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Terms and Conditions

These Terms and Conditions (the “Terms and Conditions”) govern your use of the Luluretail.com (the “Website”), and your relationship with Lulu Retail (“us”).  The expressions “you, “your”, and “user” include customers using Lulu Retail (the “Customers”) and the independent sellers engaged in providing services to Lulu (the “Sellers”).  References in these Terms and Conditions to you (or similar) are references to you as an individual or legal entity, as the case may be.

By using Lulu Retail and/or registering on Lulu Retail, you agree to these Terms and Conditions

  1. USE OF LULU RETAIL  

    1. Lulu Retail is provided to you free of charge for your personal use subject to these Terms and Conditions and our Privacy Policy. By using Lulu Retail, you agree to be bound by these Terms and Conditions, Privacy Policy, and any other policies Lulu Retail may publish. 

    1. These Terms and Conditions govern your use of Lulu Retail in general, the products that you purchase in Lulu stores and on Lulu Retail, and all services provided in connection with them. 

       

      By accessing, registering, and/or continuing to use or access Lulu Retail, you are agreeing to be bound by these Terms and Conditions. These Terms and Conditions and the legal documents are subject to change by us at any time, with prior notice. Your continued use of Lulu Retail following such change will be deemed acceptance of the updated Terms and Conditions and legal documents as so modified.

      By accessing the page of Lulu Retail, the users, persons and third parties agree and undertake to act responsibly and cause no harm, loss or damage to Lulu Retail. In the event that Lulu Retail incurs any loss, harm or damage then Lulu Retail shall be in right to take appropriate steps to identify the person(s) involved and seek indemnity and compensation for all loss, claim, demand, damage, costs, charges (including legal fees and charges) or prejudice that may be caused to Lulu Retail on account of misuse of the page and the consequent affect upon Lulu Retail.

       

  2. CHILD PROTECTION 

    Our sites or platforms are not directed towards children. If you are providing personal information for an individual less than 13 year of age, you are providing us your affirmative parental consent as the legal parent or guardian to collect, use and process the information of the individual less than 13 years of age, consistent with this Privacy Policy. 

    You must ensure that the details provided by you on registration or at any other time are correct and complete.

     

  3. PASSWORD AND SECURITY 

    1. Upon registering to use Lulu Retail, you shall be prompted to create a password. You agree to maintain the confidentiality of this password and shall not disclose or share it with any third party. You accept full responsibility for all activities and transactions that occur under your password. In the event that you become aware of or suspect any unauthorized use of your password, you agree to promptly notify our customer service team by email at customerservice@luluhypermarket.com. 

    1. If Lulu Retail has reasonable grounds to believe that a security breach or unauthorized use of Lulu Retail has occurred or is likely to occur, Lulu Retail reserves the right to require you to change your password and/or suspend your account without any liability to Lulu Retail, in accordance with these Terms and Conditions. Further, if Lulu Retail suspects a likely breach of security or misuse of Lulu Retail, Lulu Retail reserves the right to require you to change your password or suspend your account in accordance with the provisions of these Terms and Conditions. 

    1. When using or accessing Lulu Retail, you agree that you:

      1. shall provide true, accurate, current and complete information about yourself and your use of Lulu Retail as and when required by us;

      1. shall not disclose to any third party (except as required or requested by us) a user’s information provided to you, except as expressly required or requested by us as required by law; and

      1. shall cooperate with any requests for additional information from us in order to confirm your eligibility and usage of Lulu Retail.

         

  4. INTELLECTUAL PROPERTY

    1. The content of Lulu Retail is protected by copyright, trademarks, database and other intellectual property rights. You may retrieve and display the content of Lulu Retail on a computer screen, store such content in electronic form on disk (but not any server or other storage device connected to a network) or print one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify, copy, distribute or use for commercial purposes any of the materials or content on Lulu Retail without written permission from Lulu.

    1. No license is granted to you in these Terms and Conditions to use any trademark of Lulu Retail stores and Lulu Retail, or its affiliated companies.

    1. By using Lulu Retail, you hereby acknowledge and expressly consent that, except for the limited rights explicitly granted to you under these Terms and Conditions, all rights, title, and interest in and to any information, materials, or other content that you provide or make available in connection with your use of Lulu Retail, including all Intellectual Property Rights therein, shall automatically and irrevocably transfer to and vest in Lulu Retail upon submission. You further agree that Lulu Retail shall have the right to use, reproduce, distribute, and otherwise exploit such content without restriction and without further notice, consent, or compensation to you.

    1. All rights not expressly granted to you in these Terms and Conditions are reserved and retained by us or our licensors.

     

  5. LIMITATIONS

    1. You may not use Lulu Retail for any of the purposes set out below (this includes any use by you of the Community sites – refer to Clause  9 (Use of Community Sites) below for further information about the Community sites):

      1. Gaining unauthorized access to other computer systems;

      2. Interfering with any other person's usage or experience of Lulu Retail;

      3. Interfering or disrupting networks or Lulu Retails connected to Lulu Retail;

      4. Making, transmitting or storing electronic copies of materials protected by copyright   without the permission of the owner;

      5. Transmitting material containing any form of advertising or promotion for goods and services, junk mail, chain letters or “spam”;

      6. Impersonating another person;

      7. Referring to specific Lulu Retail addresses outside of Lulu Retail; and

      8. Advertising.

    2. Lulu Retail reserves the right, at its sole discretion, to refuse to post material on Lulu Retail or to remove material already posted on Lulu Retail. You acknowledge and agree that, unless otherwise provided, all content on Lulu Retail is the intellectual property of Lulu Retail and shall not be used, reproduced, distributed, or reposted by you or any third party without Lulu’s prior written consent. You are strictly prohibited from attempting to repost any material that has been refused or removed from Lulu Retail by Lulu Retail.

    3. When using or accessing the services, you agree that you shall not: 

      1. Post, list, or upload in any manner any information which is blasphemous, defamatory, obscene, libellous, invasive of another's privacy, hateful, racially or ethnically objectionable, disparaging, or otherwise unlawful under applicable law. This includes content relating to or encouraging money laundering, gambling, or any other illegal activities.

      2. Post, list or upload content or items in inappropriate or prohibited categories or areas on our Site, including:

        1. content or items that may be considered culturally or religiously offensive in any way, as determined by Lulu Retail in its sole discretion;

        2. content or items which may not be considered to be in compliance with general local law, Islamic law, rules, morals, values, ethics and traditions;

        3. content or items that may threaten national security;

        4. content or items which may constitute or be considered to promote gambling;

        5. securities, including but not limited to shares, bonds, debentures, or any other financial instruments or assets of any description;

        6. living or dead creatures and/or the whole or any part of any animal which has been kept or preserved by any means whether artificial or natural;

        7. weapons of any shape, form, or description;

        8. liquor, tobacco products, drugs, psychotropic substances, narcotics, intoxicants of any nature or description, and medicines;

        9. items that to your knowledge are defective, fake, damaged, false or misleading or that may through normal use harm another Lulu Retail user’s interest or health;

        10. non-transferable vouchers; and chemicals.

      3. post items you do not have a right to link to or include;

      4. post counterfeit or stolen items;

      5. breach or circumvent any laws, third party rights or our systems, policies or determinations of your account status;

      6. use our services if you no longer fulfil the eligibility criteria or are not able to form legally binding contracts, or are temporarily or indefinitely suspended from using our services;

      7. fail to pay for items purchased by you, unless you have a valid reason as set out in any of our policies;

      8. fail to deliver items sold by you (if applicable), unless you have a valid reason as set out in any of our policies;

      9. use contact information provided to you during the course of a transaction on Lulu Retail to solicit additional sales offline or on another website without Lulu Retail's explicit consent;

      10. manipulate the price of any item;

      11. interfere with any other user’s listings;

      12. take any action that may undermine the Site’s feedback and ratings systems;

      13. post false, inaccurate, misleading, deceptive, defamatory or similar content;

      14. transfer your account to another party without our prior written consent;

      15. distribute or post spam, unsolicited or bulk electronic communications or similar;

      16. distribute viruses or any other technologies that may harm our Services or the interests or property of other users;

      17. infringe:

        1. the copyright, trademark, patent, publicity, moral, database, and/or other intellectual property rights (collectively, “Intellectual Property Rights”) that belong to or are licensed to us; or

        2. any Intellectual Property Rights that belong to third parties;

      18. harvest or otherwise collect information about users without their consent; or

      19. circumvent any security or technical measures Lulu Retail employs to ensure the integrity and security of the services. 

    4. You shall be responsible for all losses, costs and expenses reasonably incurred by us, all damages awarded against us by a court and all sums paid by us as a result of any settlement agreed by us arising out or in connection with:

      1. Any claim by any third party that the use of Lulu Retail by you is defamatory, offensive or abusive, or of an obscene or pornographic nature, or is illegal or is in breach of any applicable law, regulation or code of practice; and

      1. Any claim by any third party that the use of Lulu Retail by you infringes that third party's copyright or other intellectual property rights of whatever nature.

    5. By submitting material you are granting Lulu Retail a perpetual, royalty-free, non-exclusive license to reproduce, modify, translate, make available, distribute and sublicense the material in whole or in part and in any form.

       

  6. WARRANTIES, REPRESENTATIONS & UNDERTAKINGS FOR LULU RETAIL

    1. You warrant, represent and undertake that:

      1. you shall unconditionally comply and shall at all times continue to fully comply with all applicable laws, statutes and regulations, including, without limitation, all privacy laws and content regulations, and any rules or guidelines set forth by Lulu Retail;

      1. you have full power and authority to enter these Terms and Conditions and the execution and performance of your obligations under these Terms and Conditions does not conflict with:

        1. any laws, rules, regulations, or governmental guidelines to which you are subject to; or

        2. any other agreements to which you are a party to or to which you are otherwise bound by;

        3. If you create or use an account on behalf of a business entity, you represent that you are duly authorized to act on behalf of such business and bind the business to these Terms of Use. Such account is deemed to be owned and controlled by the business entity;

        4. you own or have the absolute authority to grant the rights and licenses granted to us by you under these Terms and Conditions; and

        5. you represent that any content you submit as part of your use of the services and any products that you list do not and shall not violate the rights of any third party anywhere in the world including, without limitation, any Intellectual Property Rights (whether registered or not).

      2. Subject to this clause, the services provided by Lulu Retail are made available to you on an “as is” and “as available” basis without representations, warranties, or conditions of any kind. Lulu Retail disclaims all warranties, conditions and representations of any kind, whether express, implied or collateral, including, but not limited to, all conditions, representations, or warranties of merchantability, of fitness for a particular or general purpose, of non-infringement, of compatibility, or that the services, are secure or error-free or shall operate without interruption or shall be provided in a timely manner.

      3. Furthermore, whilst Lulu Retail attempts to be as accurate as possible, Lulu Retail does not warrant that product descriptions or other content of any Service are accurate, complete, reliable, current, or error-free. Additionally, as a buyer, you agree that Lulu Retail is not responsible for examining or warranting the listings or content provided by Lulu Retail or third parties through the services, and that you shall not attempt to hold Lulu Retail liable for any inaccuracies or defects in any of the listings. As a seller, you agree to ensure the accuracy of your listings and you fully acknowledge that Lulu Retail and its catalogue/content providers bear no responsibility or liability for any inaccuracies in your listings.

         

  7. LIABILITY & INDEMNITIES

    1. Nothing in these Terms and Conditions shall limit or exclude a party’s liability:

      1. for fraud, including fraudulent misrepresentation, perpetrated by that party;

      1. for death or personal injury caused by the negligence of that party; or

      1. for any other liability that cannot be limited or excluded under applicable law.

    2. Subject to clause ‎1, in no event shall we, our parent company, subsidiaries and affiliates, and their directors, officers, agents, employees, suppliers, subcontractors or licensors be held liable, under any circumstances, whether based on an action or claim in contract, tort, negligence, breach of statutory duty or otherwise arising out of or in relation to these Terms and Conditions for loss of profits, loss of data or information, business interruption or other pecuniary loss or for any special, indirect, incidental or consequential damages, regardless of whether we, our affiliates, directors, officers, agents, employees, licensors, subcontractors or suppliers have been advised of the possibility of such damages.

    3. In addition, to the extent permitted by applicable law, we (including our parent company, subsidiaries and affiliates and our, and their directors, officers, agents, employees, suppliers, subcontractors or licensors) are not liable, and you agree not to hold us responsible, for any damages or losses resulting directly or indirectly from:

      1. the content or other information you provide when using Lulu Retail’s services ;

      1. your use of or your inability to use our services ;

      1. pricing, shipping, format or other guidance provided by us;

      1. delays or disruptions in our services ;

      1. viruses or other malicious software obtained by accessing or linking to our services;

      1. bugs, errors or inaccuracies of any kind in our services;

      1. damage to your hardware device from the use of products sold on Lulu Retail or our services;

      1. the content, actions or inactions of third parties using our services;

        1. a suspension or other action taken by us with respect to your use of the services;

        2. the duration or manner in which your listings appear in search results; or

        3. your need to modify practices, content or behaviour or your loss of or inability to do business as a result of changes to these Terms and Conditions.

      2. Subject to clause ‎1, if clauses ‎2 or ‎3 are held to be unenforceable or inapplicable for any reason, then the total liability applicable to us, our parent company, subsidiaries and affiliates and our, and their directors, officers, agents, employee, suppliers, subcontractors or licensors, to you, whether based on an action or claim in contract, negligence or breach of statutory duty or otherwise, arising out of or in relation to these Terms and Conditions shall be limited to the lower of:

        1. the price the item sold for on Lulu Retail and its original shipping costs; and

        2. the amount of fees in dispute not to exceed the total fees that you paid to us in the six (6) months prior to the action giving rise to the liability; or

        3. AED 300.

      3. You agree to indemnify and hold us, our parent company, subsidiaries and affiliates and our, and their directors, officers, agents, employees, suppliers, subcontractors or licensors harmless from and against any losses, damages and expenses (including legal fees and attorney’s fees) (“Claims”) arising out of or relating to:

        1. any claims or demands made by any third party due to or arising out of your use of the services;

        2. your violation of any of the provisions of these Terms and Conditions, including, without limitation, any of the warranties, representations and undertakings;

        3. your violation of any applicable laws, including, without limitation, data protection or anti-spam laws; or

        4. the manner in which you use Lulu Retail’s services, including, without limitation, that the content you post, the items you list or your trademarks infringe the Intellectual Property Rights of any third party or that the content of your listings is slanderous, defamatory, obscene or violates any other rights (including privacy rights) of any third party (including other Lulu Retail users).

           

  8. SUSPENSION, TERMINATION & CANCELLATION

    1. Lulu Retail reserves the right, at its sole discretion and without any liability to you, to limit, suspend or permanently withdraw your access to its services, cancel any product(s) order and/or remove hosted content submitted by you for any reason, including but not limited to:

      1. If Lulu Retail believe that you have infringed, breached, violated, abused, or unethically manipulated or exploited any term of these Terms and Conditions;

      1. If you use our Platform or services for any unlawful and fraudulent purposes or in connection with a criminal offence or abuse our policy and rules;

      1. You are suspected of inventory abuse or placing bulk orders. The following shall (without limitation) constitute inventory abuse or placing bulk orders:

        1. Products ordered are not for self-consumption but for commercial resale;

        2. Multiple orders placed for the same product at the same address, depending on the product category;

        3. Bulk quantity of the same product ordered;

        4. Invalid address given in order details;

        5. Any abuse or fraud used to place the order; or

        6. Any order placed using a technological glitch/loophole.

      2. Lulu Retail reserves the right to take appropriate action if you are suspected of acting fraudulently or if you file invalid and/or false claims or provides false, incomplete, or misleading information. You may be engaging in fraudulent activities if any of the following (without limitation) are met:

        1. you don’t reply to the payment verification mail sent by us;

        2. you fail to produce adequate documents during the payment details verification;

        3. you misuse credentials not belonging to you;

        4. you use invalid address, email and phone no;

        5. you attempt to overuse a voucher code;

        6. you return wrong or damaged product;

        7. you refuse to pay for an order;

        8. for COD items, you use fake currency notes to make the payment;

        9. you abuse or harass the delivery staff;

        10. miscellaneous activities conducted with the sole intention to cause loss to business/revenue to LuLu;

        11. your return, undeliverable rate is very high and often the returned products are missing, fake or damaged; or

        12. Repeated request for monetary compensation.

      3. If your access to our services or our Platform is terminated for any reason, Lulu Retail reserve the right to delete any content or other materials relating to your use of the Service. However, any credits earned through loyalty programs or reward points may be redeemed within a period of 30 days after termination. WLulu Retail shall have no liability to you or any third party for the deletion of content. Your transaction details may be preserved by us for purposes of tax or regulatory compliance.

      4. For the avoidance of doubt, any amounts paid and received by us in relation to a cancelled product(s) order shall be refunded.

         

  9. LIMITATION OF LIABILITY

    Under no circumstance, including, but not limited to, negligence, shall Lulu Retail be liable for any indirect, special, exemplary, or consequential damages that result from the use of, or the inability to use, including but not limited to the information, materials on the page, page content, page code, user services or the software. While Lulu Retail shall take reasonable precautions against security breaches, no webpage or internet transmission is completely secure, and as such, Lulu Retail shall not be liable for any indirect, special, exemplary or consequential damages that may result from unauthorized access, hacking, data loss or other breached that may occur.

     

  10. VARIATION

    Lulu Retail reserve the right to vary or terminate the operation of any E-Coupon at any time without notice.

    Lulu Retail is owned and operated by Lulu Retail LLC.

     

  11. MISCELLANEOUS

    1. You are prohibited from transferring any of your rights under these Terms and Conditions to another individual. Lulu Retail, however, is permitted to assign and transfer our rights under these Terms and Conditions to another business entity, provided we have reasonable grounds to believe that your rights will not be adversely affected.

    1. If you breach these Terms and Conditions and Lulu Retail choose to ignore this, Lulu Retail shall still be entitled to use our rights and remedies at a later date or in any other situation where you breach these Terms and Conditions.

    1. Neither party shall be responsible for any breach of these Terms and Conditions, caused by circumstances beyond that party’s control.

    1. Except as expressly set out in these Terms and Conditions, all use of your personal information shall be made in accordance with our Privacy and Cookies Policy. 

       

  12. GOVERNING LAW AND JURISDICTION

    These Terms and Conditions, including any disputes arising from or related to it, shall be governed by and construed in accordance with the laws of the Abu Dhabi Global Market (ADGM), United Arab Emirates, without regard to its conflict of law principles. Any disputes or claims arising out of or in connection with these Terms and Conditions shall be subject to the exclusive jurisdiction of the ADGM Courts, located in Abu Dhabi, UAE. By using this website, you agree to submit to the jurisdiction of the ADGM Courts for the resolution of any disputes related to these Terms and Conditions. However, Lulu Retail retains the right to bring any suit, action or proceeding against you for breach of these Terms and Conditions in your country of residence or any other relevant country.

     

  13. MISCELLANEOUS

    This website may contain links and resources linked to other third-party websites, plug-ins, advertising banners, and applications. We do not have control to the features of other sites, so we are not responsible for the privacy practices of such other sites. We encourage our users to be aware of the privacy statements of other websites, which contain links to be clicked and connections to be enabled and also have the ability to collect personal information. This Privacy Policy applies only to the information collected by this website.

    Some areas within Lulu Retail may contain advertising and sponsorship. Third-party advertisers and sponsors are responsible for ensuring that material submitted for inclusion on Lulu Retail complies with relevant laws and codes. Lulu Retail shall not be responsible for any error or inaccuracy in advertising and sponsorship material provided by third parties.