROUGH THE SITE BY ANY USER. KIYANA LTD SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS OR FOR BUSINESS INTERRUPTION ARISING OUT OF THE USE OF OR INABILITY TO USE THIS SITE, EVEN IF KIYANA LTD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW EXCLUSION OF CERTAIN WARRANTIES OR LIMITATIONS OF LIABILITY, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THE LIABILITY OF KIYANA LTD WOULD IN SUCH CASE BE LIMITED TO THE GREATEST EXTENT OF LIABILITY PERMITTED BY LAW.

VIOLATION OF TERMS OF USE. You understand and agree that in Kiyana LTD’s sole discretion, and without prior notice, Kiyana LTD may terminate your access to the Site, or exercise any other remedy available and remove any unauthorized user information, if Kiyana LTD believes that the information you provide has violated or is inconsistent with these Terms of Use, or violates the rights of Kiyana LTD, or any third party, or violates the law. You agree that monetary damages may not provide a sufficient remedy to Kiyana LTD for violations of these Terms of Use and you consent to injunctive or other equitable relief for such violations. Kiyana LTD may release user information about you if required by law or subpoena.

The first shipment discount is a temporary promotion that is reserved only for the first shipments of NEW customers. Any customer that creates a duplicate account, a fake account under a different alias, or any customer that has more than one account for unjustifiable reasons and only for the purpose of obtaining the first shipment discount will be in violation of Weship’s terms of use and is subject to penalization as Weship sees fit. Weship reserves the right to monitor the correct use of the promotion. Payments and account can be suspended in the event that there is suspicion of malpractice.

We reserve the right, in our sole discretion, to change these Terms of Use from time to time.

OFFICE FOREIGN ASSETS CONTROL (OFAC) SANCTIONED COUNTRIES. Kiyana LTD will NOT deal with or provide any services to individuals or companies located in OFAC sanctioned countries.

APPLICABLE LAW. This website will be governed by the law of UAE: the Laws of the United Arab Emirates shall govern the use of the Site and the Terms of Use, without regards to conflict of laws principals. All disputes arising in connection therewith shall be heard only by a court of competent jurisdiction in U.A.E.

INDEMNITY. You agree to indemnify and hold Kiyana LTD, its subsidiaries, affiliates, officers, agents and other partners and employees, harmless from any loss, liability, claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of or relating to your use of the Site, including also your use of the Site to provide a link to another site or to upload content or other information to the Site, or your breach of the Terms of Use.

LICENCE GRANTED TO YOU. By providing materials to Kiyana LTD, including by submitting or uploading content or materials for use on the Site you represent and warrant that you or the owner of all rights to such content or materials has expressly granted Kiyana LTD an irrevocable world-wide right in all languages and in perpetuity to use and exploit all or any part of the content and materials provided by you. Kiyana LTD may publish and distribute any such submitted content or materials at its sole discretion by any method now existing or later developed. You agree that you shall waive all claims and have no recourse against Kiyana LTD for any alleged or actual infringement or misappropriation of any proprietary rights in any communication, content or material submitted to Kiyana LTD. Any communication or materials you send to Kiyana LTD will be treated as non- confidential and non-proprietary and may be disseminated or used by Kiyana LTD for any purpose, including, but not limited to, developing, creating, manufacturing or marketing products or services.

ADVERTISING. The Site may contain advertisements and/or sponsorships. The advertisers and/or sponsors that provide these advertisements and sponsorships are solely responsible for insuring that the materials submitted for inclusion on the Site are accurate and comply with all applicable laws. Kiyana LTD is not responsible for the acts or omissions of any advertiser or sponsor.

SITE OPERATION: Kiyana LTD controls this Site from the U.A.E. Kiyana LTD makes no representation that this Site is appropriate for use in other locations. If you use this Site from other locations you are responsible for ensuring compliance with local laws. You may not use, export or re-export any materials from this Site in violation of any applicable laws or regulations, including, but not limited to any U.A.E export laws and regulations.

PURCHASES. Kiyana LTD accepts payment by Visa or Mastercard debit and credit cards in AED for its products and services.  All online purchases are also governed by the terms and conditions of respective merchant service providers. Please review respective merchant service provider’s user agreement and privacy policy before entering any transaction. Interpretation. These Terms of Use supersede all other written and oral communications or agreements with regard to the subject matters discussed in these Terms of Use. A waiver or modification of these Terms of Use will only be effective if made in writing signed by an authorized officer of Kiyana LTD.  All refunds will be made onto the original mode of payment.

REFUND POLICY. Refund policy can be obtained by contacting Weship Customer Care at ask@weship.to. If the the shipment won’t be  delivered because of a courier fault or if you cancel your shipment before it has been allotted, Weship will on request refund or credit you with the shipping charges (or the proportionate part of those where only some of the packages in a shipment fail to meet the applicable time limit), net of any VAT, duties, taxes or levies, provided that the following conditions are fulfilled:

a) shipping documentation (including labels) must have been correctly completed and the relevant package must bear the paper labels provided by weship or its couriers.

b) any other documentation required by the country of origin or destination or any country of transit must be fully and accurately completed and included with the package;

c) the shipment must have been tendered to WESHIP on or before the latest collection time specified by us for guaranteed delivery;

The refund policy does not apply when late delivery results from the package not complying with the service restrictions and conditions set out in our Terms and Conditions of Carriage, from events beyond our control (force majeure) or due to any suspension of carriage or the exercise of any lien in accordance with our Terms and Conditions of Carriage.

SEVERABILITY. If any provision of the Terms of Use is held to be invalid, void or unenforceable, the remaining provisions shall nevertheless continue in full force and effect.

Headings & section titles in this Agreement are for convenience and do not define, limit, or extend any provision of this Agreement.

 
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