NosyKaia — Terms of Service
Overview
Welcome to NosyKaia. The terms "we," "us," and "our" refer to NosyKaia FZ-LLC ("NosyKaia"). NosyKaia operates this store and website, including all related information, content, features, tools, products and services, to provide you, the customer, with a curated shopping experience (the "Services"). NosyKaia is powered by Shopify, which enables us to provide the Services to you.
These terms and conditions, together with any policies referenced herein (these "Terms of Service" or "Terms"), describe your rights and responsibilities when you use the Services.
Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.
By visiting, interacting with, or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms of Service or our Privacy Policy, you should not use or access our Services.
Section 1 — Access and Account
By agreeing to these Terms of Service, you represent that you are at least 18 years of age or the age of majority in your country of residence, and that you have given us your consent to allow any of your minor dependents to use the Services on devices you own, purchase, or manage.
To use the Services, including browsing our online store or purchasing any products we offer, you may be asked to provide certain information, such as your email address, billing, payment, and shipping information. You represent and warrant that all information you provide is correct, current, and complete, and that you have all rights necessary to provide this information.
You are solely responsible for maintaining the security of your account credentials and for all account activity. You may not transfer, sell, assign, or license your account to any other person.
Section 2 — Our Products
We have made every effort to provide an accurate representation of our products in our online store. However, colors or product appearance may differ from how they appear on your screen due to your device and its settings.
We do not warrant that the appearance or quality of any product purchased by you will be identical to how it is depicted or described in our online store.
All product descriptions are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time and may limit quantities offered to any person, geographic region, or jurisdiction on a case-by-case basis.
Section 3 — Orders
When you place an order, you are making an offer to purchase. NosyKaia reserves the right to accept or decline your order for any reason at its discretion. Your order is not accepted until NosyKaia confirms acceptance. We must receive and process your payment before your order is accepted. Please review your order carefully before submitting, as we may be unable to accommodate cancellation requests after an order is accepted. If we do not accept, change, or cancel an order, we will attempt to notify you using the email, billing address, and/or phone number provided at checkout.
Your purchases are subject to return or exchange solely in accordance with our Shipping & Returns policy.
You represent and warrant that your purchases are for your own personal or household use, and not for commercial resale or export.
Section 4 — Prices and Billing
Prices, discounts, and promotions are subject to change without notice. The price charged will be the price in effect at the time the order is placed, as set out in your order confirmation email. Unless otherwise stated, posted prices do not include VAT, shipping, handling, customs, or import charges.
Prices posted in our online store may differ from prices offered elsewhere, including in physical stores or third-party channels. We may offer promotions from time to time, governed by separate terms; where those terms conflict with these Terms, the promotion terms will govern.
You agree to provide current, complete, and accurate purchase, payment, and account information, and to promptly update it as needed so we can complete your transactions and contact you.
You represent and warrant that: (i) the payment information you provide is true, correct, and complete; (ii) you are duly authorized to use the payment method provided; (iii) charges incurred will be honored by your payment provider; and (iv) you will pay all charges at the posted prices, including shipping, handling, and applicable VAT.
Tax Registration Number (TRN): 105490672000001
Section 5 — Shipping and Delivery
Delivery estimates are provided in good faith but are not guaranteed. We are not responsible for delays caused by shipping carriers, customs processing, or events outside our reasonable control. Once we transfer products to the carrier, risk of loss passes to you, without prejudice to your statutory rights under applicable UAE consumer protection law.
Full shipping terms are set out in our Shipping & Returns policy.
Section 6 — Intellectual Property
Our Services, including all trademarks, brands, text, displays, images, graphics, product photography, and the design, selection, and arrangement thereof, are owned by NosyKaia, its affiliates, or its licensors, and are protected by UAE and international copyright, trademark, and other intellectual property laws.
These Terms permit you to use the Services for personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works from, publicly display, republish, download, store, or transmit any material from the Services without our prior written consent. Nothing in these Terms grants any license or right to you under any patent, trademark, copyright, or other intellectual property of NosyKaia, Shopify, or any third party, except as expressly stated. All rights not expressly granted are reserved by NosyKaia.
NosyKaia's names, logos, product names, designs, and slogans are trademarks of NosyKaia or its licensors and must not be used without our prior written permission. Shopify's name, logo, and related marks are trademarks of Shopify. All other names, logos, and marks on the Services belong to their respective owners.
Section 7 — Optional Tools
You may be given access to tools offered by third parties as part of the Services, which we do not monitor or control. Such tools are provided "as is" and "as available," without warranties of any kind and without endorsement. We accept no liability arising from your use of such optional tools, which is entirely at your own risk. You should review and understand the third-party provider's own terms before using such tools.
We may, in the future, offer new features through the Services. Such features will also be subject to these Terms.
Section 8 — Third-Party Links
The Services may contain links to third-party websites or embedded third-party functionality. We are not responsible for examining or evaluating the content or accuracy of any third-party materials or sites. If you leave our Services to access third-party content, you do so at your own risk. We are not liable for any harm related to your access to, or purchases from, third-party websites. Please review third-party policies carefully before transacting. Complaints regarding third-party products or services should be directed to that third party.
Section 9 — Relationship with Shopify
NosyKaia is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our store are made directly with NosyKaia. By using the Services, you acknowledge that Shopify is not responsible for any aspect of any sale between you and NosyKaia, including any injury, damage, or loss resulting from purchased products. You expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from your purchases and transactions with NosyKaia.
Section 10 — Privacy Policy
All personal information we collect through the Services is subject to our Privacy Policy, and certain personal information may also be subject to Shopify's Privacy Policy. By using the Services, you acknowledge that you have read both.
We process personal data in accordance with applicable UAE data protection law, in addition to Shopify's own data handling obligations as our processor. Because the Services are hosted by Shopify, Shopify collects and processes personal information about your use of the Services to provide and improve them. Your information may be transmitted to and shared with Shopify and other third parties, which may be located outside the UAE, in order to deliver the Services to you. Review our Privacy Policy for details.
Section 11 — Feedback
If you submit any ideas, suggestions, feedback, reviews, or other content ("Feedback"), you grant us a perpetual, worldwide, royalty-free, sublicensable license to use, reproduce, modify, publish, and display such Feedback for any purpose, including commercial use.
You represent and warrant that: (i) you own or have all rights necessary to submit the Feedback; (ii) you have disclosed any compensation received in connection with it; and (iii) it complies with these Terms. We are under no obligation to keep Feedback confidential, compensate you for it, or respond to it.
We may, but are not obligated to, monitor, edit, or remove Feedback we consider unlawful, offensive, or otherwise objectionable, or that violates any party's rights or these Terms.
You agree that your Feedback will not infringe any third party's rights, contain unlawful or abusive content, or contain malware. You may not use a false identity or otherwise mislead us or third parties. You are solely responsible for your Feedback and its accuracy; we assume no liability for Feedback posted by you or any third party.
Section 12 — Errors, Inaccuracies, and Omissions
The Services may occasionally contain typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, shipping charges, or availability. We reserve the right to correct such errors and to update, change, or cancel orders affected by inaccurate information at any time, without prior notice, including after an order has been submitted.
Section 13 — Prohibited Uses
You may access and use the Services for lawful purposes only. You may not use the Services to: (a) pursue any unlawful or malicious purpose; (b) violate any applicable law or regulation; (c) infringe our intellectual property rights or those of others; (d) harass, abuse, defame, or harm any person; (e) transmit false or misleading information; (f) send or receive material that violates these Terms; (g) impersonate any person or entity; or (h) engage in conduct that restricts others' use of the Services or exposes us or others to liability.
You also agree not to: (a) upload viruses or malicious code; (b) reproduce, extract, sell, or exploit any portion of the Services without authorization; (c) collect or track others' personal information; (d) spam, phish, or pretext the Services; (e) use bots, scrapers, or automated/AI tools to access the Services without authorization; or (f) bypass or interfere with security or access-control measures. We reserve the right to suspend, disable, or terminate your account at any time, without notice, for violation of these Terms.
Section 14 — Agents
This section ("Agent Terms") applies if you use, allow, or cause the deployment of an "Agent" — any software that takes autonomous or semi-autonomous action on behalf of a person or entity — to access or interact with the Services.
No Agent may access the Services unless it: (i) identifies itself as an Agent in all HTTP/HTTPS requests, by including "Agent/[agent name]" in the user-agent string; (ii) does not conceal that its access is automated, including by mimicking human behavior or bypassing CAPTCHAs; (iii) responds truthfully to any prompt asking whether it is human or automated; and (iv) does not circumvent measures intended to control Agent access. We may limit or block Agent access at our discretion, including by technical measures.
Section 15 — Termination
We may terminate this agreement or your access to the Services, in whole or in part, at our sole discretion, at any time, without notice. You remain liable for all amounts due up to the date of termination.
The following sections survive termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver, Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provision that by its nature should survive.
Section 16 — Disclaimer of Warranties
Information presented through the Services is provided for general information purposes only. We do not warrant the accuracy, completeness, or usefulness of this information, and any reliance on it is at your own risk.
Except as expressly stated by NosyKaia, and to the fullest extent permitted under UAE law, the Services and all products offered through them are provided "as is" and "as available," without representation, warranty, or condition of any kind, whether express or implied, including implied warranties of merchantability, satisfactory quality, or fitness for a particular purpose. We do not guarantee that the Services will be uninterrupted, timely, secure, or error-free. Nothing in this section excludes or limits liability that cannot lawfully be excluded or limited under UAE law, including liability for gross negligence, willful misconduct, fraud, or death or personal injury caused by our negligence.
Section 17 — Limitation of Liability
To the fullest extent permitted by applicable UAE law, NosyKaia, our partners, directors, officers, employees, affiliates, agents, contractors, service providers, and licensors — as well as those of Shopify and its affiliates — shall not be liable for any indirect, incidental, punitive, special, or consequential damages, including lost profits, lost revenue, lost savings, or loss of data, arising from your use of the Services or any product procured through them, whether based in contract, tort, or otherwise, even if advised of the possibility of such damages.
Nothing in these Terms excludes or limits liability for gross negligence, willful misconduct, fraud, or any other liability that cannot lawfully be excluded or limited under the laws of the United Arab Emirates.
Section 18 — Indemnification
You agree to indemnify, defend, and hold harmless NosyKaia, Shopify, and our respective affiliates, partners, officers, directors, employees, agents, contractors, and service providers from any losses, damages, liabilities, or claims, including reasonable legal fees, arising from: (1) your breach of these Terms; (2) your violation of any law or third-party right; or (3) your access to or use of the Services.
We will notify you of any indemnifiable claim; delay in notice will not relieve your obligations unless you are materially prejudiced by it. We may control the defense and settlement of such claims at your expense, but will not settle any claim requiring non-monetary obligations from you without your consent, not to be unreasonably withheld. You agree to cooperate in the defense of any indemnified claim.
Section 19 — Severability
If any provision of these Terms is found to be unlawful, void, or unenforceable, that provision shall be enforced to the fullest extent permitted by applicable law, and the unenforceable portion shall be severed, without affecting the validity of the remaining provisions.
Section 20 — Waiver; Entire Agreement
Our failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision.
These Terms, together with any policies or operating rules posted on this site, constitute the entire agreement between you and NosyKaia regarding the Services, superseding any prior agreements or communications, whether oral or written, including prior versions of these Terms.
Any ambiguity in these Terms shall not be construed against the drafting party.
Section 21 — Assignment
You may not delegate, transfer, or assign this agreement or your rights or obligations under it without our prior written consent; any such attempt is void. We may transfer, assign, or delegate these Terms and our rights and obligations without notice or consent.
Section 22 — Governing Law
These Terms of Service, and any separate agreement under which we provide you Services, shall be governed by and construed in accordance with the federal laws of the United Arab Emirates and the local laws of the Emirate of Ras Al Khaimah, without regard to conflict-of-law principles.
Any dispute arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the onshore courts of Ras Al Khaimah, and you and NosyKaia each consent to the personal jurisdiction of such courts.
Section 23 — Headings
Headings used in this agreement are included for convenience only and do not limit or affect these Terms.
Section 24 — Changes to Terms of Service
You may review the current version of these Terms at any time on this page. We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms by posting changes to our website. It is your responsibility to check this page periodically. We will notify you of any material changes in accordance with applicable law, and such changes will take effect on the date specified in the notice. Continued use of the Services after changes are posted constitutes acceptance of those changes.
Section 25 — Contact Information
Questions about these Terms of Service should be sent to us at info@nosykaia.com.
NosyKaia FZ-LLC
Email: info@nosykaia.com
Business Phone Number: +971562229277
Business Registration Number: 45036689
Tax Registration Number (TRN): 105490672000001