Terms and Conditions

Terms & Conditions

We strongly encourage you to carefully read the below terms and conditions before using this Website (October 2021).

Who we are and how to Contact us:

The website, www.luxelvillas.com (hereinafter the “Website”) is a site operated by ISNA DMCC (hereinafter “We”, “Us”, “Our”, “LUXEL VILLAS” or “ISNA”), a limited liability company under the laws of Dubai with registration number DMCC184114 and registered office address at Unit No: 3005-D7, Swiss Tower, Plot No: JLT-PH2-Y3A, Jumeirah Lakes Towers, Dubai, UAE.

To contact us, please call our customer service line on +971 50 728 5750.

TERMS OF USE (the “Terms”)

1. Acceptance of the Terms by Using Our Website

The use of our Website hereby confirms your clear acceptance of the Terms set herein and compliance with them. You are therefore legally bound by them and it takes effect as soon as you use the Website for first time.

Disagreement from you for any of the Terms, means you shall not access our Website and avoid using it.

2. Other Policies to Read Before Using Our Website

In addition to the Terms, the following policies also apply to our Website and therefore to its use by you:

a.   Our Privacy Policy which sets out the terms on which we process any personal data we collect from you, or that you provide to us. Protecting your privacy is very important to us. You should read this Privacy Policy carefully to understand how and why your data is processed and your data rights.

b.   Our Privacy Policy, which sets out information about the cookies on our Website and the manner in which we use such cookies as well as how we collect and use your Internet Protocol (IP) Address.

3. We Have the Right to Make Changes to the Terms at any Time

We may make changes to the Terms from time to time, therefore, we encourage you to read the Terms every time you use the Website so you become aware of any possible changes done since last time you read them.

Your use of the Website, once these Terms have been changed, signifies your acceptance of the updated Terms and your agreement to comply with, and be legally bound by, the updated Terms.

4. We Have the Right to Make Changes to the Website at any Time

We may update and change our Website from time to time to reflect changes to our products, our users’ needs and our business priorities. We will try to give you reasonable notice of any major changes, where and if possible.

5. We Have the Right to Terminate Operation, Suspend or Withdraw the Website

The Website is free of charge and we cannot guarantee that any content on it will always be available to you. We may suspend or withdraw or restrict the availability of all or any part of our Website for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal, where and if possible.

This Website may be temporarily unavailable due to issues such as system failure, maintenance or repair or for reasons beyond our control. Where possible we will try to give you advance warning of maintenance issues, but shall not be obliged to do so.

6. Use of Material Available in Our Website

We are the owner or the licensee of all intellectual property rights in our Website, and in the material published on it, including any logos and products shown on the Website. The Website, together with such material and content, are protected by law around the world. All rights are reserved.

The Website and its content may only be used for your personal, non-commercial use. Any changes to the material available in our Website is strictly forbidden and our status (and that of any identified contributors) as the authors of content on our Website must always be acknowledged. You must not use any part of the content on our Website for commercial purposes without obtaining a license to do so from us or our licensors.

When using this Website you must not attempt unauthorised access to our Website, the servers on which our Website or database are stored or any servers, computer or database connected to our site, and you shall not post or send to or from this Website any material for any illegal or improper purpose, nor for any purpose which might infringe the rights of others, or which might harass or cause inconvenience of distress to any person.

In the event you breach any of these terms, we will report any such breach to the relevant law enforcement authorities. In the event of such a breach, your right to use our site will cease immediately.

We will fully co-operate with any law enforcement authorities or court order requiring us to disclose the identity or other details of any person posting material to this Website in breach of the above.

If a third party alleges that content posted by you on our site is in breach of their intellectual property rights or their right to privacy, we may disclose your identity to such third party.

We reserve the right to remove any posting you make on our Website for any reason and without notice, but particularly if your post does not comply with these terms of use.

7. Avoid Relying on Information Found on Our Website

Although we make reasonable efforts to update the information on our Website, we make no representations, warranties or guarantees, whether express or implied, that the information, content (or any part thereof) on our Website is accurate, complete or up to date.

8. We Are Not Responsible for Websites We Link to

Where our Website contains links to other sites and resources provided by third parties, these links are provided for your information only.

Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.

We do not endorse the third-party websites or make representations about them or any material contained in them. If you choose to access a third-party website linked to from this Website, it is at your own risk. We will not be liable for any loss or damage that may arise from your use of them.

We have no control over the contents of those sites or resources.

9. Warranties

You hereby agree that to the maximum extent possible at law, LUXEL VILLAS, our holdings, affiliates, business partners, agents, contractors, sub-contractors and service providers make no warranties, express or implied, guarantees or conditions with respect to your use of our Website. You understand that use of our Website is at your own risk and that the design and availability of the Website is on an “AS IS” basis and “AS AVAILABLE”.

While all reasonable care is taken, we do not guarantee the accuracy, completeness or timeliness of information available on our Website. To the extent possible under law, we exclude any express or implied warranties, including without limitation for performance, merchantability, satisfactory quality, fitness for a particular purpose and non-infringement of third-party intellectual rights.

The content on the Website should only be used for your general information and use and not by way of specific recommendation or advice.

Before taking any action or decision based in whole or in part on our content, you should always make your own independent checks of any information that is important in making such decision or taking such action. You should also seek professional advice in appropriate circumstances such as on investment, tax, financial, legal and other professional matters.

You acknowledge and accept that computer and telecommunications systems are not fault-free and may be interrupted and periods of downtime occur. You also acknowledge that we do not warrant against interference with your use of the Website or that services provided by the Website will meet your requirements and/or achieve the intended results, or that the Website will be compatible or work with any third-party software, browsers, applications or third-party services.

We do not guarantee that your use of the Website will be uninterrupted, timely, secure or error-free or that content loss will not occur, nor do we guarantee any connection to or transmission from computer networks.

You also acknowledge and unconditionally accept the risk that the use of the Website may affect the usability of third-party software or applications, and that the entire risk as to their quality and performance lies solely with you.

No oral or written information or advice that may be furnished by us or any of our authorized representatives, re-sellers or distributors shall, under any circumstance, be construed as a departure or deviation from the above disclaimers.

10. Limitation of Liability

Whether you are a consumer or a business user:

We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury directly caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.

You agree to indemnify us against all costs, claims, proceedings, demands, losses, damages, expenses or liability whatsoever arising directly or indirectly as a result of any breach of the Terms by you and any negligence or breach of duty by you.

If you are a business user:

We exclude all implied conditions, warranties, representations or other terms that may apply to the Website, or any information or content on them, save if and to the extent that they may not lawfully be excluded.

LUXEL VILLAS, our holdings, affiliates, business partners, agents, contractors, sub-contractors and service providers will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable arising under or in connection with:

• use of, or inability to use, the Website;
• use of or reliance on any information or content displayed on the Website

In particular, none of these persons shall be liable for any consequential, incidental or punitive damages, including without limitation:

• loss of profits, sales, business, or revenue;
• business interruption;
• loss of anticipated savings;
• loss of business opportunity, goodwill or reputation; or
• any other indirect or consequential loss or damage.

11. We Are Not Responsible for Viruses and You Must Not Introduce Them

We do not guarantee that our Website will be secure or free from bugs, viruses or other malicious programs.

You are responsible for configuring your information technology, computer programs and platform to access our Website. You should use your own virus protection software.

You must not misuse our Website by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorized access to our Website, the server on which our Website is stored or any server, computer or database connected to our Website. You must not attack our Website via a denial-of-service attack or a distributed denial-of service attack.

Further, you may not

• use any robot, spider, scraper, or other automated means to access the Website for any purpose; and
• harvest or otherwise collect user information which is found on the Website.

We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Website will cease immediately.

12. Rules About Linking to Our Website

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take (or attempt to take) advantage of it, whether willfully or otherwise.

You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

You must not establish a link to our site in any website that is not owned by you.

Our Website must not be framed on any other site, nor may you create a link to any part of our Website other than the home page.

We reserve the right to withdraw linking permission without notice.

If you wish to link to or make any use of content on our Website other than that set out above, please contact us at +971 50 728 5750.

13. Enforceability

In case any term or condition of these Terms of Use is rendered /declared inapplicable, this will not affect the application and/or enforceability of the other terms and conditions.

14. Law Applicable to Disputes

These Terms, their subject matter and their formation are governed by Cyprus law. You hereby agree that the courts of the Republic of Cyprus shall have exclusive jurisdiction.

15. Our Intellectual Property Rights

You are not permitted to use our intellectual property rights without our express prior approval, unless they form part of material that you are using as permitted under ‘How You May Use Material on Our Website’ (as set out in Section 6 above).

Personal Data Privacy Policy

We take the privacy of your personal data very seriously. Preserving the priceless value of this data and your ability to control it is of the utmost importance to us. Because of this, we want to be transparent about what data we collect, how we collect it, and how we process it to ensure that you are sufficiently informed on its usage so you can make the right choices in all our services and provisions.

We work to gain your trust on a daily basis, around five key areas of collection and usage of personal data:

Control: We provide you with absolute control of processing your personal data in a direct way and with clear choices.

Transparency: Our procedures for the collection and processing of data are completely transparent in order for you to make informed choices.

Legal protection: We comply with all applicable laws and regulations and we treat the legal protection of your personal data as a fundamental human right.

Safety: We protect the data that you trust us with, in the best possible way.

Personalized experience: Personal data collection helps us serve you in a personalize way, by providing you with information, products, provisions and services tailored to your needs and wishes in order to make your experience as good as possible.

In this effort, your contribution is particularly valuable: If you notice something that does not work as expected with regard to the protection of your personal data, please contact us by using the contact information at the end of this policy.

Purpose of the Personal Data Privacy Policy

This Policy explains what kind of personal data we collect from you through our interaction with you, and how we save and process this data.

Personal data we collect

We collect your personal data in order to provide you with personalized services and communication and to provide you with the best possible interaction with us. Some of these data are provided directly from you, such as, for example, when you roam on our website, when you subscribe to our contact list, when you enter in a contract with us or when you contact us for information.

We also collect some data by recording how you interact with our products and services, by using cookies (more on that may be found below). 
We also collect data from third parties, which we protect under this Policy, as well as possible additional restrictions imposed by the provider of these data. These providers may differ over time, but may include the following:

Social networks provided you have granted access to your data located on these networks.

Service providers who help us specify your location based on the IP address.

Widely available data sources, such as free state databases or other free-to-use data.

When we ask you to provide us with your personal data, you have the following two options:

1. To accept
2. To refuse

Under this feature, if you choose not to provide the information necessary for the provision of a service, you will not be able to use it.

The data we collect depends on the general context of your interaction with us, the options you make, including the settings for the protection of your personal data, as well as the services and features that you use. The data we collect may include the following:

Name and contact details:

• Name
• Last name
• Date of birth
• Mobile phone number
• Email and other similar contact information

Tax Information:

• Company name
• Registered office
• VAT number
• Credit/Debit Card Details

Identification Details:

• Passwords and/or similar information used for the safety of your account
• Passport/National ID/Driver’s Licence
• Demographic data:
• Date of birth
• Country/city/region

Preferences/Interests:

• Language
• Favourite products
• Purchasing habits, as well as your interests and favourites that can be deduced or derived from other data we collect

Device and usage data:

In case you browse in our website, we collect data related with your device and the way you interact with us and our products. For example, we collect data regarding the features you use, information of the products you buy, and your browsing on our website. This data includes your commands and interactions through text and other systems we have. This data also includes the settings you choose and the software configuration you use most.

Contacts and Relationships:

Information you provide us regarding your relationships with other registered users of our services.

Location data:

To improve our services with location features, we collect location data of varying degrees of precision. The accurate location data can be data from the Global Navigation Satellite System (GNSS) (e.g. GPS), as well as data from nearby cellphone antennas and Wi-Fi hotspots that we collect when you activate products or features based on location. Inaccurate location data includes the locations resulting from your IP address, data indicating less precisely where you are, such as city or postal code, etc.

Video:

If you visit the offices, or other facilities of the companies associated with LUXELVILLAS or attend any of their events, your image may be recorded by our security cameras.

We also collect the information you provide us and the content of the messages you send to us, such as your comments and reviews about our products or services, or questions and information you provide to our customer service department. Telephone conversations or chat sessions with our representatives may be recorded.

How we use your personal data

LUXEL VILLAS and its associated companies use your data to conduct their business activities, fulfil their contractual obligations and to provide products and services which require the use of personal data, in order to improve and personalize your experience and your interaction with them. Additionally, we may use your data to communicate with you, inform about your account, product information, and more. We do not use the content of emails, conversations, video calls, or your documents, photos or other personal files for targeted advertising.

Communications:

We use your data to communicate with you and to personalize and/or personify this communication. For example, we may contact you by phone or email or by other means of communication to let you know about available security updates, invite you to participate in a survey or event, or to inform you that you need to take certain action in order to keep your account updated. In addition, you can subscribe to our contact list, in order to receive our newsletters and choose whether you want to and how to receive messages and promotional material.

Why we share your personal data:

We share your personal data with your consent or as required to complete any transaction or contractual obligation or to provide any product or service you have requested. For example, we share your data with banks and other institutions which process payment transactions or provide other financial services, when you provide us with, for the payment of a transaction and/or a contractual obligation and/or a service and/or a product, for fraud prevention and to mitigate any credit risk.

In addition, we share your personal information with the Website Owner – associated companies. We also share personal data with our suppliers or external associates, who work on our behalf for the purposes described in this policy, such as companies we have employed for the provision of customer support services or for system protection and to ensure the quality of our services.

In these cases, the companies comply with our company’s Personal Data Privacy Policy and the security requirements we have set, and they do not use the personal data they receive from us for any other purpose. In the context of a corporate transaction, as for example, a merger, we may disclose your personal data.

Finally, we may gain access, transfer, disclose and save your personal data when we believe in good faith that this is necessary for:

1. Compliance with applicable law or to respond to any valid legal procedure,

2. Your and our other customer protection, such as for the avoidance of junk mail, attempt to defraud our website users, or to prevent life loss or the possibility of serious injury, and

3. The protection of the rights or the property of the Website Owner’s members, including the enforcement of the terms governing the use of services. However, if there are reasonable grounds for believing that a registered user is using our services to distribute stolen intellectual or material property of the Website Owner’s members, we will not inspect the private content of that user on our own but we will refer the matter to the appropriate authorities.

Websites and services of third parties:

Periodically, we may use third party services in order to efficiently run some of the processes required to operate the site. The providers of such services have access to certain personal data which are provided by the users of this website.

Any data used by third parties are used only to the extent necessary to perform the services we request. Any use for other purposes is strictly forbidden. In addition, any data processed by third parties will be processed in accordance with the terms of this Personal Data Privacy Policy.

Links to other websites:

Periodically, the Website Owner’s website may provide links to other websites. We have no control over such websites and we do not bear any responsibility for their content and data collection practices. This privacy policy does not extend to the use of such websites by you. We recommend that you read the privacy policy of the other websites before using them.

Alterations of the ownership and control of the company:

From time to time, the Website Owner and its associated companies may expand or reduce their activities and this may result to the sale and/or transfer of their control in whole or in part. The data provided to the Website Owner will be transferred, together with the part relating to any part of the transferred companies, and in accordance with the terms of this Personal Data Privacy Policy, the new owner or the new controlling party will be permitted to use the data for the purposes for which we were originally given.

We may disclose data to a prospective purchaser of the company or any department thereof.

In the above cases, we will take measures to ensure the protection of your privacy.

Your Rights

You may find below a list of your legal rights insofar as your personal data are concerned. Please note that some of these rights may not be applicable to your situation.

• You have the right to gain access to the personal data that we hold about you.
• You have the right of rectification, that is, to request the correction, without undue delay, of any personal data that we hold about you and are either inaccurate or incomplete.
• You have the right to obtain the erasure of your personal data, without undue delay, provided, amongst others, the personal data in question are no longer necessary in relation to the purposes for which they were collected.
• You have the right to restrict our processing activities or to object to the processing of your personal data.
• You have the right to data portability, that is, to request from us that we send your personal data in a structured, commonly used and machine-readable format, and to transmit those data to another controller.
• If we rely on your consent as our legal basis for the processing of your personal data, you have the right to withdraw that consent at any time.

If you wish to exercise any of your above-mentioned rights or have any questions or comments with regard to this Privacy Policy, you may contact us by using the contact information at the end of this policy.

We will respond to requests to access or delete your personal data within 30 days.

Your communication preferences:

You can choose whether you want to receive promotional material from the Website Owner and its associated companies via SMS, Messaging services, Phone or other available means of communication. If you wish, you can be excluded from our contact list at any time by following the instructions contained in the messages you receive, or by getting on touch with us using the contact information at the end of this policy.

Additionally, you may configure your options regarding the receiving of messages through your personal account. These options do not apply to the mandatory service announcements that constitute part of certain of the Website Owner’s services or for the performance of surveys or other informational announcements that have their own subscription cancellation method.

Monitoring according to the browser application

The Website Owner’s website, uses cookies (small text files that are placed to your devices) and similar technologies for web location, e-services and data collection purposes. This website can install and access certain cookies on your computer. Cookies identify your devices in a unique way, but they may also provide other information. The Website Owner has carefully selected these cookies, which do not have access to your computer’s documents and files and has taken steps to ensure that your personal data is as protected as possible.

Use of cookies and similar technologies

Cookies and similar technologies are used for various purposes, such as:

• Saving of your preferences and settings: Your device may save settings that allow our programs to work properly or maintain your preferences over time. We save preferences, such as your contact language, address, etc., so you do not have to import them every time you return to the website. If you choose to be excluded from interest-based promotions, we will save your preference to be excluded in a cookie on your device.
• Safety: We use cookies to detect frauds and possible abuse of our website and our services.
• Saving of the information you provide to a website: When you provide information on the website, we store the data in a cookie to improve your browsing.
• Social media: Our website may include cookies through social media, including those that allow the users who connect to the service of the social media, to share the content through this service.
• Comments: We use cookies that allow you to comment on a website.
• Interest-based promotions: cookies are used to collect data about your website activity and identify your interests, in order to provide you with offers and privileges that interest you. You can be excluded from receiving interest-based promotions at any time.
• Analysis: In order to evaluate our products and services, we use cookies and other identifiers to collect usage and performance data, such as, for example, to count the number of unique visitors to our website and to develop statistical data. This includes cookies from the Website Owner and other associated companies, as well as third-party analysis service providers.
• Performance: we use cookies to balance the load, in order to ensure the correct and continuous operation of the websites.

Cookies

Upon visiting our website, a message will appear asking for your consent in order to keep the cookies used active. By giving your consent to the placement of cookies, you allow the Website Owner and its associated companies to provide you with better experiences and services. If you wish, you may reject the installation of cookies from that moment on. However, certain features of the website may not fully work or work as intended.

This website may install the following generic cookie types:

Furthermore, this website may install the following specific cookies (but not limited to):

Controlling cookies:

Most browsing applications accept cookies automatically but at the same time provide control options that allow you to block or delete them. Through your device’s settings, you have the ability to receive a warning about the use of cookies on specific services, or even not to accept cookies.

Some features of the services provided through the website, depend on cookies. If you choose to block the cookies, you may lose the ability to sign in or use some of these services as well as your preferences which rely on cookies.

Monitoring Protection: By using Internet Browser Options that exclude the content of third-parties, including cookies from any website, you limit the information that the specific third-party websites can collect from you.

You can enable or disable cookies on your web browser application. Most Internet browser applications accept cookies by default, but this can be adjusted. For more details, please consult the Help section of your web browser application.

You can choose to delete cookies at any time. However, you may lose any information that allows you to have quicker and more effective access to the website, including, but not limited to, personalization settings.

It is recommended that you make sure that your internet browser application is updated and consult its help section and instructions provided by your internet browser application developer if you are not sure how to customize your privacy settings.

Where we save and process personal data

Your collected personal data is saved and processed in Cyprus or in any other country or region in which the Website Owner and its associated companies, affiliated companies, subsidiaries or service providers are operating.

We take measures to ensure that the data we collect under this Personal Data Privacy Policy is processed in accordance with the provisions of this Policy and the requirements of the European General Data Protection Regulation (GDPR).

Preservation of personal data by us:

Your personal data is preserved for two years, for the provision of products and services and the processing of transactions you have requested or for as long as required by law for other essential purposes such as the compliance with our legal or tax obligations, resolving disputes and enforcing our contracts. Within the context of these various operations, preservation time may vary considerably.

Changes to this Personal Data Privacy Policy

• This Personal Data Privacy Policy may vary from time to time, reflecting the needs of our customers and our promise of maximum protection and transparency regarding their personal data.
• We will update this Personal Data Privacy Policy whenever necessary by modifying the “last updated” date indicated at the beginning of the Personal Data Privacy Policy.

Unless otherwise stated, the companies associated with the Website Owner are responsible for saving and processing of the personal data collected through the services under this policy.

Contact Information

If you have any concerns, complains or questions regarding our practices around the protection of personal data, please get in touch with us via our contact information found in the footer below. We will respond to questions or concerns within 30 days.

In addition to the above, you also have the right to lodge a complaint to the Office of the Commissioner for Personal Data Protection in Cyprus, at the following postal and email address:

1 Iasonos str., 1082 Nicosia 
P.O.Box 23378, 1682 Nicosia 
Tel: +357 22818456 
Fax: +357 22304565 
Email: [email protected]