Terms And Conditions
POLICY STATEMENT
These General Standard Terms (GST) provide the signature and quality customer service that its patrons have loved them for. This Policy will provide the procedure, guidelines, limitations, and legal considerations about the services that the Company is providing.
DEFINITION OF TERMS
- "Account" refers to the Account created by the Customer to procure a Coupon from the Website or Mobile Application.
- "Company" shall refer to the owner of the website and Mobile Application where the Customer obtains and/or procures a Coupon for the Services.
- "Coupon" shall refer to the e-coupon generated through the Website and/or mobile application where the discount rate is provided for the particular Services.
- "Customer" shall refer to any individual or organization that uses the Website or Mobile Application to procure or attempt to procure Services, including but not limited to coupons, vouchers, or any similar products or Services using the Website, Mobile Application, or any duly authorized third-party platform.
- "Force Majeure Event" shall refer to unexpected circumstances which make it impossible to perform the Services and beyond the control of the Company and/or Service Provider, including without limitations: wars, civil commotion, terrorist acts, strikes, lockouts, pandemics or epidemics duly declared by the competent authority, natural disaster, government restriction, change in law, acts of the government and others. The enumeration herein mentioned is for convenience only.
- "Mobile Application" shall refer to the Company's mobile application downloaded and/or installed by the Customer to procure a Coupon from the Service Provider.
- "Service Provider" shall refer to any individual, partnership, or organization, whether privately or publicly owned, that is responsible for the delivery of the Services uploaded in the Company's Website and/or mobile application, and for which the Coupon may be used or redeemed.
- "Services" shall refer to the medical and/or non-medical Services provided by the Service Provider uploaded by the latter in the Company's Website and/or mobile application.
- "Website" shall refer to the online sales portal www._____________________ or any other electronic websites or domains provided by the Company for the Customer to subscribe to avail Coupon for the Services, including all webpages, subdomains, and subparts therein contained provided by the Company whether accessed via a personal computer, laptop, tablet, mobile phone or any other device capable of accessing the information available now or created in the future.
SCOPE AND LIMITATIONS
This Policy shall be limited to the procurement of availability of Coupons and the list of circumstances mentioned below. The Company shall not be responsible and liable for any other things for a refund unless otherwise, it is expressly written hereof. The Company shall not be held liable for any damages or losses incurred by the Customer in relation to the Services provided by the Service Provider. More so, the Company shall not be liable, responsible, or accountable for the acceptance or rejection of the Coupon by the Service Provider.
SUBSCRIPTION FEE
Before any availment or procurement of Coupons for any Services available from the Service Provider, the Customer shall subscribe and pay the appropriate subscription fee. After the expiry of the subscription, the Customer shall automatically cease to access the Coupon from the Website and/or Mobile Application. In such cases, the Company shall not be liable, responsible, or accountable for any issue arising therefrom. The Company shall not be liable for any damages or losses.
COUPON
This section explains the procedure and prohibition of procuring a Coupon. The Customer shall strictly comply with the terms and conditions herein set forth; otherwise, without incurring any liability, the Company has the exclusive and utmost discretion to reject the availment of the Coupon.
The Coupon procured on the Website, Mobile Application, or via the authorized Company's authorized outlets or platform is NON-REFUNDABLE AND/OR THE SAME CANNOT BE CONVERTED INTO CASH.
All Coupons shall be issued electronically via the Company's Website and/or Mobile Application or any other means as may be determined by the Company at its sole discretion. The Coupon has a distinct QR Code needs to be presented with the Service Provider.
The Customer shall provide the following proof aside from the QR Code—Identification card (passport or valid national ID).
The Coupon procured by the Customer shall not be resold by any means or mode. In case of any breach hereof, the Company shall right to suspend or close the access of the Customer from the latter's account without incurring any liability. More so, upon notice to the Service Provider, the latter has the right not to accept or honor the same without incurring any liability.
The Coupon is prohibited from being transferred to any third party, except IF THE SERVICE PROVIDER consents thereto. In such cases, the Customer shall coordinate the matter with the Service Provider. Under no circumstances, the Company shall be responsible or liable thereof.
All Coupons have their expiry or validity date. The Customer shall use the same on or before the expiry of the Coupon's validity date. Any expired Coupon, the same shall not be accepted or honored by the Service Provider.
All Coupons and availments shall be coordinated with the Service Provider. The Customer shall be responsible for coordinating the availment or redemption of the Coupon to the Service Provider. The Customer shall be responsible for the scheduling or booking of the Services redemption.
The Customer shall be accountable for providing all information required for the Coupon, particularly the name, mobile number, or email address. Any concealment, misrepresentation, incorrect, or even inadvertent mistake shall not hold the Company liable therefor, and the Coupon may not be accepted by the Service Provider.
The Customer must be of legal age at the time of redemption. In the case of a minor, the Company and/or the Service Provider reserve the right to reject or cancel any Coupon redemption.
The Customer may pay using cash, credit or debit card, bank transfer, or any other accepted payment method. The Customer shall either be paid in cash, credit or debit card, bank transfer, or any mode of transfer payment. In the event of any fraudulent or unlawful payment made by the Customer, the Company reserves the right to reject or cancel the Coupon and will report such incidents to the appropriate competent authority for appropriate legal action. The payment made through fraudulent means shall not be refunded to the perpetrator; any refund will be refunded only to the lawful owner, subject to a lawful order from the competent authority. The Company will hold the funds in trust until such an order is received.
The Customer shall pay directly to the Service Provider for the discounted Services. The Company shall not be liable, responsible, or accountable to any refund of the Services' Fee or any fees paid by the Customer to the Service Provider.
CUSTOMER AND ACKNOWLEDGEMENT OBLIGATIONS
The Company shall not be liable, responsible, or accountable, either by law or equity, for all the Services performed by the Service Provider. The Service Provider shall be responsible for their acts or omissions while in the performance of the Services. Any actions taken by the Customer against the Service Provider (or vice versa) shall not hold the Company liable for any damages, interest, surcharges, refunds, penalties, losses, or other costs under the law or equity.
The Customer shall be responsible for checking or knowing any restrictions in the Services, such as but not limited to age, pre-medical clearance, and others, with the Service Provider.
The Customer acknowledges that the Service Provider may conduct a pre-medical check-up before undergoing such Services. The pre-medical check-up shall determine whether the Customer is medically fit to avail such Services.
The Customer acknowledges that the Service Provider has the right to accept or reject the Coupon should there be any breach of this GST and clause 6 (b) hereof.
Any failure of the Customer to show up on the agreed schedule with the Service Provider, the Coupon shall be automatically cancelled, unless the Service Provider accepts or consents to such rescheduling.
The Customer is advised to arrive at least 30 minutes before the Service starts for any pre-Service brief or procedure. However, the Customer acknowledges that queues will be experienced, and the Company shall not be responsible for delays caused by these queues.
By subscribing through the Company's Website and/or Mobile Application, the Customer, voluntarily and freely, consents to be documented by the Company and/or Service Provider regarding Services. Furthermore, the Customer hereby waives all its rights in any photographs, video, or audio recordings of the Customer made by the Company and/or Service Provider.
CANCELLATION OF SUBSCRIPTION
The Customer's subscription to the Company's Website and/or mobile application shall be NON-REFUNDABLE. The Customer may, at any time, unscribe or cancel the subscription. However, the subscription fee shall be non-refundable for any reason.
PRIVACY AND INFORMATION
Please see the Company's Privacy and Cookies Policies.
INTELLECTUAL PROPERTY
The Customer acknowledges that while using the services, it may use products, materials, and methodologies that are proprietary to the Company or its affiliates, along with other Intellectual Property Rights owned by the Company or its affiliates. The Customer agrees not to acquire any rights in these proprietary products, materials, and methodologies under this GST or otherwise. All Intellectual Property Rights shall remain with the Company or its affiliates.
All Intellectual Property Rights, whether on the date of use of the service or anytime thereafter, shall belong exclusively to the Company (or its affiliate company) and shall vest in the Company unconditionally and immediately on the Intellectual Property having been created, developed, written, or prepared.
Any and all copyright, trademark, trade name, trade dress, patent, utility model, design patent, know-how, trade secret, proprietary information, hardware configuration, computer software program or application, circuit or logic design, other intellectual or industrial property rights, and applications and registrations therefor in any jurisdiction in the world (collectively, "IP Rights") in and to the products or Services are owned exclusively by the Company, its affiliates, licensors, and/or Service Provider. The Customer agrees not to claim or assert title to or ownership of any such IP Rights. The Customer shall not do (or permit any third party to do) anything which would or might invalidate or be inconsistent with any IP Right of the Company or its affiliates and licensors. The Customer will assist the Company in maintaining the validity and enforceability of such IP Rights and will not remove or alter any trademark, copyright, or proprietary notice from any product, service, website, or other.
LIMITATION OF LIABILITY
NOTWITHSTANDING ANYTHING ELSE IN THIS GST OR OTHERWISE, THE COMPANY SHALL NOT BE LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THIS GST OR THE PRODUCTS, SERVICES, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR (I) ANY AMOUNTS, (II) DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, SPECIAL OR EXEMPLARY DAMAGES, OR LOSS OF REVENUE OR ANTICIPATED PROFITS, BUSINESS INTERRUPTION, LOSS OF USE OR OPPORTUNITY (INCLUDING SUCH DAMAGES INCURRED OR CLAIMED BY THIRD PARTIES, INJURIES, PERMANENT OR TEMPORARY DISABILITIES, OR ANY ISSUE ARISING FROM THE SERVICES CONDUCTED BY THE SERVICE PROVIDER); EVEN IF SUCH DAMAGES ARE FORESEEABLE OR THE COMPANY HAS BEEN ADVISED OR HAS CONSTRUCTIVE KNOWLEDGE OF THE POSSIBILITY OF SUCH DAMAGES, (III) EXPENDITURES, INVESTMENTS OR COMMITMENTS MADE IN RELATION TO THE SERVICES OR THE ESTABLISHMENT, DEVELOPMENT OR MAINTENANCE OF THE BUSINESS OR GOODWILL OF THE CUSTOMER, OR COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS.
ASSUMPTION OF RISK: THE CUSTOMER ACKNOWLEDGES THAT THE COMPANY HAS MADE NO WRITTEN OR VERBAL REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESS OR IMPLIED, REGARDING THE SUBJECT MATTER HEREOF AND THAT THE CUSTOMER IS RELYING SOLELY ON ITS JUDGMENT IN AGREEING TO PERFORM UNDER THIS GST AND ASSUMES ALL ASSOCIATED RISKS WITH REGARD TO THE SERVICES OFFERED BY THE SERVICE PROVIDER.
INDEMNIFICATION
The Customer shall defend, hold harmless, and indemnify the Company and any of its affiliates against any and all losses, claims, costs, liabilities, damages (including any loss of, or damage to, any property of, or injury to or death of, any person) and expenses suffered or incurred by Company, affiliates, their respective directors, officers, employees, and agents (the Indemnified Persons) arising from or in connection with any acts or omissions by the Customer under this GST, applicable Laws or arising directly or indirectly out of the performance or actions made by the Customer before, during, and after the Services.
The Customer shall defend, hold harmless, and indemnify the Company and any of its affiliates from and against any levies, demands, or claims that the relevant authorities may make against the Indemnified Persons or any payments made by the Indemnified Persons in respect of tax demands (including in respect of Tax) or other charges or contributions relating to the provision of the Services, which the Customer is liable to pay.
BREACH COMMITTED BY THE CUSTOMER
Any breach committed by the Customer under the terms and conditions herein set forth, the Company reserves the right to terminate, cancel, or suspend the subscription, coupon, reject availment or redemption, and reserve the right to seek judicial or quasi-judicial relief against the breach committed by the Customer. Furthermore, aside from the relief mentioned above, the Company may seek damages and apply for any special civil actions, such as but not limited to temporary or permanent restraining orders, injunctions, attachments, and other reliefs as provided under the law.
The Customer shall reimburse any costs associated with the enforcement of the reliefs incurred by the Company.
TERMINATION AND SUSPENSION OF ACCOUNT
The Company reserves the right to terminate or suspend the relationship with the Customer or Account at any time, without incurring any liability, by providing notice to the Customer.
NOTICES
Notices shall be sent either via email or SMS. Notices to the Company will be sent to the customer service email address provided in this agreement.
SPECIAL REPRESENTATIONS
The Customer acknowledges that they fully understand and agree to the terms outlined in this agreement. This agreement is not an adhesion contract, and the Customer has no further reservations regarding the contents of this GST.
GOVERNING LAW AND JURISDICTIONS
The Parties agree that the laws of the United Arab Emirates will govern the terms and conditions, as well as the relationship of the Parties. In case of any dispute arising hereof, either Party has the right to bring this matter to the exclusive jurisdiction of the Dubai International Arbitration Center (DIAC) under its rules on arbitration. The arbitrator shall be one (1), and the same shall be exclusively appointed by the Company. The language of the arbitration shall be English, and the seat shall be in Dubai. The decision of the tribunal shall be final and executory.
GENERAL PROVISIONS
Nothing in this GST shall be deemed to constitute a partnership between the Parties, nor constitute either Party constituting or becoming the agent or the employee of the other Party for any purpose.
The rights of each Party under this GST:
- May be exercised as often as necessary;
- Are cumulative and not exclusive of rights or remedies provided by law, and may be waived only in writing and specifically.
Delays in exercising or non-exercising any such right are not waivers of that right.
Amendments: Any amendment of this GST shall be exclusively by the Company, and the same shall be binding on the Parties.
If any term of this GST is found to be illegal, invalid, or unenforceable in any jurisdiction, that shall not affect:
- the legality, validity, or enforceability in that jurisdiction of any other term of this GST; or
- the legality, validity, or enforceability in other jurisdictions of that or any other provision of this GST.
The language of this GST is English.
Any Affiliate of the Company may enforce the terms of this GST against the Customer.
This GST, the documents referred to in it, and any agreements relating to this GST entered into between the Parties constitute the whole agreement between the Parties relating to the transactions contemplated hereof and supersede all previous agreements between the Parties relating to those transactions.
