TERMS AND CONDITIONS

These terms and conditions (“T&Cs”) read in conjunction with the Privacy Policy govern your use of the application and website www.malenaapp.com(“Platform”).

The term “you” “your” (or a similar reference) refers to you as the user of the Platform and the term “us” “our” “we” refers to the owner of the Platform being Malena APP LLC (domiciled in the United Arab Emirates) and its related entities and subsidiaries.

These T&Cs are deemed to apply to anyone viewing this Platform and not only those that are registered to use the services within the Platform.

By using or viewing the Platform, you consent (without any limitation or qualification) to the T&Cs which forms a valid and binding contract between us. Please DO NOT USE the Platform if you do not agree to the T&Cs.

CONTENT OF THE PLATFORM

The Platform is a technology platform that allows users to browse, book and may be also earn loyalty reward points and book cosmetic, aesthetic or dental services (“Services”) by registered medical services providers (“MSP” or “MSPs”) via the Platform.

We do offer a method for you to rate Services that are personally experienced where each user is solely responsible for their own experience and ratings.

We do not provide (or intend to provide) the Services ourselves and neither do we recommend any of the Services. We have no responsibility or liability in connection with any Services that are provided to, or sought to be provided to users by any of the MSPs.

ACCESS TO PLATFORM

The Services are accessible through the Platform. We do not guarantee the quality or accuracy of any content on the Platform.

Subject to your compliance with these T&Cs, we grant you a limited, non-exclusive, non-transferable license to:

(i) access and use the Platform solely in connection with your use of the Services; and

(ii) access and use any content, information and related materials that may be made available through the Services, in each case solely for your personal and non-commercial use. Any rights not expressly granted in these T&Cs are reserved by us.

You may register to book Services through the Platform. You need to complete the registration for Services on the Platform by providing basic information. Please ensure this information is accurate and true. If in future your registration information changes, please use the option available to amend your details. You will also have the option to amend the details on your user account on the Platform through your personal account page. Upon successful completion of registration, you will be provided with a username and password and it is your responsibility not to share this information with anyone and to ensure your username and password is kept secret. Registration is restricted to one user per registration and is not transferable to any third party.

We retain complete rights at any time and without reason, advance notice, limitation or liability, to terminate or restrict your access to the Platform or not accept or decline registration of a user account and/or to not accept or decline requests for Services.

In the event you lose details to your username and password to the Platform please notify us immediately

Upon registration you accept to receive emails from us for the receipt of information, advertisement, confirmation and registration on the Platform and relevant to the Services.

The Platform does not deal with nor wishes to deal with, any individual, user or entity that has international sanctions (whether trade, military, economic or otherwise) against them by an international, national or regulatory authority. If you are one of such sanctioned individuals, belong to a sanctioned country or entity or region, or regularly deal with sanctioned individuals/entities, please DO NOT use the Platform. The Platform and Us do not and will NOT deal or provide any services or products to any of OFAC (Office of Foreign Assets Control) sanctions countries in accordance with the law of UAE.

REFER-A-FRIEND

You may be requested to refer friends to us in which case you will be asked to provide their email address and phone number. We will send emails or messages to each of your referred friends. By disclosing your friends contact details, you confirm that you have provided their contact details to us, with their consent.

USE OF PLATFORM

You may only use the Platform to genuinely read about the Services, contact us or for legitimate transactions like making bookings. You may not use the Platform to transfer viruses, contaminating or destructive features or trojans, make any false, fraudulent or speculative reservation or to post or transmit any unlawful, defamatory, threatening, indecent, obscene, pornographic or profane material or any material that will constitute or encourage conduct that would be considered a criminal or civil offense or otherwise violate any law. You may not use the Platform for any purpose that is unlawful or is prohibited by these T&Cs.

PLATFORM MATERIALS

All information contained in this Platform including photographs and descriptions of Services (“Platform Materials”) are by way of illustration purposes only and are subject to change. By using this Platform you waive any claim against us for any inaccuracy in the Platform Materials.

YOUR REPRESENTATIONS AND WARRANTIES

When you use this Platform, you make the following representations and warranties to us:

  1. You are of 18 years and older, are legally allowed to view the Platform and transact via the Platform (if and as required).;
  2. You are aware that Services via the Platform can currently be accessed only in the United Arab Emirates;
  3. You have provided valid, true and accurate information at the time of registration on the Platform;
  4. You consent to your registration information being used for the booking of Services and transferred to the MSPs and for use, storage and dissemination in accordance with these T&Cs and our Privacy Policy;
  5. The Platform and any content on and from the Platform will be used for your own personal use only in accordance with the T&Cs;
  6. The security of your username and password on the Platform shall be your sole responsibility and you will immediately notify us if you lose access to your user account;
  7. In accessing the Platform you will not seek to interrupt, interfere or act in any manner whatsoever that may be contrary to the T&Cs or the laws of the United Arab Emirates;
  8. You will not commercialize the Services;
  9. It is your responsibility to ensure you are certain and understand all aspects of any Services prior to making any bookings. Once a booking is made through the Platform, any cancellations shall be in accordance with the Cancellation Policy in these T&Cs. A booking is complete once you accept and pay for it, irrespective of whether or not you subsequently use the Services;
  10. Downloads from the Platform are not permissible;
  11. We are not a producer, supplier, seller or reseller of the Services;
  12. We do not recommend or advise upon any particular Services or MSPs;
  13. Any contract for supply of Services is strictly between you and the MSPs;
  14. You are solely responsible for any disclosures of information you make to the MSPs;
  15. We do not make any guarantees or representations about the quality, timeliness, safety or delivery of the Services and you agree that we are relieved and indemnified from any issues or claims between you and the MSPs or anything related to the Services;
  16. The Services depend on the respective MSPs in their entirety and in all respects;
  17. The accuracy of the bookings you make via the Platform depend on you.

SERVICES

It is your responsibility to ensure you are certain and understand all aspects of any Services. Once Services are accessed and booked through the Platform, cancellations are not permitted unless otherwise agreed by us and the MSP.

Each of the Services are subject to further terms and conditions and we advise that you carefully read the specific terms or conditions of each Service prior to completing your booking. You will be bound by these T&Cs and the specific terms of the Services, and if there is any inconsistency between the specific terms of the Services and these T&Cs, the specific terms of the Services will prevail.

The Platform acts only as a conduit for you to acquire Services from MSPs provided that all Services advertised on the Platform are subject to the specific terms and conditions attached with each of the respective Services. Accordingly, we have no liability whatsoever for any Services and you expressly agree and acknowledge that your sole and exclusive rights and remedies with respect to any Services advertised on the Platform are against the respective MSP and not against us. Taking into account the above mentioned exclusion of liability, in case any liability is established by a UAE Court in a matter against us, you expressly acknowledge and agree that the maximum limit for any liability claim shall not in any event exceed the amount contributed by you to us in respect of the specific Service to which any liability relates.

Payments made via the Platform may be accepted using Visa and MasterCard credit/debit card in AED (United Arab Emirate Dirhams) or any other agreed currencies and in such case your credit/debit card will be immediately charged when bookings are made. All credit/debit card details and personally identifiable information will NOT be stored, sold, shared, rented or leased to third parties. If you book Services on the Platform, the details you are asked to submit will be provided directly to our payment provider via a secured connection. The cardholder must ideally retain a copy of the transaction records, details of bookings and MSP policies and rules. Multiple transactions may result in multiple postings to the card-holders’ monthly card statement. Please refer to our Privacy Policy for more information. You may be required to upload a copy of your verifiable and legally issued identification for vetting your bookings on the Platform and verifying your identity, which you consent to do, if requested. If you decline to verify your purchase or your identity, your booking may not be processed or accepted.

If you decide to purchase any products directly from the MSP, you are solely responsible for such products purchase and we hold no liability in this respect.

BOOKINGS

Once a booking is made, the confirmation will be sent to you electronically to your email address subject to the terms of the specific Services. You hereby accept and agree that the relevant MSP is responsible for honouring the Services booked by you. All promotional material that may be used on the Platform with respect to Services are provided by the MSP and you agree that we have no liability or responsibility in respect of such material. If you are not satisfied with any Services, then we welcome feedback through an email to info@malena.ae so that we may take this into account for future Services offered by the relevant MSP.

No bookings may be sold, transferred or otherwise redeemed for cash.

With respect to credit card and debit card transactions, please note it is your responsibility to check with your bank first prior to making a booking that they do not levy any additional service, loyalty or convenience, finance, foreign exchange or other charges and fees for use of such cards. We will not be held responsible or liable for any excess charges made by banks to your credit or debit card.

In future we may offer other modes of payment and in such case you will still be liable in accordance with the above provision for any excess or associated charges.

GIFT CARDS

We may offer you the option to purchase gift cards on the Platform or add cash value to an e-wallet. These options will be subject to additional terms and conditions.

CANCELLATION

A booking may only be cancelled by the MSP or by us in which case you will be notified electronically and the amount paid by you may be applied towards your next booking through the Platform. Please contact info@malena.ae if you have not received credit into your account after a cancellation is approved.

When a Booking is Cancelled From a Patient Within 48 hour of your appointment a 5% Cancelation Fee applies. All Bookings May be cancelled before 48 Hours to avoid the Cancellation Fee of 5% .

PROMOTIONS

We may offer promotions or vouchers to registered users free of charge or through a specific value proposition and such promotions or vouchers cannot be transferred, exchanged or redeemed for cash or used beyond their end date and will come with their own specific and separate terms which you should read carefully. You are solely responsible for keep the vouchers you obtain, safe and secure and for using these vouchers, responsibly. We are not obligated to honor any vouchers that we believe are tampered with or that do not comply with this provision or the applicable terms.

REFUNDS

As a general rule, all contributed amounts are non-refundable.

If any issue arises with your booking such that you feel you are entitled to a refund or exchange, then we will endeavour to assist you in this respect with discussions with the relevant MSP. To the extent any refund is approved, we reserve the right to provide this as a credit against your future bookings. This credit will always be provided less any credit card or debit card or administrative and finance charges that we have had to incur during your bookings. Refunds will always be done only through the original mode of payment.

EXTERNAL SITES

The Platform may include advertisements with external links on separate web pages (“External Sites”). Once you click or access these External Sites, you will leave the Platform. We do not investigate, review, endorse, represent or control the content of any of External Sites, unless otherwise expressly stated in the T&Cs. We will not be responsible or held accountable for the content displayed on External Sites and you will access these External Sites at your sole risk. You also agree not to link any other Platform or External Sites to the Platform without our express prior written consent and approval. External Sites may send their own cookies to you or otherwise collect data or solicit personal information and you are responsible for checking the External Sites to locate and review its terms and conditions and privacy policy and you hereby acknowledge that you access, browse, link and/or bookmark the External Sites at your own risk.

Some of the advertisements you see on the Platform may be selected and delivered by third parties, such as ad networks, advertising agencies, advertisers and audience segment providers. These third parties may collect information about you and your online activities, either on the Site or on other websites, through cookies, web beacons, and other technologies in an effort to understand your interests and deliver to you advertisements that are tailored to your interests. Please remember we do not have access to, or control over, the information that these third parties may collect. The information practices of these third parties are neither covered in these T&Cs nor in our Privacy Policy.

SUBMISSIONS ON THE PLATFORM

You are welcome to contact us directly at any time with information, reference, ideas, concepts, know-how, techniques, comments or suggestions

Any information, reference, ideas, concepts, know-how, techniques, comments or suggestions that you may submit to us through the Platform shall be deemed and always remain our sole and exclusive property. We will be entitled to use or disseminate such information for commercial or other purposes at our sole discretion without any obligation to compensate or remunerate you.

INTELLECTUAL PROPERTY

The entire content of the Platform including but not limited to text, designs, graphics, photographs, video, interactive presentations, photographs, logos, text, arrangements and layouts are our sole and exclusive property or are licensed to us and all rights are reserved. All trade marks and trade names including [insert all your trade names and associated web links that you intend to use for this project] and all other derivatives thereof including the trade marks appearing on the Platform are proprietary to us and may only be used by licensees to whom we specifically grant or license such rights. You agree not to use, disseminate, publish or reverse engineer any content or other intellectual property rights in this Platform without our prior written consent.

SURVIVABILITY

If a court in the United Arab Emirates finds any part of the T&Cs (or part of it) unenforceable or invalid then such part shall be deemed deleted and the rest of the T&Cs shall continue to be in full force and effect to the fullest extent permissible by the applicable laws.

AMENDMENT

We reserve the right to change any content on the Platform including the T&Cs and Privacy Policy without any notice. The most recent version of the T&Cs and Privacy Policy will always be available at the link on the Platform and that version available at the time of making a booking will apply to the booking therefore you are encouraged to visit the Platform and read these T&Cs prior to making any booking so you are updated accordingly.

NOTICES OR COMMUNICATION

Any notices or contact under the T&Cs or Privacy Policy may be delivered to you electronically and such notification shall be deemed valid.

Notices or communication to us can be delivered electronically at info@malena.ae

We welcome all feedback and communication so please let us know how you enjoy the Platform and whether we can make it a better experience for you.

GOVERNING LAW AND JURISDICTION

The T&Cs apply to your use of the Platform and are compliant with the applicable laws of the United Arab Emirates. By using the Platform you expressly consent and agree to the governing law and jurisdiction of the United Arab Emirates over the terms of use and any dispute over the content of the Platform shall be subject to the exclusive jurisdiction of a single arbitrator under the rules of the DIFC-LCIA with the seat in Dubai, United Arab Emirates irrespective of your geographical location.

TERMINATION

We reserve the right to cancel or block access to this Platform in respect of any user(s) or refuse Services at anytime without notice. We also reserve the right at anytime, and for any reason to terminate this agreement in respect of any user(s) upon written notice by email.

You may terminate your agreement with us by sending us written notice or stopping your use of the Platform.

EFFECTS OF TERMINATION

1. Termination of the agreement made between us in these T&Cs does not affect either party’s accrued rights or liabilities

2. We may make a change to the T&Cs at any time without notice and You agree to be bound by such changes.

3. The T&Cs are governed by the laws of United Arab Emirates.

DISCLAIMER

You are using the Platform at your own risk. We do not make any warranties or representations, whether express or implied, arising out of law or otherwise in relation to the accuracy of the content on the Platform or the quality or quantity of any Services or activities provided by any MSP, and we assume no liability or responsibility for any errors or omissions in the content of the Platform or in respect of any other issue with such goods, services or activities. We may make changes to the content or material in the Platform without any prior notice. We are not under any commitment to update any content or material on the Platform.

We reserve the right at all times to disclose any information that you may provide to us through the Platform, to our legal representatives and advisors and any governmental or federal authority in the United Arab Emirates without any prior notice or prior consent requirement.

We shall not be held responsible or accountable to you or any third party relying on you and in this respect you agree to fully indemnify us, for any loss, injury, claim or damage whether direct, indirect, consequential or punitive costs, liabilities, expenses, damages or otherwise that may be suffered by you through using this Platform or Services. We shall not be liable in respect of any virus, contaminating or destructive features or trojan that may affect your computer as a result of your use or access or interruption or inability to use or access the Platform and/or any External Sites. You hereby waive any and all claims against us, our employees, shareholders, subsidiaries, divisions, affiliates, representatives, agents and licensors, arising out of your use or access or interruption or inability to use or access the Platform. We do not provide any warranties, whether express or implied, to you through the use of the Platform.

Last Updated on April 2018

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