Terms & conditions

Last Updated on November 5th, 2022

These Terms and Conditions are between you and Kayanee Company (“Kayanee”), a single shareholder limited liability company, established with Commercial Registration number 1010732109, head address at Digital City – Riyadh 12382, Kingdom of Saudi Arabia (“KSA”).

Please read these Terms of Use (these "Terms") carefully as they govern your use of (which includes access to) Kayanee’s services, including all of our websites and software applications that incorporate or link to these Terms (collectively, the “Services”) and any music, videos, podcasts, blog posts, or other material that is made available through the Services (the “Content”).

By accessing, signing up for or otherwise using the Services, you agree to be bound by these Terms, our Privacy Policy, our Cookies Policy and our Community Guidelines. If you do not agree to these Terms, then you must not use the Services or access any Content.

We offer a wide range of Services, and sometimes additional terms may apply. When you use a Service (for example Your profile, gift cards or our application for mobile), you will also be subject to the terms, guidelines and conditions applicable to that specific Service ("Service-Specific Terms"). If these Terms are inconsistent with the Service-Specific Terms, those Service-Specific Terms will prevail.

Age and eligibility requirements

By using the Services, you affirm that you are 18 years or older to enter into these Terms, or, if you are not, that you are 13 years or older and have obtained parental or guardian consent to enter into these Terms.

Our service

Kayaneeis the ultimate destination where performance meets purpose. We provide an online platform where you can browse, purchase and enjoy a curated selection of activewear and fashion clothing, hair and bodycare products, healthy food and drink and supplements. In addition you can learn about Kayanee Dance Fitness classes, Thrive wellness consultations, and our Learn event series, all of which are available in-store.

Service Limitations and Modifications

We use reasonable efforts to keep our Services operational and to provide you with a great user experience. However, our service offerings and their availability may change from time to time, without liability to you. For example:

  • Services may experience temporary interruptions due to technical difficulties, maintenance or testing, or updates, including those required to reflect changes in relevant laws and regulatory requirements.
  • We aim to evolve and improve our Services constantly, and we may modify, suspend, or stop (permanently or temporarily) providing all of part of a Service (including particular functions, features, subscription plans, and promotional offerings).
  • Kayanee has no obligation to provide any specific Content through our Services, and Kayanee or the applicable owners may remove particular products, images, songs videos, podcasts, and other Content without notice.
  • Kayanee has no liability to you, nor any obligation to provide a refund to you, in connection with internet or other service outages or failures that are caused by the actions of government authorities, other third parties, or events beyond our control.

Third-Party Links, Sites and Services

Our Services may contain links to third party sites and services which may be subject to separate terms and conditions.

Any links to third party websites from our Services are not under our control, and we are not responsible for and do not endorse their content or their privacy policies. Any uses of third party sites by you is at your own risk.

Security

We care about the security of our users. While we work to protect the security of your content and account, Kayanee can’t guarantee that unauthorised third parties won’t be able to defeat our security measures. We ask that you keep your password secure. Please notify us immediately of any compromise or unauthorised use of your account.

Acceptable use

Your Account

You may need to create an account to use all or part of the Services. Your username and password are for your personal use only and should be kept confidential. You understand that you are responsible for all use (including any unauthorized use) of your username and password. Notify our Customer Service team immediately if your username or password is lost or stolen, or if you believe there has been unauthorized access to your account.
Kayanee may reclaim, or require you to change, your username for any reason.

Sanctions and Export Policy

You may not use any Services if you are the subject of KSA sanctions or of sanctions consistent with KSA law imposed by the governments of the country where you are using the Services. You must comply with all KSA or other export and re-export restrictions that may apply to goods, software, technology, and services. Nothing in these Terms shall, or shall be interpreted or construed to, induce or require Kayanee or you to act in any manner (including taking or failing to take any actions in connection with a transaction) which is inconsistent with or penalized under any applicable KSA laws, regulations, rules, or requirements.

Intellectual property rights

User Content

Kayanee allows you to post content, including photos, comments, links and other materials. Anything that you post or otherwise make available on our Services is referred to as "User Content". You retain all rights in, and are solely responsible for, the User Content you post to our Services.

You warrant that, with respect to any User Content you post on our Services:

  • You own or have the right to post such User Content.
  • Such User Content, or its use by Kayanee pursuant to the license granted below, does not.
  • Violate these Terms, including the Community Guidelines, applicable law, or the intellectual property or other rights of any third party.
  • Imply any affiliation with or endorsement of you or your User Content by Kayanee or other individual or entity without the prior express written consent from Kayanee or such individual or entity.

You expressly warrant that User Content you post on our Services is not in violation any of the provisions of the Anti-Cybercrime Law. There will be no liability on Kayanee as a result of your violation of the applicable regulations, and we retain our right to take what we deem appropriate action, at our sole discretion, against any user that violates the provisions of the Anti-Cybercrime Law, including informing the relevant authorities.

Licenses you grant us

You hereby grant to Kayanee a non-exclusive, transferable, sub-licensable, royalty-free, fully paid, irrevocable, worldwide license to reproduce, make available, perform and display, translate, modify, create derivative works from, distribute, and otherwise use any such User Content through any medium, whether alone or in combination with other Content or materials, in any manner and by any means, method or technology, whether now known or hereafter created, in connection with the Service. Where applicable and to the extent permitted under applicable law, you also agree to waive, and not to enforce, any "moral rights" or equivalent rights, such as your right to be identified as the author of any User Content, including Feedback.

Feedback

We value hearing from our users, and are always interested in learning about ways we can make our Services better. If you choose to provide ideas, suggestions, or other feedback in connection with your use of a Service or any Content ("Feedback"), such Feedback is not confidential and may be used by Kayanee without restriction and without compensation to you.

Content

The Content provided on the Services including information, data, material, text, designs, graphics, pictures, video, applications, software, audio and other files, and their selection and presentation, is owned by Kayanee or licensed to Kayanee through third parties. It is protected by copyright, trademark and other intellectual property rights as applicable and provided solely for your own personal use. Republication or redistribution of the content is prohibited.

Licenses we grant you

Subject to your compliance with these Terms (including any other applicable terms and conditions), we grant to you limited, non-exclusive, revocable permission to make personal, non-commercial use of the Service and the Content (collectively, "Access"). This Access shall remain in effect unless and until terminated by you or Kayanee. You agree that you will not redistribute or transfer the Service or the Content.

Our software applications and the Content are licensed, not sold or transferred to you, and Kayanee and its licensors retain ownership of all copies of our software applications and Content even after installation on your devices.

Disputes

Termination

These Terms will continue to apply to you until terminated by either you or Kayanee. Kayanee may terminate these Terms (including any additional terms and conditions incorporated herein) or suspend your access to the Service at any time if we believe you have breached any of these Terms, if we stop providing the Service or any material component thereof, or as we believe necessary to comply with applicable law.

If you or Kayanee terminate these Terms, or if Kayanee suspends your access to the Service, you agree that Kayanee shall have no liability or responsibility to you, and (except as expressly provided in these Terms)

You may terminate these Terms at any time, in which case you may not continue accessing or using the Services.

Indemnification

You agree to indemnify and hold Kayanee harmless from and against all damages, losses, and expenses of any kind (including reasonable attorney fees and costs) arising out of or related to:

  • Your breach of any of these Terms (including any additional Kayanee terms and conditions incorporated herein).
  • Any User Content you post or otherwise contribute.
  • Any activity in which you engage on or through a Service.
  • Your violation of any law or the rights of a third party.

Disclaimer

The Services are provided "as is" and "as available," without any warranties of any kind, whether express, implied, or statutory. Further, Kayanee and all owners of the Content disclaim any express, implied, and statutory warranties regarding the content, including warranties of satisfactory quality, merchantability, fitness for a particular purpose, or non-infringement. Neither Kayanee nor any owner of content warrants that the Services or Content are free of malware or other harmful components. In addition, Kayanee makes no representation regarding, nor does it warrant or assume any responsibility for, any third-party applications (or the content thereof), User Content, devices or any product or service advertised, promoted or offered by a third party on or through the Services or any hyperlinked website, and Kayanee is not responsible for any transactions between you and any third-party providers of the foregoing. No advice or information whether oral or in writing obtained by you from Kayanee shall create any warranty on behalf of Kayanee.

Some jurisdictions do not allow the exclusion of implied warranties or limitations on applicable statutory rights of a consumer, so the exclusion and limitations in this section may not apply to you.

Our liability

We will do our utmost to ensure that availability of the Services will be uninterrupted and that transmissions will be error-free. However, due to the nature of the internet, this cannot be guaranteed. Also, your access to Services may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services. We will attempt to limit the frequency and duration of any such suspension or restriction.

We will not be held responsible for any delay or failure to comply with our obligations under these Terms if the delay or failure arises from any cause which is beyond our reasonable control.

In no event will Kayanee, its officers, shareholders, employees, agents, directors, subsidiaries, affiliates, successors, assigns, suppliers, or licensors be liable for:

  • Any indirect, special, incidental, punitive, exemplary, or consequential damages.
  • Any loss of use, data, business, or profits (whether direct or indirect), in all cases arising out of the use of or inability to use the Service, third-party applications, or third-party application content, without regard to whether Kayanee has been warned of the possibility of those damages, and even if a remedy fails of its essential purpose.

For clarification, these Terms do not limit Kayanee’s liability for fraud or fraudulent misrepresentation to the extent that applicable law would prohibit such a limitation.

Governing law and jurisdiction

These Terms are governed by the laws of KSA and subject to international cyber-crime laws. Any disputes arising out these Terms are to be submitted to the exclusive jurisdiction of the Saudi Courts.

Waiver

Any failure by Kayanee to enforce these Terms or any provision thereof shall not waive Kayanee’s right to do so.

Severability

Unless as otherwise stated in these Terms, should any provision of these Terms be held invalid or unenforceable for any reason or to any extent, the remaining provisions of these Terms will not be affected, and the application of that provision shall be enforced to the extent permitted by law.

About these terms

Amendments

We may make changes to these Terms (including any additional Kayanee terms and conditions incorporated by reference herein) from time to time by notifying you of such changes by any reasonable means, including by posting the revised Terms on the applicable Service (provided that, for material changes, we will seek to supplement such notice by email, an in-service pop-up message or other prominent notice within the Service, or other means). Any such changes will not apply to any dispute between you and us arising prior to the date on which the Terms were changed. Your use of the Services following any changes to these Terms will constitute your acceptance of such changes. If you do not wish to continue using the Services under the updated Terms, you may terminate your account and/or stop accessing the Services. The effective date set at the bottom of this document indicates when these Terms were last changed.

Entire agreement

Other than as stated in this section or as explicitly agreed upon in writing between you and Kayanee, these Terms constitute all the terms and conditions agreed upon between you and Kayanee and supersede any prior agreements in relation to the subject matter of these Terms, whether written or oral.

As noted above, other terms and conditions governing use of the Services are incorporated herein by reference, including the following terms and conditions:

  • Privacy Policy.
  • Cookies Policy.
  • Community Guidelines.

Assignment

Kayanee may assign any or all of these Terms, and may assign or delegate, in whole or in part, any of its rights or obligations under these Terms. You may not assign these Terms, in whole or in part, nor transfer or sub-license your rights under these Terms, to any third party.

Contact us

We want to hear from you if you have thoughts or questions about these Terms.
Feel free to contact us via email at: [email]
Alternatively, you can write to us and address it to:
[address]

Terms of Sale

These Terms of Sale govern the sale of any of the products or services listed on our website (“ Products”) by Kayanee to you. These Terms of Sale incorporate and must be read in conjunction with our Terms and Conditions, Privacy Policy, and Cookies Policy.


The purchase of products through Website is strictly limited to parties who can lawfully enter into and form contracts on the Internet in accordance with the laws of the Kingdom of Saudi Arabia and abroad as applicable.

Your order:

When you place an order with us, you are confirming your intention to enter into a contract with us for the purchase of the Products, at the price indicated including any delivery fees, taxes, cash handling fees and duties where applicable.

Please note that completion of the online checkout process will not constitute our acceptance of your order. Orders are subject to our acceptance, which we may withhold in our sole discretion including for reasons such as ineligibility, inability to confirm payment authorization, suspected fraud, shipping restrictions and stock availability.

Receipt of your order will be acknowledged by email. However the order is only confirmed when you receive a notification from us confirming dispatch of the relevant item(s). No party other than us has the authority to confirm acceptance of the order.

If, for any reason following the placement of an order we are unable to supply a particular Product, we will cancel your order and inform you as quickly as possible.

Gifts

For any gift with purchase, regional exclusions and minimum spending requirements may apply. The gifts will also be given until the stock lasts. For any returns, the gift should be sent back with the returned item in the original condition, it was dispatched and received in.

Prices:

The price of the Products and the delivery charges as shown on our Website in Saudi Arabian Riyal (SAR) or equivalent based on the applicable exchange rates on the day you process the transaction are exclusive of any services you may elect to pair the purchase with, delivery costs, taxes or duties to which the purchase may be subject. Any such additional costs will appear separately on your order form at the time of the check-out process. Where you purchase using a payment card denominated i n a different currency to Saudi Arabian Riyals, the payment will be subject to the currency exchange rate applied by your card issuer at the time your payment is completed.

Kayanee reserves the right to change prices and alter or remove any special offers from time to time and as necessary. In the event that prices are changed during the period between an order being placed and Kayanee processing that order and taking payment, you will be charged the original price displayed at the time of your order placement.

Although we make every effort to ensure prices displayed on our website and in our communications are correct, errors may occur. Our website contains a large number of products and it is always possible that, despite our best efforts, some of the products listed on our website may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a there is a discrepancy between a product’s actual price and the displayed price, we will charge the lower amount when dispatching the product to you.

Payment:

We currently accept the following forms of payment: credit card, Mada, and cash on delivery. If you choose cash on delivery, you will be subject to an additional SAR 25 fee.

All credit/debit card payments are subject to validation and authorization by the issuer. We will not be held liable for any delay or non-delivery if the issuer of the credit/debit card refuses to authorize payment.

Kayanee reserves the right to suspend or terminate the payment options available on your account and refuse any and all current or future use of the payment options available on the site (or any portion thereof) if it suspects there is fraudulent or suspicious activity.

Delivery:

Kayanee currently only delivers to the Kingdom of Saudi Arabia.

Delivery methods, costs and timelines are as set out below:

Delivery Timelines:

Delivery timelines are estimates only and may vary. We reserve the right to charge for redelivery attempts.

We are not liable for delays beyond our control, including customer unavailability or delivery postponements.

Tracking:

You will receive a tracking number via SMS after your order is confirmed. Use this number to track your delivery status.

Please note:

These are general delivery guidelines and specific details may vary.

Always check the product page or checkout process for the most up-to-date information about your specific order.

Delivery times may be extended for remote areas.

Delivery timeline: from Saturday to Thursday 9:00 to 21:00, excluding any public holidays. Orders placed on weekends and public holidays, or outside of working hours, will be processed the following working day.

Terms and Conditions for Booking of Classes

You must be 18 years or older to book and attend any class.

Places in a class are allocated on a first-come, first-served basis. We do not reserve or guarantee any dates or times for classes unless they are specifically booked and paid for that specified time and date.

Classes can be booked in person, via email, phone, our website, or our online booking system, either as a single class or as part of any available package.

If a specific class you wish to attend is fully booked, you have the option to select another class or be placed on a waiting list. We only guarantee a place if the class isn’t fully attended. This can be arranged either in person at the reception desk of the studio or by contacting our customer care.

If you are on the waiting list and a spot becomes available, you must be onsite at Kayanee studio 15 minutes before the class starts.

If you purchase a package of classes and have attended at least one class, you will not be eligible for a refund. Refunds are only issued if you have not used any of the classes in the package and request a refund within 7 days from the purchase date.

All packages must be paid for in advance.

Classes, prices, and instructors are subject to change, but we will endeavor to provide as much prior notice as possible of any changes.

An automatic reminder will be sent to you 24 hours before your appointment via SMS, email, or account notification.

Cancellation and Refund details:

Any classes paid for as part of a package but not booked or taken during dates falling within the expiry dates of the package (one/two/three/six months or a year), will expire without any refund together with the expiry of the package.

Any entitlement to a class not booked (or rebooked) and not taken within the designated period will be lost unless you qualify for a refund in accordance with these Terms and Conditions.

If you arrive late more than 15 minutes of the scheduled start of the class, you will not be allowed to attend the class and the entitlement to the class will be deducted and not refunded.

You may cancel a class without charges if you give us at least 12 hours prior notice of the cancellation. If you do so, you have the right to rebook for another class at a future date, if it falls within the expiry of the purchased package.

We reserve the right to cancel a class booked by you at any time before the time and date of that class under the following circumstances:

1-The required minimum number of people (3) for the class have not booked for that class.

2-The teacher required for the class is not available.

3-If you have replaced yourself with another person.

4-If it is an emergency and we need to evacuate.

If we cancel a class under such circumstances, we will issue a full refund for the payment you have made for that specific class, except when the class is part of your package. In such cases, we cannot offer a refund. However, we will provide you with the opportunity to reschedule the class for another date within your package's validity period.

Individual class purchase: If the class is delayed more than 15 min and we have notified you, you may cancel the class and get full refund or you may rebook the class.

Package class purchase: If the class was delayed more than 15 min and we have notified you, you can rebook the class.

We reserve the right to remove you from any class if your conduct is in our reasonable opinion unacceptable, or is/potentially be, in our sole opinion, harmful to our reputation, or if it amounts to your breach of these Terms and Conditions, or where such expulsion is otherwise in the interests of others who are in that class or who are in any other class being held in parallel or to be held subsequently. You will not be entitled to any refund for a class from which you have been removed. If at that time you have paid for any classes as a package but have not yet booked and /or attended one or more of such classes, we may cancel those classes not yet booked and/or attended, in which case we will refund you for the number of cancelled classes.

During the first 7 days of the purchase date, you can:

  • Edit the package.
  • Cancel the package, subject to the refund terms.