TERMS OF SERVICE

‍Introduction

These terms and conditions govern your use of this website (lunaya.com); by using this website, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website.

This website uses cookies. By using this website and agreeing to these terms and conditions, you consent to Lunaya’s use of cookies in accordance with Lunaya’s cookies policy.

License to Use Website

Unless otherwise stated, Lunaya and/or its licensors own the intellectual property rights in the website and material on the website. Subject to the license below, all these intellectual property rights are reserved.

You may view, download for caching purposes only, and print pages, brochures, and menus from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.

You must not:

• republish material from this website (including republication on another website);
  
• sell, rent, or sub-license material from the website;
  
• show any material from the website in public;
  
• reproduce, duplicate, copy, or otherwise exploit material on this website for a commercial purpose;
  
• edit or otherwise modify any material on the website; or
  
• redistribute material from this website except for content specifically and expressly made available for redistribution.
  
  

Acceptable Use

You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity.

You must not use this website to copy, store, host, transmit, send, use, publish, or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit, or other malicious computer software.

You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction, and data harvesting) on or in relation to this website without Lunaya’s express written consent.

You must not use this website to transmit or send unsolicited commercial communications.

You must not use this website for any purposes related to marketing without Lunaya’s express prior written consent.

No Warranties

This website is provided “as is” without any representations or warranties, express or implied. Lunaya makes no representations or warranties in relation to this website or the information and materials provided on this website.

Without prejudice to the generality of the foregoing paragraph, Lunaya does not warrant that:

• this website will be constantly available, or available at all; or
  
• the information on this website is complete, true, accurate, or non-misleading.
  
  

Nothing on this website constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any legal, financial, or medical matter, you should consult an appropriate professional.

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No Offer or Contractual Relationship

The information, images, descriptions, layouts, specifications, prices, timelines, and other content displayed on this website are provided for general informational and marketing purposes only and do not constitute an offer, inducement, reservation, or legally binding commitment to sell any property.

No sale, reservation, or contractual relationship shall arise unless and until a formal Sale and Purchase Agreement is duly executed between Lunaya and the relevant purchaser in accordance with applicable UAE laws and regulations.
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Illustrations, Plans, and Specifications

All architectural renderings, photographs, computer-generated images, floor plans, dimensions, finishes, landscaping, furniture, amenities, and specifications shown on this website are artistic impressions or indicative only. Lunaya reserves the right to make changes, substitutions, or variations as required by design development, regulatory requirements, construction considerations, or availability, without prior notice.
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No Reliance

‍‍You acknowledge and agree that you have not relied, and shall not rely, on any statement, representation, warranty, or information contained on this website when making any decision relating to the purchase, investment in, or reservation of any property, save as expressly set out in a duly executed Sale and Purchase Agreement.
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Regulatory and Development Rights

‍All developments are subject to approvals, conditions, and requirements imposed by relevant authorities. Lunaya reserves the right to amend, modify, or reconfigure any aspect of a development to comply with regulatory, technical, or commercial requirements, without incurring liability.
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Limitations of Liability

Lunaya will not be liable to you (whether under the law of contract, the law of torts, or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:

• to the extent that the website is provided free of charge, for any direct loss;
  
• for any indirect, special, or consequential loss; or
  
• for any business losses, loss of revenue, income, profits, or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.
  
  

These limitations of liability apply even if Lunaya has been expressly advised of the potential loss. Without prejudice to any mandatory rights under applicable law, Lunaya shall not be liable for any loss, damage, cost, or expense arising from reliance on website content relating to property descriptions, pricing, availability, completion timelines, investment performance, rental yields, or future value projections.
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Exceptions

Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit Lunaya’s liability in respect of any:

• death or personal injury caused by Lunaya’s negligence;
  
• fraud or fraudulent misrepresentation on the part of Lunaya; or
  
• matter which it would be illegal or unlawful for Lunaya to exclude or limit, or to attempt or purport to exclude or limit, its liability.
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Reasonableness

By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.

If you do not think they are reasonable, you must not use this website.
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Other Parties

You accept that, as a limited liability entity, Lunaya has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against Lunaya’s officers or employees in respect of any losses you suffer in connection with the website.

Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect Lunaya’s officers, employees, agents, subsidiaries, successors, assigns, and sub-contractors as well as Lunaya.
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Unenforceable Provisions

If any provision of these terms and conditions is found to be unenforceable under applicable law, that will not affect the enforceability of the other provisions.
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Indemnity

You hereby indemnify Lunaya and undertake to keep Lunaya indemnified against any losses, damages, costs, liabilities, and expenses (including without limitation legal expenses) arising out of any breach by you of these terms and conditions.
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Breaches of These Terms and Conditions

If you breach these terms and conditions, Lunaya may take such action as it deems appropriate, including suspending or prohibiting your access to the website and bringing legal proceedings against you.
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Variation

Lunaya may revise these terms and conditions from time to time. Revised terms and conditions will apply from the date they are published on this website.
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Assignment

Lunaya may transfer or assign its rights and obligations under these terms and conditions without notice. You may not transfer or assign your rights or obligations under these terms and conditions.
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Severability

If any provision of these terms and conditions is determined to be unlawful or unenforceable, the remaining provisions will continue in effect.
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Entire Agreement

These terms and conditions constitute the entire agreement between you and Lunaya in relation to your use of this website.
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Governing Law and Jurisdiction

These Terms and Conditions, the Privacy Policy, and any use of this website, together with any non-contractual obligations, representations, or disputes arising out of or in connection with them (including without limitation any claims relating to website content, marketing materials, property information, data protection, or alleged reliance), shall be governed by and construed in accordance with the laws of the Dubai International Financial Centre (DIFC).

The courts of the Dubai International Financial Centre (DIFC Courts) shall have exclusive jurisdiction to settle any dispute, claim, or matter arising out of or in connection with these Terms and Conditions or the use of this website, including any question regarding their existence, validity, interpretation, performance, breach, or termination.

Proceedings shall be conducted in the English language. Lunaya reserves the right, without waiver of jurisdiction, to seek interim, injunctive, or enforcement relief in any competent jurisdiction where its rights, assets, or interests may be affected.

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