Last Updated: 02 November 2020
Welcome to Lune (Lune), operated by “Lune Technologies Ltd.” registered under registration number CL3849, having its address at Unit 208, 209 l Level 1 – Gate Avenue, South Zone, Dubai International Financial Centre, PO Box 507211, United Arab Emirates.
By visiting Our website www.lune.ae. (Website), and/or purchasing any service from Lune’s mobile application (App, and collectively the App and Website, the Products), You engage and agree to be bound by the Terms. The Terms apply to all the users of the Website, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content. All capitalized terms have the meanings given to them in these Terms, unless otherwise indicated.
Please read the Terms carefully before accessing or using the Services. If You do not agree to all the Terms of this Agreement, then You may not access the Website, the App or use any of its Services.
When You agree to these Terms and accept this Agreement, You do so on behalf of Yourself and any person that You entitle or authorize to use Lune’s account (with You, each a User of Your Lune’s account) to the extent provided in these Terms. You are responsible for obtaining all consents and authorizations needed to accept this Agreement for others.
We reserve the right to update, change or replace any part of the Terms by posting updates and/or changes to the Website. It is Your responsibility to check the Terms periodically for changes. Your continued use of or access to the Website following the posting of any changes constitutes acceptance of those changes.
Using the Service on Behalf of Another
If You use the Services on behalf of another, whether a natural person (Individual) or legal non-natural person or entity (Organization), You represent and warrant that You (1) are duly authorized and empowered by and for that Individual or Organization to agree to these Terms and accept this Agreement on behalf of the Individual or Organization, and (2) do accept this Agreement on behalf of the Individual or Organization; unless the Individual or Organization has a separate paid contract with Lune, in which event the terms of that separate paid contract will control. You also represent and warrant that You are duly authorized and empowered to use the Services on behalf of the Individual or Organization.
The Service Description
Lune is a savings and payments mobile application that helps you take control of your finances. The Products operate under the name of Lune, which is an online platform and a mobile application providing two services (Services):
Lune Groups: Lune Groups connects You directly with other Lune’s users (Users) to share money amongst each other through digital Social Savings Groups (Groups). Money is shared by and between all Users who have joined a Group. Within a Group, every member contributes the same amount in instalments over the lifetime of the Group, and every member of a Group withdraws the same amount but at different times. All instalment payments are distributed to one member of the Group at the same time that the instalment payments are made including any transaction fees that their respective banks may charge for each transfer that Users make through the Platform. Groups may be formed by any User who is then defined as the “Group Admin”. A User forming a Group determines the four key characteristics of the Group: (1) the amount to be shared by each User who joins the Group, (2) the lifetime of the Group: how long the Group will go on, (3) how many Users there are in the Group and (4) the start date of the Group.
Lune Send: Lune Send helps You send funds directly to other Users from the sender’s bank account to the recipient’s bank account through the App (Lune Send). Lune reserves the right to, from time to time: update the Services; and/or make new applications, tools, features or functionalities available through the Services, the use of which may be contingent upon Your agreement to additional Terms and/or Service fees. Lune reserves the right to discontinue the Services, or certain applications, tools, features or functionalities of the Service, for any reason at any time, in Lune’s sole discretion, without any liability to You.
What You Represent
You represent and warrant that: (a) all Users are at least 21 years of age; (b) You have not previously been suspended or removed from the Services; and (c) You will provide any and all documentation as requested by Lune, included as needed to verify identity and creditworthiness. You understand and agree that persons under the age of 21 years are not eligible to and may not use the Service without parental supervision. You also agree to represent yourself honestly, that all of the information You provide is true, correct, and current, to the best of your knowledge, and that You have the necessary rights, power and authority, to agree to these terms and to perform the acts required of You by this Agreement.
Use of the Products
By using the Products either by visiting the Website and/or purchasing any Service and/or offering any Services through the App and the Website You represent that You are at least the age of majority in Your country of residence and You have given Us Your consent to allow any of Your minor dependents to use the App and the Website, and You agree that:
You will not use Our Services for any illegal or unauthorized purpose nor may You, in the use of the Services, violate any laws in Your jurisdiction (including but not limited to copyright laws).
You will not transmit any worms or viruses or any code of a destructive nature.
You will not reproduce, duplicate, copy, sell, resell or exploit any portion, use, or access to the Service or any contact on the Products, without Our prior express written permission.
A breach or violation of any of these Terms will result in an immediate termination of Your Lune Account.
User Account Creation and Login Credentials
To use the Services, You may be required to enroll as a User and create an account (Lune Account). To enroll as a User, You will be required to provide Us with information about Yourself, including but not limited to Your name, address, email address, phone number and other contact or identifying information, and about Your Organization or Individual, as appropriate. You agree that the information You provide to Us will be accurate and that You will keep it up-to-date at all times. Users are solely responsible for maintaining the confidentiality of their login credentials (Login Credentials), and to the extent allowed by law, You accept responsibility for all activities on Your account authenticated through User Login Credentials, whether authorized or not. Each User agrees to keep Login Credentials confidential and secure, and Users will not give or make Login Credentials available, directly or indirectly, to any unauthorized individual. You acknowledge and agree that if Users allow, whether through action or inaction, a person to gain access to Login Credentials, with or without permission, the User is authorizing that person to use the Services, and You will be responsible for all transactions that result from such access, even if You did not want the transactions performed, and even if they are unauthorized or fraudulent.
Commercially Reasonable Security Procedures. You acknowledge and agree that Our security procedures are a commercially reasonable method of verifying Your identity and payment instructions, providing security against unauthorized payment instructions and fraud, and protecting Your Lune account.
Lost, Stolen or Compromised Account or Login Credentials. You agree to immediately notify Lune’s customer support through e-mail: firstname.lastname@example.org if You believe that Your Lune Account has been: compromised or accessed without authorization, Login Credentials lost, stolen or compromised, or that someone has attempted or may attempt to make or request payments through Your Lune Account without authorization.
To the extent allowed by law: You agree to be bound by all payment instructions or transactions initiated in compliance with Lune’s security procedures and this Agreement, whether or not authorized. You agree that You will be liable for all losses or payments resulting from the theft, loss, compromise, or unauthorized use of Your account or Login Credentials, unless (1) You have notified Lune of possible theft, loss, compromise or unauthorized use, and (2) We have had a reasonable opportunity to act on that notice. You will also be responsible for any losses or unauthorized payments resulting from any fraudulent or illegal compromise of Your systems. You agree that You will be responsible and liable for payments or transfers containing inaccurate instructions or other errors, unless limited by law. Upon Your timely report, We may, in Our sole discretion, use good faith measures to attempt to reverse and recover any unauthorized or erroneous payments or transfers on Your behalf, but Lune will have no responsibility, obligation, or liability in relation to such payments or transfers or any reversal or recovery attempts.
Access through Third Party Platforms. If Users choose to access Your account through a third party platform, You are making a determination that the third party platform and its login protocol are sufficiently secure to protect Login Credentials and Your Lune’s Account, and You accept full responsibility and liability if access through the third party platform leads to the compromise of Login Credentials or Your Lune’s Account.
Intellectual Property and License We Grant to You
Subject to this Agreement, including payment of all Service Fees, Lune grants You a personal, limited, non-exclusive, non-assignable, non-transferable and non-sub-licensable license to access and use the Services, including without limitation the software that enables the Services, together with any updates, bug fixes, help content, and other related materials that Lune provides to You (collectively, the Software), solely for Your own use for so long as You are authorized to use the Services. You acknowledge and agree that if You are in violation of this Agreement, Lune may, in its sole discretion and without notice to You, immediately suspend or terminate Your license and/or access to the Services.
Intellectual Property. These Products contain material which is owned by or licensed to Lune. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these Terms. Though these Products you may have access to purchase the Services. Lune authorizes you to purchase the Services solely for your personal, non-commercial use. This license to use the Products and its material including the Services is not a sale of any of the owner’s rights. The Products may be used only by You, and You may not rent, lease, lend, sub-license or transfer the Products or any data residing on it or any of Your rights under these Terms to anyone else. You may not develop or derive for commercial sale any data in machine-readable or other form that incorporates or uses any substantial part of the Products. You may not transfer to or store any data residing or exchanged over the Products to any electronic network for use by more than one user unless You obtain prior written permission from Lune. Except as otherwise expressly provided, You shall not sell, modify, reproduce, copy, display, perform, distribute, transfer, use, publish, license or create derivate works from any content contained in the Products. The use of the Products content on any other Product or in a networked computer environment for any purpose is prohibited. You shall not copy or adapt the coding that Lune creates to generate its pages. You shall not upload, post or otherwise make available through the Products any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right. Lune does not have any express burden or responsibility to provide You with indications, markings or anything else that may aid You in determining whether the material in question is copyrighted or trademarked. You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights or any other harm resulting from such a submission. You acknowledge and agree that Lune is the owner of all rights, title and interest, including the Intellectual Property Rights (as defined below), to the Services and the Products. You hereby warrant that no information submitted to Lune by You, including any customizations requested on products, shall violate any Intellectual Property Right of any third party. For the purpose of the Agreements, Intellectual Property Rights shall mean any and all of the following: (a) rights associated with works of authorship throughout the universe, including but not limited to copyrights, moral rights, and mask-works; (b) trademark and trade name rights and similar rights; (c) trade secret rights; (d) patents, designs, algorithms and other industrial property rights; (e) all other intellectual and industrial property rights (of every kind and nature throughout the universe and however designated). Lune and other names, trademarks, trade names, service marks, logos, symbols or other source identifiers identified on the Website/Application or used by Lune, in addition to other marks not listed herein, are registered service marks. You may not use any of Lune’s trademarks for any purpose without the express written permission of Lune. Other names, trademarks, trade names, service marks, logos, symbols or other source identifiers identified through the Products may be owned by a third-party. The use through the Products of any name, trade name, trademark, service mark, design, logo, symbol or other proprietary designation or marking of or belonging to a third party, and the availability of products or services from such third parties, shall not be construed as an endorsement, sponsorship or recommendation of the Products or Services provided by Lune by any such third party, or the participation by such third parties in the offering of products or services through the Products. Lune respects the Intellectual Property Rights of others. You are not permitted to: (a) remove any proprietary notices, labels, or marks on any component of the Services (or the Products generally), whether physically, in compiled machine language, or in the Source Code or (b) sublicense, assign, delegate or otherwise transfer this license or an of the related rights or obligations for any reason without the prior written consent of Lune (any attempt to sublicense, assign, delegate or transfer this license, either by contract, statute, corporate merger of any sort, regulation or court order, without the prior written consent of Lune shall be voidable at Lune’s sole and absolute discretion). Failure to comply with these restrictions will result in automatic termination of any rights provided to You under this Agreement. You agree to indemnify and hold Us harmless for all liability, fees, and costs resulting from any third party's claim that information you submitted to Us or customizations requested on products violate their Intellectual Property Rights.
Reservation of Rights by Lune. Lune reserves and retains all rights in the Services not expressly granted to You in this Agreement. The Software is protected by copyright, trade secret, and other intellectual property laws. Lune and its licensors, if any, own the title, copyright, and other worldwide intellectual property rights in the Services and all copies thereof. This Agreement does not give You any rights in Lune’s or its licensors’ intellectual property, including its trademarks or service marks.
Restrictions on Use
Under this Agreement, you confirm that you will not use the Services in connection with the following businesses or business activities. The following list is representative but not exhaustive and We reserve the right to amend it from time to time:
Service for Authorized and Lawful Purposes Only. You agree that You will use the Service only as permitted by applicable law and exclusively for authorized purposes, consistent with this Agreement. You will not, and You will not allow any third party, to:
No Assignment or Transfer. You may not assign or transfer the Agreement, in whole or in part, without Lune’s written consent. Any attempted assignment or transfer in violation of this Section or this Agreement will be null and void. Lune may assign its rights or delegate its obligations hereunder without Your consent. Subject to these restrictions, the Agreement will inure to the benefit of the successors and permitted assigns of the parties.
No Marketing. If Lune provides You with information about another user of the Services, You acknowledge and agree that You will not use the information for any purpose other than the purpose for which the information is provided to You. You may not disclose, sell, rent, or distribute another user’s information for any purpose unrelated to Your use of the Services. You may not use the information for marketing purposes, unless You separately obtain the appropriate consent of the specific user to do so.
Rights You Grant to Us
Right to Refuse to Make Payment. You grant to Us and Lune reserves the right to limit or to refuse to make, process or issue any transaction initiated or requested through the Service, in Our reasonable discretion, without any liability to You. Lune will use commercially reasonable efforts to provide notice promptly if We decide to limit or to refuse to make, process or issue a payment or request. This notification is not required if the payment is prohibited by law or this Agreement.
Account Termination. Lune reserves the right to suspend or terminate Your account or Your access to the Services at any time, for any reason (including for a violation of this Agreement, the failure to pay applicable Service Fees, or inactivity), in Our reasonable discretion, without any liability to You. If We suspend or terminate Your account or access to the Services, We will use commercially reasonable efforts to provide notice to You, but will not be required to do so.
Feedback. If You provide any feedback to Lune concerning the functionality and performance of the Services (including by identifying potential errors and improvements), You agree to assign to Lune all rights, title, and interest in and to such feedback, and Lune is free to use such feedback without payment or restriction.
Anti-Money Laundering and Know Your Customer Requirements
Laws and regulations require financial institutions, including money services businesses, to obtain, verify, and record information that identifies every customer. What this means for You: When You use the Services, We will ask You for Your first name, Your middle name, Your last name, Your mobile number, Your email address and Your date of birth and other information that will allow Us to identify You. We will let You know if additional information is required.
Verification Required. We reserve the right to refuse to allow any User to use or participate in the Services if We are unable to obtain or verify information relating to identity or financial condition, such as identifying information for an Organization’s representatives or beneficial owners. Notwithstanding any steps that We take to verify the information provided to Us, You represent and warrant that all information You provide is complete, truthful, accurate, and up-to-date.
Review of Accounts and Payments. You grant to Us and Lune reserves the right to review or place on hold any Lune Account or any payment requested through the Services for any reason, including but not limited to compliance with applicable laws, such as anti-money laundering regulations. In Our sole discretion, Lune may place a hold on a Lune Account, a User, an Organization or Individual, or any related facts or circumstances. Depending on the results of this review, Lune reserves the right to take any appropriate action, pending instructions from a government agency.
Reports. You acknowledge that We may make appropriate reports regarding payments made through the Services, including but not limited to financial institutions, regulators, tax agencies and law enforcement authorities, as required or permitted by law, and WE WILL COOPERATE WITH THE APPROPRIATE AUTHORITIES IN ANY RESULTING INVESTIGATION OR PROSECUTION.
Reviewing Transactions. Lune reviews User transactions on several occasions to check, among other things, any suspicious or illegal activity, and whether Your Account and the activity of Users with whom you have transacted comply with this Agreement. In connection with Our review process, you may be required to provide Us with additional information and/or documentation to verify your identity. We may limit Your Account and Your transactions until verification is completed. Our account reviews may result in: (a) delayed, blocked or cancelled transfers, (b) account limitation, (c) account or transaction holds; and/or (d) account termination. We may among other reasons take these actions if You knowingly or unknowingly were a participant in a payment that was made from a compromised bank account or a compromised Lune Account.
Invalidations. As a recipient of a payment that is later invalidated by the respective bank (whether the recipient’s bank or the sender’s bank) for any reason, You may be liable to Lune for the full amount of the payment and We may recover the amount of the payment (and all costs and expenses that We may have incurred as a result of such invalidation) from You. When recovering the amount of an invalidated payment from You, We may place a limitation or take other action on Your Lune Account as outlined in this agreement.
Holds and Account Limitations. In order to protect the security of our Users, We may in our sole discretion take account-level or transaction-level actions under certain circumstances. Our decision about holds and limitations may be based on confidential criteria. In addition, We may be restricted by a governmental authority from disclosing certain information to you about such decisions. We have no obligation to disclose the details of Our risk management or security procedures to You.
Holds. A hold is an action that Lune may take under certain circumstances either at the transaction level or the Lune Account level. We review many factors before placing a hold on a transaction, including Lune Account tenure, transaction activity, and any past disputes. We may place a hold on transactions involving your Lune Account if, in Our sole discretion, We believe that there may be a high level of risk associated with You, Your Lune Account, or Your transactions or that placing such a hold is necessary to comply with legal requirements.
No Monitoring. You agree that the Services cannot guarantee the accuracy of information entered by Users. You acknowledge and agree that Lune has no responsibility to monitor or police Your use of the Services, including but not limited to communications, information or data transmitted through the Services, such as User Data, and Lune will not be responsible for the content of any such communications, data or transmissions. However, Lune reserves the right, at all times, to review, retain and disclose any such information as necessary to ensure compliance with this Agreement or as required or permitted by law.
Fees and Payment Terms
IN THE EVENT THAT A USER CANCELS OR SUSPENDS THEIR RESPECTIVE MEMBERSHIP, ACCESS TO THE GROUP WILL AUTOMATICALLY BE SUSPENDED TO ALL GROUP MEMBERS. THE MEMBER MUST RE-INITATE THE SUBSCRIPTION IN ORDER TO ACCESS THE GROUP. You agree to immediately notify Lune of any changes in your bank account and/or credit or debit card used for payment hereunder. Failure to contribute funds to a Group at the time and in the amounts that a User agreed to do will subject a User to limited or restricted access to the Service, including preclusion of joining more Groups or receiving shared funds distributions from any Groups that User has previously joined. A User’s failure to meet his or her Group contribution commitments for more than ten (10) calendar days past the original due date will entitle the Service to restrict the user’s access to the Service.
Service Fees. Access to the Services, or to certain features of the Services, may require You to pay certain fees (individually and collectively, Service Fees), including but not limited to transaction fees, payment processing fees, and other special services fees. You agree to pay when due all Service Fees applicable to Your use of the Services. You agree that You are responsible for the full amount of applicable Service Fees for each billing cycle in which You use the Services or maintain a Lune Account, even if You don’t use the Services during the billing cycle or use the Service for only a portion of the billing cycle. Lune reserves the right to cancel Your Lune’s account if Your account is not in good standing or has any overdue Service Fees.
Subscription Fees. Lune Send is free of charge. There are four tiers of Lune Groups subscriptions: the Basic Subscription, the Silver Subscription, the Gold Subscription and the Platinum Subscription. Each subscription allows users to create and/or participate in groups up to a specific monthly contribution value. The Basic Subscription allows users to create and/or participate in one group up to a monthly contribution of AED 500 and is not subject to any fees. The Silver Subscription allows users to create and/or participate in groups up to a monthly contribution of AED1,000 and is subject to a monthly fee of AED 14.99. The Gold Subscription allows users to create and/or participate in groups up to a monthly contribution of AED5,000 and is subject to a monthly fee of AED 24.99. The Platinum Subscription allows users to create and/or participate in groups up to a monthly contribution of AED10,000 and is subject to a monthly fee of AED 34.99
Changes to Service Fees. Lune reserves the right to change the Service Fees from time to time, in its sole discretion. Lune will provide advanced notice of any material increase of a change in Service Fees. If the increase in Service Fees is not acceptable, Your sole and exclusive remedy will be to stop using the Services and/or cancel Your Lune Account, as applicable. By continuing to use the Services after notice of the new Service Fees, You accept all changes in Service Fees. All Service Fees are non-refundable, except in the sole discretion of Lune.
Payment of Service Fees. Lune Send is free of charge. Users may however be required to pay a transaction fee that their respective bank may charge for each transfer that Users make through the Platform. Lune has no control over the bank transfer fees and disclaims any and all liability in this regard.
Transfers and Payment Requests. You understand and acknowledge that each action relating to a payment transfer is subject to the approval of the respective bank and that Lune shall not be responsible or liable for any transaction that is declined by any respective bank or financial institution. In order to make a payment transfer through Lune, senders might be required to verify the transfer that they would like to initiate by a one-time password (OTP), answering a security question, or filling out a CAPTCHA or any other verification procedure as may be required by the bank. In case of a payment transfer to a new beneficiary through the Platform, Lune will process the addition of the new beneficiary on behalf of the sender. However, the addition of a new beneficiary and the transfer will be subject to a security check by the sender’s respective bank. This might entail a ‘cool down period’ whereby transfers can only be initiated to recipients after this period has lapsed. By accepting our Terms and Conditions, each User acknowledges that once a transfer has been completed (even if it is an accidental transfer, or if the User were defrauded), Lune cannot reverse the transfer. By accepting Our Terms, each User hereby expressly consents to Lune (i) submitting a request to their respective banks to add a new beneficiary on behalf of the User as per the User’s instructions; (ii) accessing their bank account; (iii) transferring payments from and/or to their bank accounts as per the User’s instructions; and (iv) initiating any other actions required under these Terms for the provision of the Platform Services on behalf of the Users.
Deactivating a User or Cancelling Your Account
Your Right to Cancel. You cannot request to deactivate Your Lune Account or cancel Your account at any time if You are a member of an active Group and you have already paid the Subscription Fees. Lune reserves the right to require up to 60 days prior notice of cancellation or User deactivation. In case You are not a member of an active Group, You may request to deactivate Your Lune Account by e-mail at email@example.com and You will be charged for the remaining Subscription Fees. Your request to deactivate a User or to cancel Your Lune Account will be effective on the date the request is processed or the date on which the last approved Lune payment is posted and completed whichever is later. You will be responsible for all Service Fees that accrue up to the effective date of cancellation.
Warranty and Disclaimer
THE SERVICES ARE PROVIDED "AS-IS" WITHOUT ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. YOU ASSUME ALL RISK AS TO THE RESULTS AND PERFORMANCE OF THE SERVICES AND YOUR DEALING WITH ANY OTHER SERVICE USER. LUNE DOES NOT WARRANT THAT THE SERVICE IS COMPLETELY SECURE OR IS FREE FROM BUGS, INTERRUPTIONS, ERRORS, OR OTHER PROGRAM LIMITATIONS, OR THAT ALL ERRORS WILL BE CORRECTED. LUNE FURTHER DISCLAIMS ANY AND ALL WARRANTIES ARISING FROM THE COURSE OF DEALING OR USAGE OF TRADE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM LUNE OR ELSEWHERE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. YOU UNDERSTAND AND AGREE THAT YOU USE THE SERVICES, AND USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN MATERIALS OR CONTENT THROUGH THE SERVICES AND ANY ASSOCIATED SITES OR SERVICES, AT YOUR OWN DISCRETION AND RISK, AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE SERVICES), OR THE LOSS OF DATA THAT RESULTS FROM THE USE OF THE SERVICES OR THE DOWNLOAD OR USE OF THAT MATERIAL OR CONTENT.
Third-Party Services, Websites, and Products
Through the Services, You may access to third-party websites, databases, networks, servers, information, software, programs, systems, directories, applications, or products or services (collectively, Third-Party Services).
No Control Over Third-Party Services. Lune does not have or maintain any control over Third-Party Services, and is not responsible for their content, operation, or use. By linking or otherwise displaying information from or providing access to any Third-Party Services, Lune does not give any representation, warranty or endorsement, express or implied, with respect to the legality, accuracy, quality, or authenticity of content, information, or services provided by those Third-Party Services.
Third Party Disputes. LUNE IS NOT AFFILIATED WITH ANY OTHER LUNE USER, CARRIER, SERVICE PROVIDER, OR THIRD-PARTY SERVICE, AND ANY DISPUTE YOU HAVE WITH ANY OTHER LUNE USER, CARRIER, SERVICE PROVIDER, THIRD-PARTY SERVICE, OR OTHER THIRD PARTY ARISING FROM YOUR USE OF THE SERVICES, IS DIRECTLY BETWEEN YOU AND SUCH THIRD PARTY, AND YOU IRREVOCABLY RELEASE LUNE (AND OUR OFFICERS, DIRECTORS, AGENTS, SUBSIDIARIES, JOINT VENTURES, AND EMPLOYEES) FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES. LUNE WILL NOT, AND WILL NOT ATTEMPT, TO REVERSE OR OTHERWISE RECOVER ANY PAYMENT OR TRANSACTION THAT IS SUBJECT TO A BONA FIDE DISPUTE.
Limited Third Party Rights to Enforce this Agreement. You acknowledge and agree that certain distributors of the Services, including but not limited to mobile app store providers, such as Apple Inc., and Google Inc., are intended beneficiaries of this Agreement and have a limited right to enforce this Agreement directly against You. Other than as set out in this Section, this Agreement is not intended to grant rights to anyone except You and Lune, and in no event shall the Agreements create any third party beneficiary rights. No additional consents are required to exercise any rights to terminate, rescind, or agree to any variation, waiver, or settlement of this Agreement.
Mobile Applications. When You download the Mobile Application from the Apple App Store, the Google Play Store, or other authorized app store provider (collectively and individually, Mobile Provider) for use on a mobile device, You acknowledge and agree to that: this Agreement is between You and Lune only, not the Mobile Provider, and the Mobile Provider is not responsible for the Services or the content thereof. The Mobile Provider has no obligation whatsoever to furnish any maintenance and support services with respect to the Services. You agree that Lune, not the Mobile Provider, is responsible for addressing any claims by You or any third party relating to the Services or your possession and/or use of the Services. The Mobile Provider is not responsible for the investigation, defense, settlement and discharge of any third party claim that the Services or Your possession and use of the Services infringes that third party’s intellectual property rights. You agree to comply with any applicable third party terms when using the Services through a mobile app.
Limitation of Liability
IN NO EVENT SHALL LUNE BE LIABLE TO YOU, YOUR ORGANIZATION OR INDIVIDUAL, ANY USER, OR ANY THIRD PARTY IN CONNECTION WITH THIS AGREEMENT OR THE SERVICES, FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF INCOME, DATA, PROFITS, REVENUE OR BUSINESS INTERRUPTION, OR COST OF SUBSTITUTE SERVICES, OR OTHER ECONOMIC LOSS, WHETHER OR NOT LUNE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND WHETHER ANY CLAIM FOR RECOVERY IS BASED ON THEORIES OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR OTHERWISE. LUNE WILL NOT BE LIABLE FOR ATTORNEYS’ FEES, EXCEPT AS REQUIRED BY LAW. NOTWITHSTANDING ANY OTHER PROVISIONS OF THIS AGREEMENT, IN NO EVENT SHALL LUNE’S AGGREGATE LIABILITY TO YOU, YOUR ORGANIZATION OR INDIVIDUAL, ANY USER, OR ANY THIRD PARTY IN CONNECTION WITH THIS AGREEMENT OR THE SERVICE EXCEED THE TOTAL FEES PAID BY YOU OR YOUR ORGANIZATION OR INDIVIDUAL TO LUNE IN THE TWELVE MONTH PERIOD PRECEDING THE EVENT(S) THAT GAVE RISE TO SUCH LIABILITY, OR ONE HUNDRED USD ($100.00), WHICHEVER IS GREATER, REGARDLESS OF THE FORM OR THEORY OF THE CLAIM OR ACTION.
Each provision of this Agreement that provides for a limitation of liability, disclaimer of warranties, or exclusion of damages is intended to and does allocate the risks between the parties under this Agreement. Each of these provisions is severable and independent of all other provisions of this Agreement. All limitations of liability, disclaimers of warranties, and exclusions of consequential damages or other damages or remedies will remain fully valid, effective and enforceable in accordance with their respective terms, even under circumstances that cause an exclusive remedy to fail of its essential purpose. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF DAMAGES, LIABILITY OR CERTAIN WARRANTIES IN CERTAIN CIRCUMSTANCES. ACCORDINGLY, SOME OF THESE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY.
You acknowledge and agree that you are required to: (a) complete all tax registration obligations and calculate and remit all tax liabilities related to your provision of services through Lune as required by applicable law; and (b) provide Lune with all relevant tax information if required. You further acknowledge and agree that you are responsible for taxes on your own income arising from the performance of services through Lune. Lune may in its reasonable discretion based on applicable tax and regulatory considerations, collect and remit taxes resulting from your provision of services through Lune and/or provide any of the relevant tax information you have provided pursuant to the foregoing requirements in this section directly to the applicable governmental tax authorities on your behalf or otherwise. You also acknowledge and agree that Lune shall not be held liable for any act of inattentive user as well as double payments made through a Lune Account.
You agree to full liability and responsibility for Your use of the Services, and You will defend and indemnify Lune and its officers, directors, employees, consultants, affiliates, subsidiaries and agents from and against every claim, liability, damage, loss, and expense, including reasonable attorneys' fees and costs, arising out of or in any way connected with: (a) Your violation of any portion of this Agreement, or any applicable law or regulation; (b) Your violation of any third-party right, including any intellectual property right, or publicity, confidentiality, other property or privacy right; or (c) any dispute or issue between You and any third party. We reserve the right, at Our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by You (without limiting Your indemnification obligations with respect to that matter), and in that case, You agree to cooperate with Our defense of that claim.
Agreement to Arbitrate
Agreement to Arbitrate. In the interest of resolving disputes between You and Lune in the most expedient and cost-effective manner, You and Lune agree that every dispute arising in connection with this Agreement will be resolved by binding arbitration. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. The Agreement to Arbitrate disputes includes all claims arising out of or relating to any aspect of this Agreement, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of this Agreement.
BY ENTERING IN THIS AGREEMENT, YOU AND LUNE ARE EACH WAIVING THE RIGHT TO FILE A LAWSUIT. YOU UNDERSTAND AND AGREE THAT ANY ARBITRATION UNDER THIS AGREEMENT WILL BE ON AN INDIVIDUAL BASIS.
Waiver of Class Actions and Right to Trial by Jury. To the fullest extent permitted by law, You acknowledge and agree that You may bring claims against Lune only in Your individual capacity and not as a plaintiff or class member in any purported class or representative proceeding. CLASS ACTIONS, CLASS ARBITRATIONS, REPRESENTATIVE ACTIONS, AND/OR CONSOLIDATION OF ACTIONS OR ARBITRATIONS ARE NOT ALLOWED. YOU AGREE THAT YOU HAVE EXPRESSLY AND KNOWINGLY WAIVED YOUR RIGHTS TO PARTICIPATE IN A CLASS ACTION AND TO A TRIAL BY JURY.
Procedures. Any arbitration between You and Lune will be settled in accordance with the Rules of Arbitration of the Dubai International Arbitration Centre – London Court of International Arbitration Centre (DIFC-LCIA).
Notice. If You intend to seek arbitration, You must first send a written notice (Notice) of Your claim or dispute to Lune by e-mail at Legal@lune.ae (signature required). Lune’s address for Notice is Legal@lune.ae ATTN: LEGAL. The Notice must describe: (a) the nature and basis of the claim or dispute; and (b) the remedy that You want (Demand). You and Lune agree to make good faith efforts to resolve the claim directly, but if You and Lune do not reach an agreement within 30 business days after the Notice is received, You or Lune may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by You or Lune must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any.
Fees. If You commence arbitration in accordance with this Agreement, the payment of fees related to the arbitration will be decided by the Rules of the DIFC-LCIA.
Location The arbitration hearing will take place at a location to be agreed upon in the DIFC.
Severability The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this Agreement. If this Agreement to Arbitrate is found to be, in whole or in part, invalid or unenforceable, the remaining provisions of this Agreement will remain in effect, and, where this Section 18 cannot be enforced, You agree that the exclusive jurisdiction and venue described in Section 19 will govern any action arising out of or related to this Agreement.
Exceptions to Agreement to Arbitrate. Notwithstanding any other provision of Section 18, nothing in this Agreement will be deemed to waive, preclude, or otherwise limit the right to: (a) bring an individual (non-class, non-representative) action in small claims court so long as such action remains in small claims court; (b) pursue an enforcement action through the applicable federal, state, or local agency, if that action is available; (c) seek injunctive relief in a court of law; or (d) to file suit in a court of law to address an intellectual property infringement claim.
Governing Law; Choice of Forum
This Agreement and all matters arising out of or relating to this Agreement, including any disputes between You and Lune, will be governed by the laws of the Dubai International Financial Centre, UAE, without regard to its conflicts of law provisions. To the extent that any dispute or action relating to this Agreement is permitted to be brought in a court of law, You agree that the legal action or proceeding will be brought exclusively in the courts located in the DIFC, UAE. Subject to the provisions of Section 18, You and Lune agree to submit to the exclusive jurisdiction of and agree that venue is proper in the courts located in the DIFC.
Language If Lune provides a translation of the English language version of this Agreement, the translation is provided solely for convenience, and the English version will prevail.
Headings The headings in this Agreement are for convenience only and have no legal effect.
Force Majeure Lune will not be liable for any delay or failure to perform any obligation related to the Services if the delay or failure is due to unforeseen events that are beyond Lune’s reasonable control, such as strikes, blockade, war, terrorism, riots, natural disasters, epidemic, or governmental action.
Waiver. The waiver of any default or breach of this Agreement will not constitute a waiver of any other or subsequent default or breach. Except as otherwise stated in this Agreement, the exercise of any remedy under this Agreement will be without prejudice to other remedies available under this Agreement or otherwise.
Severability. In the event any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions of the Agreement will remain in full force and effect.
Compliance with Laws. You and Lune each agree to comply with all applicable laws and regulations with respect to the Services and Your use of the Services.
No Agency. Nothing in this Agreement will be construed to create a partnership, joint venture, or agency relationship between You and Lune.
Third-Party Beneficiaries. This Agreement is intended for the sole and exclusive benefit of You and Lune, and is not intended to benefit any third party, except as otherwise stated.
Entire Agreement. This Agreement constitutes the complete and exclusive agreement between You and Lune concerning the Services and supersedes all other agreements or understandings, written or oral, about the Services.
Updates and Changes to This Agreement
Lune reserves the right to modify or change this Agreement, as well as its policies relating to the Services, at any time, in Our sole discretion. Lune will post revised Terms or policies on Our Website and App, and will provide notice to You of material changes to this Agreement. You will be deemed to have accepted and agreed to any revisions or changes to this Agreement at the time of (i) Your electronic acceptance of the revised, changed or new Agreement, or (ii) Your use of the Services after the effective date of the revised, changed or new Agreement. If the revised, changed or new Agreement is not acceptable to You, Your sole and exclusive remedy will be to stop using the Services and/or to cancel Your account as provided in this Agreement.