Terms & Conditions

Last updated: 11 November 2022

These Terms of Use & Service (“TOS”) govern your access to and use of GAGOU LLC, its affiliates and subsidiaries (“GAGOU” “we” “us“) website(s) (our “Site” or “Sites”), and interactive technologies implemented in connection with our services (collectively, the “Services”).

Any information, text, graphics, photographs, including all image rights, sounds, music, video, audio or text or other materials uploaded, downloaded or appearing on the Site (collectively referred to as “Content”). Your access to and use of Services is conditioned on your acceptance of and compliance with these TOS. Please read the TOS carefully before using the Site, and/or Services. By accessing or using the Services you agree to be bound by these TOS. We recommend you keep a copy of the TOS for future reference.

GAGOU is a trading name of GAGOU LLC (limited liability company in Sharjah) a company registered in Sharjah. Our registered address is Sharjah, UAE. United Arab Emirates is our Country of Domicile. GAGOU controls this Site from the U.A.E. COMPANY and 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.

GAGOU will not trade with or provide any services to individuals and companies owned or controlled by, or acting for or on behalf of, OFAC targeted countries AND individuals, groups, and entities, such as terrorists and narcotics traffickers designated under the OFAC programs that are not country specific

PURCHASES.

GAGOU 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.

 

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, 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 GAGOU to do so. You also agree not to deep-link to the site for any purpose, unless specifically authorized by GAGOU to do so. The content and software on this Site is the property of GAGOU. The cardholder must retain a copy of transaction records and Merchant policies and rules.

• “Gagou LLC” maintains the www.gagougems.com Website (“Site”).

• Customer using the website who are Minor /under the age of 18 shall not register as a User of the website and shall not transact on or use the website.

YOUR ACCOUNT

If you use GAGOU Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your account from any devices, and you agree to accept responsibility for all activities that occur under your account or password. The Site shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with this section.

 

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. GAGOU has no control over these sites or the content within them. GAGOU does not guarantee, represent or warrant that the content contained in the sites is accurate, legal and/or inoffensive. GAGOU 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 GAGOU 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 [email protected].

 

CONDITIONAL USE OF SERVICES

You may use the Services only if you can form a binding contract with GAGOU and are not a person barred from receiving Services under Emirati and any other international law and applicable jurisdictions. You may use the Services only in compliance with these TOS and all applicable national, regional, and international laws, rules and regulations.

You must not access the Site or accept these TOS if you are a person who is either barred or otherwise legally prohibited from receiving or using the Site under the laws of the country in which you are a national or a resident or from which you access or use the Site.

You are responsible for your use of the Services, for any Content you post to the Services, and for any consequences thereof. The Content you submit, post, or display will be able to be viewed by other users of the Services and through third party services and websites. You should only provide Content that you are comfortable sharing with others under these TOS.

YOUR ACCEPTANCE

By using or visiting the Site, whether You are a visitor (which means that You simply browse the Site including, without limitation, through a mobile or other wireless device, or otherwise use the Site without being registered) or you are a member (which means that you have registered with the Site), You signify Your assent to (1) these TOS; (2) GAGOU’s privacy policy (“Privacy Policy”); (3) GAGOU Conditions of Sale, which will govern the terms and conditions of any purchases (“Conditions of Sale”), and (4) all applicable laws, rules and regulations (“Applicable Laws”). If you do not agree to these TOS, the Software License or the Privacy Policy then please do not access or otherwise use the Site or any information contained herein.

We may make changes from time to time to the TOS so please check back regularly to keep informed of updates. The latest version of the TOS  will always be available on the Site. Any new version of the TOS shall take effect and will govern the use of the Site and your relationship with us immediately upon the date of posting.

The Services may include:

1. Statistics and analysis of the Content or information available through the Content, the Services, queries made through the Services, or other information. The types and extent of statistics and analysis provided by GAGOU are subject to change. In consideration for GAGOU granting you access to and use of the Services, you agree that GAGOU and its third party providers and partners may use and distribute statistics and analysis of the Content and information from the Services whether submitted by you or others.
2. Advertisements (in all of its forms) which may be targeted to you through the Content or information on the Services, queries made through the Services, or other information. The types and extent of advertising by GAGOU on the Services are subject to change. In consideration for GAGOU granting you access to and use of the Services, you agree that – GAGOU and its third-party providers and partners may place such advertising on the Services or in connection with the display of Content or information from the Services whether submitted by you or others.

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. GAGOU is not responsible for the acts or omissions of any advertiser or sponsor.

In addition, GAGOU may stop (permanently or temporarily) without serving any notice providing the Services (or any features within the Services) to you or to users generally. GAGOU also retains the right to create limits on use and storage at its sole discretion at any time without prior notice to you.

The Services that GAGOU provides are always evolving and the form and nature of the Services that GAGOU provides may change from time to time without prior notice to you. Please read the TOS and check back often. If you do not agree to any change to the TOS then you must immediately stop using the Site.

ACCOUNT REGISTRATION

To use some of the Services or features made available to you through the Services you will need to register. When you register you are required to provide information about yourself that is true, accurate, current, and complete in all respects. You are responsible at all times to keep your registration information up to date should it change. We may also change registration requirements from time to time. 

Please refer to our Privacy Policy for information about how we use your data.

PASSWORD

You are responsible for safeguarding the password that you use to access the Services and for any activities or actions under your password. GAGOU encourages you to use “strong” passwords (passwords that use a combination of upper- and lower-case letters, numbers and symbols) with your account. GAGOU -cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements. You must notify GAGOU -immediately of any breach of security or unauthorized use of your account on GAGOU.

PRIVACY

Any information that you provide to GAGOU is subject to its Privacy Policy, which governs the collection and use of your information. You understand that through your use of Services you consent to the collection and use (as set forth in the Privacy Policy) of this information, including the transfer of this information to other countries for storage, processing and use by GAGOU or third parties. As part of providing, you the Services, GAGOU may need to provide you with certain communications, such as service announcements and administrative messages. These communications are considered part of the Services and your GAGOU account, which you may not be able to opt-out from receiving.

CONTENT

The Services include material, such as software, text, documents, descriptions, products, graphics, images, video, designs, audio, interactive features, data and other material (collectively referred to as the “Content”). The Content may be owned by GAGOU or others, including other users of the Services, or other third parties (the “Third Party Content”). GAGOU makes no claim of ownership in connection with Third Party Content and makes either licensed use or fair use of such content for the editorial, news reporting, or other transformative purposes of the Services. The Content is protected by copyright under both Emirati and foreign laws. Unauthorized use of the Content may violate copyright, trademark, and other laws. You have no rights in or to the Content and you may not use the Content except as permitted under these TOS.

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. GAGOU may change, suspend, or discontinue any aspect of the Site at any time. GAGOU 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.

All other trademarks referenced, depicted, or otherwise used in connection with the Services (the “Third-Party Trademarks”) belong to their respective owners or licensees and GAGOU is not affiliated with, sponsored by, or otherwise associated with such entities unless such a relationship is explicitly identified in the Services. The Third-Party Trademarks may not be used to disparage any applicable Third-Party, any of their products or services, or in any manner in which, in our reasonable judgment, may damage any goodwill in the Third-Party Trademarks.

Content Published by GAGOU on the Site

Content and information pertaining to featured fashion items, stores/brand/designer pages and other (hereinafter the “Products“) used by GAGOU and/or published on its Services are the sole and exclusive property of their respective owners and/or GAGOU These Products have been authorized to be used and published by existing and registered companies/designers who hold the legal right and necessary authorizations to sell, distribute and market these Products. Therefore, GAGOU may not be held responsible, for any reason whatsoever and in any circumstances, for any claim or action or prosecution in connection therewith.

We have made every effort to display as accurately as possible the colors of our Products that appear on the Site. However, as computer monitors vary, we cannot guarantee that your monitor’s display of any color will be completely accurate. This may, for example, be due to technical issues such as your browser or computer settings. Accordingly, GAGOU cannot be held liable for any apparent differences in the product images represented on the Sites and the original products.

Content Published by YOU AND OTHERS on the Site

All Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such Content. GAGOU may not monitor or control the Content posted via the Services and, it cannot take responsibility for such Content. Any use or reliance on any Content or materials posted via the Services or obtained by you through the Services is at your own risk.

GAGOU does not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Services or any opinions expressed via the Services. You understand that by using the Services, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. Under no circumstances will GAGOU be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Services or broadcast elsewhere. GAGOU reserves the right at its sole discretion not to publish or to remove any comment including those that it believes may be unlawful, defamatory, racist or libelous, incite hatred or violence, detrimental to people, institutions, religions or to people’s privacy, which may cause harm to minors, is detrimental to the trade marks, patents and copyrighted content, contains personal data, improperly uses the medium for promoting and advertising businesses. The Services are available to the public, information you consider confidential should not be posted to this Site and/or App.

The personal opinions of the stores, designers and labels whose Products we feature, or any third parties with whom we are associated are their own and do not necessarily reflect the views of GAGOU and we accept no responsibility for any such views expressed in any media.

If you have a complaint related to the Content please mail contact@gagougems.com.

THE SERVICES ARE AVAILABLE “AS-IS”

Your access to and use of the Services or any Content is at your own risk. You understand and agree that the Services are provided to you on an “AS IS” and “AS AVAILABLE” basis. Without limiting the foregoing, GAGOU AND ITS PARTNERS DISCLAIM ANY WARRANTIES, EXPRESSED OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. GAGOU makes no warranty and disclaims all responsibility and liability for the completeness, accuracy, availability, timeliness, security or reliability of the Services or any Content thereon.

GAGOU will not be responsible or liable for any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services, or any Content or that the server that makes it available are free of viruses or other harmful components. We always recommend that all users of the Internet ensure they have up to date virus checking software installed.

You also agree that GAGOU has no responsibility or liability for the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Services. GAGOU makes no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from GAGOU or through the Services, will create any warranty not expressly made herein. The Site will occasionally be unavailable for routine maintenance, upgrading, or other reasons.  in addition, you agree that GAGOU will not be held responsible for any consequences to its users that may result from technical problems of the internet, slow connections, traffic congestion or overload of our or other servers, etc.

You specifically acknowledge that GAGOU shall not be liable for the defamatory, offensive, or illegal conduct or other harmful components or interference, hacking or other security intrusions of any third party and that the risk of harm or damage from the foregoing rests entirely with you.

GAGOU does not warrant, endorse or guarantee any content, product, availability with the manufacturer or supplier where such product is located or service that appears in the Site or that is featured or advertised on the Site.

YOUR ACTIVITY & RIGHTS

You retain your rights to any Content you submit, post or display on or through the Services. You will not submit Content that is not copyrighted or subject to third party proprietary rights, including privacy, publicity, trade secret, etc., unless you are the owner of such rights or have the appropriate permission from their rightful owner to specifically submit such Content to GAGOU. By submitting, posting or displaying Content on or through the Services, you grant GAGOU a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Content in any and all media or distribution methods (now known or later developed).

You agree that this license includes the right for GAGOU to make such Content available to other companies, organizations or individuals who partner with GAGOU for the syndication, broadcast, distribution or publication of such Content on other media and services, subject to our terms and conditions for such Content use.

Such additional uses by GAGOU, or other companies, organizations or individuals who partner with GAGOU may be made with no compensation paid to you with respect to the Content that you submit, post, transmit or otherwise make available through the Services.

GAGOU may modify or adapt your Content in order to transmit, display or distribute it over computer networks and in various media and/or make changes to your Content as are necessary to conform and adapt that Content to any requirements or limitations of any networks, devices, services or media.

You agree that you will be personally responsible for your use of these Services and for all of your communication and activity on and pursuant to these Services. If we determine that you are or have been engaged in prohibited activities, were not respectful of other users, or otherwise violated the TOS, we may deny you access to the Services on a temporary or permanent basis.

The Services are for personal use only and may not be used in connection with any commercial endeavors except those that are specifically approved by us. The following activities are expressly prohibited: (i) collecting usernames and/or email addresses of other users by electronic or other means for the purpose of sending unsolicited email or other communications, (ii) any use of the Services, which in our sole judgment, degrades the reliability, speed, or operation of the Services or any underlying hardware or software thereof, and (iii) any use of the Services that is unlawful or in violation of  these TOS, the Privacy Policy and Software License.

Membership in the Services is subject, in our sole discretion, to termination at any time.

INTELLECTUAL PROPERTY RIGHTS

The Services are for your personal non-commercial use only. Your use of the Services and its Contents grants no rights to you in relation to any copyright, designs, trademarks and all other intellectual property and material rights relating to the Content and the Products (as described in the Content section above), including GAGOU Software and all HTML and other code contained in the Services. All such Content including third party trademarks, designs, and related intellectual property rights mentioned or displayed on the Services are protected by national intellectual property and other laws and international treaty provisions. You are permitted to use the Content only as expressly authorized by GAGOU and/or its third party licensors. Any reproduction or redistribution of the above listed Content is prohibited and may result in civil and criminal penalties. Without limiting the foregoing, copying and use of the above listed materials to any other server, location or support for publication, reproduction or distribution is expressly prohibited. However, you are permitted to make one copy for the purposes of viewing Content for your own personal use. Any feedback, comments, or suggestions you may provide regarding GAGOU, or the Services is entirely voluntary and GAGOU will be free to use such feedback, comments or suggestions as it sees fit and without any obligation to you.

RESTRICTIONS ON CONTENT AND USE OF THE SERVICES

GAGOU reserves the right at all times (but will not have an obligation) to remove or refuse to distribute any Content on the Services and to terminate users or reclaim usernames. GAGOU also reserves the right to access, read, preserve, and disclose any information as it reasonably believes is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce the TOS, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of GAGOU, its users and the public.

You may not do any of the following while accessing or using the Services: (i) access, tamper with, or use non-public areas of the Services, GAGOU’s computer systems, or the technical delivery systems of GAGOU’s providers; (ii) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (iii) access or search or attempt to access or search the Services by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by GAGOU (and only pursuant to those terms and conditions), unless you have been specifically allowed to do so in a separate agreement with GAGOU (NOTE: crawling or scraping the Services without the prior consent of GAGOU _is expressly prohibited); (iv) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Services to send altered, deceptive or false source-identifying information; or (v) interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Services, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Services.

COPYRIGHT POLICY

GAGOU respects the intellectual property rights of others and expects users of the Services to do the same. GAGOU will respond to notices of alleged copyright infringement that comply with Applicable Laws and are properly provided to it. If you believe that your Content has been copied in a way that constitutes copyright infringement, please provide GAGOU with the following information: (i) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (ii) identification of the copyrighted work claimed to have been infringed; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit GAGOU to locate the material; (iv) your contact information, including your address, telephone number, and an email address; (v) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

GAGOU reserves the right to remove Content alleged to be infringing without prior notice and at its sole discretion. In appropriate circumstances, GAGOU will also terminate a user’s account if the user is determined to be a repeat infringer.

If you have a complaint related to the copyright infringement appearing on the Site please mail GAGOU.

THIRD PARTY SITES

We may include hyperlinks on the Services to other websites or resources operated by parties other than GAGOU. GAGOU has not reviewed all of the sites linked to its Services and is not responsible for the content or accuracy of any off-site pages nor are we responsible for the availability of such external websites or resources, and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content of such websites, including (without limitation) any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external websites or resources.

LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GAGOU AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; AND (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT RAGHUNTER HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

PRICE

The displayed price and currency selected by you, will be the same price and currency charged to the Card and printed on the Transaction Receipt.

COMPENSATION

At our request, you agree to compensate us fully, defend us, and hold us GAGOU harmless immediately on demand, its officers, directors, agents, affiliates, licensors, and suppliers, from and against all liabilities, claims, expenses, damages and losses, including legal fees, arising from any breach of the TOS by you, including the use by any other persons accessing the Services using your Internet account caused by your action or inaction.

WAIVER AND SEVERABILITY

The failure of GAGOU to enforce any right or provision of these TOS will not be deemed a waiver of such right or provision. In the event that any provision of these TOS is held to be invalid or unenforceable, the remaining provisions of these TOS will remain in full force and effect.

OUR RELATIONSHIP

You acknowledge and agree that no joint venture, partnership, employment, or agency relationship exists between you and GAGOU as a result of the TOS or your use of this Site. You agree that you may not and will not hold yourself out as a representative, agent, or employee of GAGOU, and we shall not be liable for any representation, act, or omission on your part.

GOVERNING LAW AND JURISDICTION

These TOS and any action related thereto will be governed by the Emirati Law without regard to or application of its conflict of law provisions or your state or country of residence. All claims, legal proceedings or litigation arising in connection with the Services will be brought solely before the Dubai courts and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum.

ENTIRE AGREEMENT

These TOS and GAGOU’s Privacy Policy are the entire and exclusive agreement between GAGOU and you regarding the Services (excluding any services for which you have a separate agreement with GAGOU that is explicitly in addition or in place of these TOS), and these TOS supersede and replace any prior agreements between GAGOU and you regarding the Services. No other person or company will be third party beneficiaries to the TOS.

We reserve the right, at our discretion, to modify these TOS from time to time; the most current version will always be at Gagougems.com/TermsAndConditions. If the revision, in GAGOU’s sole discretion, is material GAGOU will notify you via an email to the email associated with your account. By continuing to access or the Services after those revisions become effective, you agree to be bound by the revised TOS.

These Services are operated and provided by GAGOU. If you have any questions about these TOS, please send us an email at GAGOU.

 PURPOSE

Unless otherwise specified, the information and GAGOU materials presented on the Sites are presented solely for the purpose of promoting GAGOU products and services and to present products for sale.