Service Argreement

Terms of Service Agreement

These Customer Terms & Conditions and any other rules posted on the website located at the URL www.goodness.me (the “Website”), including [“Terms of Use”] and [“Privacy Policy”], each of which is incorporated by reference herein (collectively with these Customer Terms & Conditions, the “Website Terms”), constitute an agreement between Goodness Health Services, (“Goodness”, “we”, “our”, “us”) and you, the customer, governing your registration for an account (an “Account”) and/or the purchase by you of any product offered for sale by Goodness (each, a “Product”) on the Website.

When you register for an account or purchase a product from the website, you represent that you have read, understood and agree to be bound by the website terms. If you do not agree to the website terms or to any changes we may subsequently make to the website terms, you should stop using the website, terminate your account and discontinue purchasing products from the website.

Your access to the Website, the use of your Account and the right to purchase Products from us is subject to your continued compliance with the Website Terms and all applicable laws. Your right to access the Website and purchase Products will terminate immediately, without any further action by Goodness, if you breach the Website Terms.
We reserve the right to modify or update these Customer Terms & Conditions at any time for any reason, with or without prior notice to you, and any such changes to these Customer Terms & Conditions will supersede and replace any previous Customer Terms & Conditions effective immediately upon posting to this page. It is your responsibility to periodically review these Customer Terms & Conditions as posted here for any changes. Your continued use of the Website after the posting of changes to these Customer Terms & Conditions will constitute your acceptance of such changes. For the avoidance of doubt, you should discontinue using the Website if you do not agree with any changes to these Customer Terms & Conditions.

1.Use of Our Service:

1.A. Eligibility

You may use the Service only if you can form a binding contract with Goodness, and only in compliance with this Agreement and all applicable local, state, national, and international laws, rules and regulations. Any use or access to the Service by anyone under 18 is strictly prohibited and in violation of this Agreement. The Service is not available to any Users previously removed from the Service by Goodness.

1.B. The Goodness Service

Subject to the terms and conditions of this Agreement, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable license to use the Service as permitted by the features of the Service. Goodness reserves all rights not expressly granted herein in the Service and the Goodness Content (as defined below). Goodness may terminate this license at any time for any reason or no reason.

1.C. Goodness Accounts

Your Goodness account gives you access to the services and functionality that we may establish and maintain from time to time and in our sole discretion. Accounts are for individuals only and sharing accounts with multiple people, including people at the same company, is strictly forbidden and will result in losing the account without refund. We may maintain different types of accounts for different types of Users. If you open a Goodness account on behalf of a company, Company, or other entity, then (a) “you” includes you and that entity, and (b) you represent and warrant that you are an authorized representative of the entity with the authority to bind the entity to this Agreement, and that you agree to this Agreement on the entity’s behalf.

 

When creating your account, you must provide accurate and complete information.  You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. We encourage you to use “strong” passwords (passwords that use a combination of upper- and lower-case letters, numbers and symbols) with your account.  You must notify Goodness immediately of any breach of security or unauthorized use of your account. Goodness will not be liable for any losses caused by any unauthorized use of your account.

 

You may control your User profile and how you interact with the Service by changing the settings in your settings page. By providing Goodness your email address, you consent to our using the email address to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other messages, such as changes to features of the Service and special offers. If you do not want to receive such email messages, you may opt out or change your preferences in your settings page. Opting out may prevent you from receiving email messages regarding updates, improvements, or offers.

1.D. Service Rules

You agree not to engage in any of the following prohibited activities: (i) copying, distributing, or disclosing any part of the Service in any medium, including without limitation by any automated or non-automated “scraping”; (ii) using any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access the Service in a manner that sends more request messages to the Goodness servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser (iii) transmitting spam, chain letters, or other unsolicited email; (iv) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service; (v) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (vi) uploading invalid data, viruses, worms, or other software agents through the Service; (vii) collecting or harvesting any personally identifiable information, including account names, from the Service; (viii) using the Service for any commercial solicitation purposes; (ix) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (x) interfering with the proper working of the Service; (xi) accessing any content on the Service through any technology or means other than those provided or authorized by the Service; or (xii) bypassing the measures we may use to prevent or restrict access to the Service, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the content therein; or (xiii) monetizing The Information content through advertising, subscriptions or other means.

We may, without prior notice, change the Service; stop providing the Service or features of the Service, to you or to users generally; or create usage limits for the Service. We may permanently or temporarily terminate or suspend your access to the Service without notice and liability for any reason, including if in our sole determination you violate any provision of this Agreement, or for no reason. Upon termination for any reason or no reason, you continue to be bound by this Agreement.

You are solely responsible for your interactions with other Goodness Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users. Goodness shall have no liability for your interactions with other Users, or for any User’s action or inaction.

2.Our Proprietary Rights:

 

The Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, and photographs (the “Goodness Content”), and all Intellectual Property Rights related thereto, are the exclusive property of Goodness and its licensors. Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any Goodness Content. Use of the Goodness Content for any purpose not expressly permitted by this Agreement is strictly prohibited.

 

You may choose to or we may invite you to submit comments or ideas about the Service, including without limitation about how to improve the Service or our products (“Ideas”).  By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place Goodness under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, Goodness does not waive any rights to use similar or related ideas previously known to Goodness, or developed by its employees, or obtained from sources other than you.

 

3.Interacting with the Service and User Content:

3.A. Your User Content

Some areas of the Service allow Users to post content such as profile information, comments, questions, images, and other content or information. Any content or information a User submits, posts, displays, links to, or otherwise makes available on the Service is referred to as “User Content.” We claim no ownership rights over User Content created or provided by you. The User Content you create remains yours; however, by sharing User Content through the Service, you agree to allow others to view, edit, and/or share your User Content in accordance with your settings and this Agreement. Goodness has the right (but not the obligation) in its sole discretion to remove any User Content that is shared via the Service.

3.B. How We and Other Users can Use Your Content

By posting or otherwise making available any User Content on the Service, you hereby expressly grant, and you represent and warrant that you have all rights necessary to grant, to Goodness a royalty-free, sublicensable, transferable, perpetual, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, syndicate, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Service and Goodness’ (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each User of the Service a non-exclusive license to access your User Content through the Service, and to use, reproduce, modify, distribute, display and perform such User Content as permitted through the functionality of the Service and under this Agreement.

3.C. Your responsibilities

You agree not to post User Content that: (i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal; (ii) may create a risk of any other loss or damage to any person or property; (iii) seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise; (iv) may constitute or contribute to a crime or tort; (v) contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, obscene, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, or otherwise objectionable; (vi) contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party’s trade secrets); (vii) contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; or (viii) contains any information or content that you know is not correct and current.

You agree that any User Content that you post does not and will not violate third-party rights of any kind, including without limitation any Intellectual Property Rights (as defined below) or rights of privacy. To the extent that your User Content contains music, you hereby represent that you are the owner of all the copyright rights, including without limitation the performance, mechanical, and sound recordings rights, with respect to each and every musical composition (including lyrics) and sound recording contained in such User Content and have the power to grant the license granted below.

In connection with your User Content, you affirm, represent and warrant the following: (i) you have the written consent of each and every identifiable natural person in the User Content to use such person’s name or likeness in the manner contemplated by the Service and this Agreement, and each such person has released you from any liability that may arise in relation to such use; (ii) your User Content and any use thereof as contemplated by this Agreement and the Service will not violate any law or infringe any rights of any third party, including but not limited to any Intellectual Property Rights and privacy rights; (iii) Goodness may exercise the rights to your User Content granted under this Agreement without liability for payment of any guild fees, residuals, payments, fees, or royalties payable under any collective bargaining agreement or otherwise; and (iv) to the best of your knowledge, all your User Content and other information that you provide to us is truthful and accurate.

Goodness reserves the right, but is not obligated, to reject and/or remove any User Content that it believes, in its sole discretion, violates these provisions. Goodness takes no responsibility and assumes no liability for any User Content that you or any other User or third party posts or sends over the Service. You shall be solely responsible for your User Content and the consequences of posting or publishing it, and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose, and you agree that Goodness shall not be liable for any damages you allege to incur as a result of User Content.

3.D. Definition of Intellectual Property

For the purposes of this Agreement, “Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.

4.Paid Services:

 

4.A. Billing Policies

Certain aspects of the Service may be provided for a fee or other charge. If you elect to use paid aspects of the Service, you agree to the Payment Terms, as we may update them from time to time. Goodness may add new services for additional fees and charges, or amend fees and charges for existing services, at any time in its sole discretion. Any change to our pricing or payment terms shall become effective in the billing cycle following notice of such change to you as provided in the Payment Terms.

4.B. No Refunds

You may cancel your Goodness account at any time; however, there are no refunds for cancellation; if you cancel before the end of your billing cycle you have access to your account for the remainder of the billing cycle. In the event that Goodness suspends or terminates your account or this Agreement for your breach of this Agreement, you understand and agree that you shall receive no refund or exchange for any unused time on a subscription, any license or subscription fees for any portion of the Service, any content or data associated with your account, or for anything else.

4.C. Payment Information; Taxes

All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the Service must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with the Service at the prices in effect when such charges are incurred. You will pay any applicable taxes, if any, relating to any such purchases, transactions or other monetary transaction interactions.

5.No Professional Advice:

 

If the Service provides professional information (for example, financial, legal or medical), such information is for informational purposes only and should not be construed as professional or investment advice. No action should be taken based upon any information contained in the Service. You should seek independent professional advice from a person who is licensed and/or qualified in the applicable area.

 

6.Privacy:

We care about the privacy of our Users. You understand that by using the Services you consent to the collection, use and disclosure of your personally identifiable information and aggregate data as set forth in our Privacy Policy, and to have your personally identifiable information collected, used, transferred to and processed outside the United Arab Emirates.

7.Security:

Goodness cares about the integrity and security of your personal information. However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.

 

8.Third-Party Links:

The Service may contain links to third-party websites, services or other events or activities that are not owned or controlled by Goodness. Goodness does not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access a third party website from the Service, you do so at your own risk, and you understand that this Agreement and Goodness’ Privacy Policy do not apply to your use of such sites. You expressly relieve Goodness from any and all liability arising from your use of any third-party website, service, or content.  

9.Indemnity:

You agree to defend, indemnify and hold harmless Goodness and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising out of or related to: (i) your use of and access to the Service, including any data or content transmitted or received by you; (ii) your violation of any term of this Agreement, including without limitation your breach of any of the representations and warranties above; (iii) your violation of any third-party right, including without limitation any right of privacy or Intellectual Property Rights; (iv) your violation of any applicable law, rule or regulation; (v) any other information or content that is submitted via your account including without limitation misleading, false or inaccurate information; (vi) negligent or willful misconduct; or (vii) any other party’s access and use of the Service with your unique username, password or other appropriate security code.

 

10.No Warranty:

The service is provided on an “as is” and “as available” basis. Use of the service is at your own risk. To the maximum extent permitted by applicable law, the service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement. No advice or information, whether oral or written, obtained by you from the company or through the service will create any warranty not expressly stated herein. Without limiting the foregoing, company, its subsidiaries, its affiliates, and its licensors do not warrant that the content is accurate, reliable or correct; that the service will meet your requirements; that the service will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the service is free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of the service is downloaded at your own risk and you will be solely responsible for any damage to your computer system or mobile device or loss of data that results from such download or your use of the service.

 

Some states do not allow the exclusion of implied warranties, so the above exclusions may not apply to you. This agreement gives you specific legal rights, and you may also have other rights which vary from country to country. The disclaimers and exclusions under this agreement will not apply to the extent prohibited by applicable law.

 

11. Eligibility to Purchase Products:

In order to make purchases on the Website, you must be 18 years of age or older, be lawfully able to enter into and form contracts on the Internet in accordance with the laws of the United Arab Emirates.
In order to make purchases on the Website if you are not a Registered User, you will be required to provide information about yourself that is true, accurate, current and complete in all respects, including your name, address and e-mail address and other requested information as indicated. Furthermore, you will be required to provide payment details that you represent and warrant are both valid and correct and confirm that you are the person referred to in the “Billing” information provided. In order to make purchases on the Website you will also need to have been issued a valid credit/debit card by a bank acceptable to Goodness, and have authorized Goodness to process a charge or charges on your credit/debit card in the amount of the total purchase price for the Product(s) that you purchase. Products purchased by you must be for personal use or purchased as a gift and may not be re-sold or used for commercial purposes or for any other commercial benefit. In addition, Goodness reserves the right to restrict multiple quantities of a Product from being shipped to any one customer or postal address.

By making an offer to purchase Products, you expressly authorize Goodness to perform credit checks and, where deemed necessary, to transmit or to obtain your credit card information or credit report information (including any updated information) to or from third parties solely to authenticate your identity, to validate your credit/debit card, to obtain an initial credit card authorization and/or to authorize individual purchase transactions.

You agree that we may use personal information that you provide in order to conduct appropriate anti-fraud checks. Personal information that you provide may also be disclosed to a third-party credit reference or fraud prevention agency which may keep a record of that information. Please refer to our Privacy Policy for further information about how we use your personal information and data.

 

12. Product Orders:

When placing an order, you must follow the instructions on the Website as to how to place your order and for making changes to your order before you submit it to us through the Website. All orders are subject to acceptance and availability and any Products in ‘Your Bag’ are not reserved and may be purchased by other customers until your order is complete and accepted by us.

Goodness offers Products for sale that are in stock and available for shipping. Occasionally however, we may be waiting for shipment from our suppliers. Goodness may, in its sole discretion, offer you, from time to time, the opportunity to either (i) place in advance a “pre-order” for such Products which may ensure that you receive the item on a priority basis once the Products have been delivered to Goodness and/or (ii) to register your e-mail address for notification of the arrival of the selected Products not in stock. Your rights regarding pre-orders are the same as those for any other purchase from Goodness.

When you submit an order to us through the Website, you agree that you do so expressly subject to the Customer Terms & Conditions current at the date you submit your order. You are responsible for reviewing the latest Customer Terms & Conditions each time you submit an order.

13. Acceptance of Your Product Order:

Once you place an order, you will receive an e-mail acknowledging the details of your order. We will not be obligated to supply a Product to you until we have accepted your order for such Product by e-mail in a form called a “Confirmation of Order” stating that we are accepting your order. An e-mail, letter, fax or other acknowledgement of your order by us is purely for information purposes and does not constitute our acceptance of your order. When we send you an acknowledgement, we may give you an order reference number and details of the Product(s) you have ordered.

We may, in our discretion, refuse to accept an order from you for any reason, including if we are unable to obtain authorization for payment, shipping restrictions apply to a particular item, the Product(s) you order are out of stock or do not satisfy our quality control standards or are withdrawn or you do not meet the eligibility criteria set out in these Customer Terms & Conditions. From time to time, we may offer you an alternative Product, in which case we will require you to re-submit your order. We will not be liable to you or any third-party by reason of our withdrawing any Product(s) from the Website, whether or not the Product(s) have been sold, removing, screening or editing any materials or content on the Website, refusing to process a transaction or unwinding or suspending any transaction after processing has begun.

Until the time when we accept your order, we reserve the right to refuse to process your order and you reserve the right to cancel your order. If you have cancelled your order before we have accepted it, or if we cancel your order at any time for any reason, then we will promptly refund any payment already made by you or your credit/debit card company to us for the order of the Product(s).

If you discover that you have made a mistake with your order after you have submitted it to us, please contact us immediately by e-mail to customerservice@goodness.me.

14. Product Prices:

Prices shown on the Website are in AED (United Arab Emirates Dirham) and are exclusive of taxes and delivery charges. Once you select a Product that you wish to order and place it in ‘Your Bag,’ you may see all charges you must pay, including taxes, if applicable, and any delivery charges, on the Review page by clicking “checkout” in ‘Your Bag’.

All prices and offers remain valid as advertised from time to time, except in cases of patent error as set forth below. If the price for a Product in your order changes before we accept your order, we will contact you and ask you to confirm that you wish to proceed with the order at the amended price.While every effort is made to ensure that details on the Website are accurate, we may from time to time discover an error in the pricing of Products. If we discover an error in the pricing of a Product in your order, we will notify you as soon as possible. We will not be under any obligation to accept or fulfill an order for a Product that was advertised at an incorrect price and reserve the right to cancel such an order that has been accepted or is in transit. If you order a Product that is priced incorrectly for any reason, we will e-mail or telephone you to inform you that we have not accepted your order and/or that the relevant part of your order has been cancelled. If you or your credit/debit card company have already paid for the Product(s), we will refund the full amount as soon as reasonably practicable. In the event that Products are recalled in transit, we will process your refund once the Products have been returned to us.

If you are a customer whose credit/debit card is not denominated in AED, your final price will be calculated in accordance with the applicable exchange rate on the day your credit/debit card issuer processes the transaction.

15. Product Payment:

Payment for Products can be made by Visa or MasterCard and any other methods which may be provided for on the Website from time to time. Payment will be debited and cleared from your account in full at the time you place your order, including with respect to any pre-order. You confirm that the credit/debit card that is being used is yours or that you have been specifically authorized by the owner of the credit/debit card to use it and that there are sufficient funds or credit facilities to cover the cost of the Product(s) ordered.
We take reasonable care to make our Website secure. All credit/debit card transactions on the Website are processed using PayTabs, a secure on-line payment gateway that encrypts your credit/debit card details in a secure host environment. These details will only be used to process credit/debit card transaction which you have initiated. We do not store your credit card information on our Website, but rely on PayTabs to do so.

We take reasonable care, in so far as it is within our control to do so, to keep the details of your order and payment secure. However, in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third-party procures unauthorized access to any data and/or personal information that you provide when accessing or ordering from the Website.

16. Product Delivery:

Goodness is responsible for each purchase that you make during the time it is in transit until it is delivered to your specified delivery address. Our goal is to deliver the Product(s) to you at the place of delivery requested by you in your order. Please note that it may not be possible for us to deliver to some locations. Should this be the case, we will inform you using your contact details and arrange

Upon delivery of an order, you agree to inspect the Product(s) for the correct quantities and any obvious faults, defects or damage.

17. Return Policy :
If you have chosen to return a Product eligible for return you are responsible for following our return policy and returning the Product to us as soon as reasonably practicable, but in no event later than 40 days from the order date. We will not accept any returns after 40 days. Products eligible for return must be returned unused, with tags attached in their original packaging.

We do not accept returns of intimate apparel, earrings, any personalized or custom-made products, final sale merchandise, or a Product that is specified as non-returnable in its description, unless they are faulty.

 

Any exceptions to this policy will be listed under product details on the product page. To return a Product, e-mail customerservice@goodness.me from the e-mail address that you used to make your purchase.

Returning Products is always at your risk. If you return any Product for any reason, you must ensure that it is adequately packaged and insured. We will not accept any responsibility for damage caused by inadequate packaging by you or if the Product is damaged or lost while being returned to us.

If you return a Product to us in accordance with the Goodness return policy within 40 days of the order date, you will receive a refund which will be credited to the original payment method. Refunds will be in the amount of the Product price plus taxes, if applicable, less a AED35 restocking fee for each Product returned but will not include the original shipping cost. We will process the refund due to you as soon as reasonably practicable after the Product(s) have been returned to us and, in any case, within 5 business days of our receipt of the returned Product(s). Please note that refunds can take up to ten working days to appear in your account due to varying processing times between payment providers.

We will keep a record of your order and these Customer Terms & Conditions for a period of one year after we have accepted your order. However, for your future reference we recommend that you print and keep a copy of these Customer Terms & Conditions, your order and the Confirmation of Order.

We offer a flexible return policy to make your on-line shopping experience even easier. However, we do monitor the number of returns made and may refuse to accept orders at our discretion if Products are returned repeatedly.

 

18. Faulty Products:

Products are faulty if they are received damaged or where a manufacturing fault occurs within 40 days of order. Products that are damaged as a result of normal wear and tear are not considered faulty. If you return a damaged or faulty Product we will refund the initial shipping charges paid by you in addition to the amount of the Product price and taxes, if applicable. To return a faulty or damaged Product, please follow the instructions above under “Returns.”

19.Limitation of liability: 

To the maximum extent permitted by applicable law, in no event shall Goodness, its affiliates, agents, directors, employees, suppliers, or licensors be liable for any direct, indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, this service. Under no circumstances will Goodness be responsible for any damage, loss, or injury resulting from hacking, tampering or other unauthorized access or use of the service or your account or the information contained therein.

To the maximum extent permitted by applicable law, company assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of our service; (iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein; (iv) any interruption or cessation of transmission to or from the service; (v) any bugs, viruses, trojan horses, or the like that may be transmitted to or through our service by any third party; (vi) any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the service; and/or (vii) the defamatory, offensive, or illegal conduct of any third party. In no event shall Goodness, its affiliates, agents, directors, employees, suppliers, or licensors be liable to you for any claims, proceedings, liabilities, obligations, damages, losses or costs in an amount exceeding the amount you paid to Goodness hereunder or $100.00, whichever is greater.

This limitation of liability section applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if Goodness has been advised of the possibility of such damage. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.

Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you. This agreement gives you specific legal rights, and you may also have other rights which vary from state to state. The exclusions and limitations of liability under this agreement will not apply to the extent prohibited by applicable law.

The Service is controlled and operated from facilities in the United Arab Emirates. Goodness makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable local laws and regulations, including but not limited to export and import regulations. Unless otherwise explicitly stated, all materials found on the Service are solely directed to individuals, companies, or other entities located in the United Arab Emirates.

20. Governing Law:

You agree that: (i) the Service shall be deemed solely based in United Arab Emirates; and (ii) the Service shall be deemed a passive one that does not give rise to personal jurisdiction over Goodness, either specific or general, in jurisdictions other than United Arab Emirates. This Agreement shall be governed by the internal substantive laws of the State of Dubai, without respect to its conflict of laws principles. The parties acknowledge that this Agreement evidences a transaction involving interstate commerce. You agree to submit to the personal jurisdiction of the courts located in United Arab Emirates for any actions for which we retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a our copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights, as set forth in the Arbitration provision below.

21. General:

21.A. Assignment

This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Goodness without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.

21.B. Notification Procedures and Changes to the Agreement

Goodness may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email notice, written or hard copy notice, or through posting of such notice on our website, as determined by Goodness in our sole discretion. Goodness reserves the right to determine the form and means of providing notifications to our Users, provided that you may opt out of certain means of notification as described in this Agreement. Goodness is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us. Goodness may, in its sole discretion, modify or update this Agreement from time to time, and so you should review this page periodically. When we change the Agreement in a material manner, we will update the ‘last modified’ date at the bottom of this page. Your continued use of the Service after any such change constitutes your acceptance of the new Terms of Service. If you do not agree to any of these terms or any future Terms of Service, do not use or access (or continue to access) the Service.

21.C. Entire Agreement/Severability

This Agreement, together with any amendments and any additional agreements you may enter into with Goodness in connection with the Service, shall constitute the entire agreement between you and Goodness concerning the Service. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect, except that in the event of unenforceability of the universal Class Action/Jury Trial Waiver, the entire arbitration agreement shall be unenforceable.

21.D. No Waiver

No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and Goodness’ failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.

If you have any questions regarding this Agreement, please contact us at hello@goodness.me. This Agreement was last modified on April 15, 2020.