MALENA APP PORTAL LLC WEBSITE AND MOBILE APPLICATION TERMS & CONDITIONS
- In these Terms and Conditions (hereinafter “Terms”) “we”, “us”, “our” or the “Company” refers to Malena App Portal LLC, a limited liability company holding trade license no. 1395568 which operates an online platform, through its website and mobile application (hereinafter “Platforms”), that allows medical service providers in the cosmetics industry including, without limitation plastic surgeons, aestheticians and clinics registered on the Platforms (hereinafter “MSP(s)”) to provide information to and connect with users of the
- “User(s)” refers to MSPs, any person who has a registered account on the Platforms or any other person visiting the Platforms regardless of whether they use the services. Any reference to the term “you” shall refer to
- Users shall use the Platforms to browse available offerings including, without limitation gift cards, vouchers or discounts and earn loyalty reward points offered by the Company (hereinafter “Promotions”). Users shall further use the Platforms to book cosmetic, aesthetic and/or dental procedures administered by MSPs (hereinafter “MSP Services”). Hereinafter, Promotions and MSP Services shall collectively be referred to as the “Services”.
- Any Users of the Platforms hereby understand and acknowledge that we do not provide any healthcare advice or consultations. The Platform is solely for exchanging information pertaining to the
- We reserve the right to amend these Terms at any time without notice and the User’s continued use of the Platforms following the amendments represents the Users’ agreement to be bound by the Terms as amended. It is hence the responsibility of each User to review these Terms regularly while using the
- The contents of the Platforms, such as text, graphics, images, information obtained from the Company’s licensors, and other material displayed on the Platforms (hereinafter “Content“) are for informational purposes only. The Content is not intended to be a substitute for professional advice, diagnosis, or treatment. Users shall never disregard professional medical advice or cause a delay in seeking professional medical advice based on information gathered from the Content.
- In the event of a crisis or a life-threatening situation, you are strongly advised seek immediate aid from your local emergency services and to not use the Platforms for any sort of medical advice or aid. The Company does not recommend or endorse any specific tests, diagnosis, products, procedures, opinions, or other information that may be mentioned on the Platforms. Reliance on any information provided by the Company, its affiliates or otherwise is solely at your own
- The Platforms may include advertisements with external links on third party websites (hereinafter “External Sites”). We do not investigate, review, endorse, represent or control the content of any of External Sites, unless otherwise expressly stated in these Terms. We shall not be held responsible or assume any liability towards the content displayed on External Sites. External Sites may collect your data, send cookies, solicit personal information or otherwise and you are responsible for reviewing the External Site’s to 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.
- We may also select certain websites as priority responses to search terms that you enter, and we agree to allow advertisers to respond to certain search terms with advertisements or sponsored content. We do not recommend, nor do we endorse the content on any third party websites. We are not responsible for the content of linked third party websites, websites framed within our Platforms, third party websites provided as search results, or third party advertisements, and do not make any representations regarding their content or accuracy. Your use of third party websites is at your own risk and subject to the terms and conditions of use for such sites. We do not endorse any service advertised on the
2. ACCEPTABLE USE
- In order to use the Platforms Users, including MSPs, will be required to create an online account by providing an e-mail address, password and other similar information. Users will then be required to login to their online account by inputting the username and password as well as any other login credentials that may be provided by the
- We implement safety measures to secure User login information; however, it is the sole responsibility of the User to keep this information secure and not disclose it to any other third party on the Platforms or otherwise. We therefore do not accept responsibility and shall not be held liable for misuse of your account in any manner due to your disclosure of your account details and access information to third
- In the event your account access information has been lost, stolen or otherwise disclosed, you must you must immediately change the password through the account settings feature on our Platforms, or immediately notify
- Users agree to create only one account on the Platforms and acknowledge and accept that their account on the Platforms is non-transferable and may not be sub-licensed or used by any person other than the individual who created the account. In the instance of such an event, the Company reserves the right to ban, disqualify or suspend a User’s
- Users agree not to use the Platforms in any way or action that may:
- cause damage to, or impair the performance of, the Platforms, inclusive of its availability and accessibility to Users and the Company;
- be illegal, fraudulent or harmful to any person or company in any direct or indirect manner and;
- use the Platforms to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, trojan horse, worm, keystroke logger, rootkit or other malicious computer
- Users agree that they shall not engage in any of the following activities in connection with your use of the Platforms:
- post information or material on the Platforms, inclusive of the online communication portals, that is obscene, defamatory, threatening or malicious in nature or any material or information that is prohibited by law;
- publish any copyright material, or material protected by any other intellectual property rights, unless legal right to use and post such material has been obtained and is valid at the time of posting;
- infringe or use the Company’s brand, logo(s) and/or trademark(s) in any business name, e-mail, URL or other context unless expressly approved in writing by the owner of the intellectual property as applicable;
- attempt to circumvent any protective technological measure associated with the Services;
- attempt to access or search the Platforms or any Content contained therein through the use of any engine, software, tool, agent, device or mechanism (including scripts, bots,
spiders, scraper, crawlers, data mining tools or the like) other than through software generally available through web browsers;
- post, upload, transmit or otherwise distribute chain letters, pyramid schemes, advertising or spam;
- impersonate or misrepresent your affiliation with another person or entity;
- harvest or otherwise collect information about others, including telephone numbers;
- interfere with or disrupt any of the associated computer or technical delivery systems;
- interfere with, or attempt to interfere with, the access of any User, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Platforms;
- fail to respect another User’s privacy. This includes revealing another User’s password, phone number, e-mail address or any other personally identifiable information;
- use the Platforms, or any Content on the Platforms in any manner not permitted by these Terms.
- The User acknowledges that the Company may store, record or document any information exchanged between Users and the Company and that the Company uses the most up-to date applications and security systems to ensure that all data entered online, through the Platforms, is
- Users must ensure the accuracy and authenticity of any and all the information they supply to us through the Platforms including, but not limited to personal data as well as information supplied by the User on behalf of any third party the User wishes to refer to the
- Users accept responsibility for the quality of any information supplied in any form, whether text, audio, video, or as images. We shall not be held responsible for any misinterpretation of information due to unclear images, videos or audio or ambiguously worded
- Users further accept that any reviews or comments they may wish to post on the Platforms with respect to the Services shall be subject to the approval of the Company. Under no circumstances will the Company be liable for approving any such reviews or comments that may be deemed offensive, defamatory or
- The User acknowledges that the Company will process personal data including but not limited to names and e-mail addresses in order to provide the Services, make improvements to the Platforms and prevent unauthorised use of
- The User agrees the Company is not responsible now or at any time in the future for any unauthorised access including, but not limited to any virus or other harmful code that may infect the User’s computer, tablet, smartphone or any other such device as a result of using the Platforms.
- The User shall be responsible for obtaining, maintaining and setting up any equipment and/or hardware required to access and use the Platforms and the User shall take responsibility for the protection of this equipment and/or hardware by using up to date virus protection, personal firewalls and any other suitable measures the User deems
- The User understands that the Company cannot be held liable in the event where one or both Platforms transmit information that has been accessed, altered and/or
- The User accepts that the Company may be required to suspend access to the Platforms for periodic maintenance or unforeseen downtime and may do so at its own discretion without serving
- All interactions between Users and the Company must be carried out in a responsible, ethical, professional and legal
- We may (but are not obligated to) do any or all of the following without notice:
- record or pre-screen submissions to public areas within the Platforms;
- investigate your use of the Platforms as we deem appropriate to comply with any applicable law, regulation, government request or legal process;
- remove any User content which we believe does not comply with these Terms;
- terminate your access to the Platforms upon our determination that you have violated these Terms; and
- edit the Platforms and any Content without
- The Services on the Platforms shall be made available to Users of the minimum age of eighteen (18). We are committed to protecting the privacy of children. Hence, we do not encourage persons under the age of 18 (“Child”) to use the Platforms. If a Child would like to use the Services, he/she should take the assistance of a parent/guardian/adult authorised with that Child’s supervision. We do not personally collect identifiable information from any person we know is a Child. If the MSP is made aware of the fact that it is communicating with a User who is a Child, the MSP must report that User to us immediately via our customer care e-mail address, email@example.com Should the MSP be remiss in providing us with this notification, both the MSP and the User will be deemed as having violated our
3. REDEEMING PROMOTIONS
- The Company may offer Promotions to registered Users of the Platforms. Any such Promotions have separate terms and conditions which the User must comply with (hereinafter “Promotional Terms”). Users are hence advised to review these Terms as well as the Promotional
- Pursuant to Clause 3.1, Users understand that the Company will exercise its sole discretion in determining whether Promotions will be offered free of charge or through specific value propositions including, without limitation
- Users acknowledge that Promotions cannot be used transferred, exchanged or redeemed for any compensation whatsoever. Users further acknowledge that Promotions cannot be used beyond their end
- The Company shall not be held responsible for any liability, insurance policies or costs incurred as a result of unauthorized use of the Promotions. Users agree that the Company will not be obligated to honour any Promotion where:
- The Company believes that Users have directly or indirectly tampered with the Promotion(s); or
- Users do not comply with the applicable Promotional
4. BOOKINGS FOR MSP SERVICES
- Upon accessing the MSP Services, Users will be asked to consent to being bound by these Terms as well as terms and conditions pertaining to each registered MSP (hereinafter “MSP Terms”). Users are hence advised to review these Terms as well as the MSP Terms prior to confirming any appointment made through the Platforms. If a User does not wish to consent to our Terms and/or MSP Terms, we reserve the right to refuse to that User access to the Platforms.
- In the event of an inconsistency between these Terms and the MSP Terms, the MSP Terms will prevail.
- Users hereby acknowledge that the MSP is solely responsible for providing the MSP Services in accordance with any such bookings. All Users of the Platforms further understand that the Company does not provide (or intend to provide) MSP Services, nor does the Company recommend any MSP Services and/or products that may be sold by the MSP. The Company has no responsibility or liability in connection with the MSP Services that are provided to or sought to be provided to any Users. The Platform is solely for dispensing information pertaining to the Services.
- Any bookings for MSP Services made on the Platforms will be deemed complete once Users accept and pay for any such booking, irrespective of whether or not Users subsequently utilize the MSP
- No appointments made by Users through the Platforms can be sold, transferred or otherwise redeemed by Users in exchange for a
- In accordance with Clause 4.1, Users understand that MSP Services booked through the Platform cannot be cancelled unless otherwise agreed by the Company and the MSP and communicated to the User, in writing, via e-mail
- Where a cancellation request is made by the User within forty-eight (48) hours of an appointment and any such request is approved by the Company and the MSP pursuant to Clause 4.6, a five percent (5%) cancellation fee shall
- Where a User is unable to access MSP Services through no fault of the User, the Company may, at its sole discretion, credit some or all of the amount already paid by the User against future
- Users acknowledge that they are solely responsible for ensuring that they do not levy any additional service, loyalty, convenience, finance, foreign exchange or other charges and fees in exchange for using credit cards or debit cards to complete transactions on or through the Platforms. The Company is not liable for any excess charges imposed by banks or any other such financial
5. MSP MARKETING
- On the request of the MSP, the Company may develop, plan and implement digital marketing strategies to promote the MSP on its Platforms in exchange for a monthly compensation (hereinafter “MSP Marketing Strategy”).
- Any MSP on a three (3) month , six (6) month or (12) Month subscription plan with the Company shall agree, in writing, upon the MSP Marketing Strategy to be implemented by the Company at least ten (10) working days before launch. The MSP may, at its sole and reasonable discretion, authorise the Company to automatically withdraw any sums owed for the MSP Marketing Strategy within the first week of each month over the course of the subscription plan using card details stored on the Platforms in accordance with the Terms of Payment. The Company shall not begin developing, planning and implementing any MSP Marketing Strategy until such time it has received any amounts owed by the MSP. MSPs shall further be responsible for providing to the Company reasonable quantities of digital advertising material including sales promotion aids, displays and blog posts (hereinafter “Marketing Material”) in accordance with the MSP Marketing
- The User acknowledges that Marketing Material shall be published exclusively on the Platforms.
- The Company reserves the right to edit, amend, or otherwise modify the Marketing Material to align any such Marketing Material with the Company’s branding
- Marketing Material that has been edited, amended, or otherwise modified will be sent to the MSP for approval. In the event that the MSP does not provide any such approval within two (2) working days of receipt, the Company reserves the right to post any such Marketing Material or utilise such material in any form or manner as it deems
- Any such Marketing Material published by the Company upon review and approval by the MSP, will not be removed, deleted or otherwise erased from the Platforms at the request of the MSP.
- Under no circumstances will the Company be liable for the accuracy and legitimacy of the Marketing Material submitted by the MSP regardless of whether approval from the MSP was obtained. The User acknowledges that any reliance on the Marketing Material is at the risk of the
- In the event the MSP wishes to cancel an MSP Marketing Strategy subscription, the MSP shall pay a cancellation fee amounting to the value of any sums owed in exchange for one (1) month of the MSP Marketing Strategy
6. USERS’ REPRESENTATIONS
While using the Platforms, you make the following representations and warranties to the Company:
- You are eighteen (18) years of age or older and are legally allowed to use the Platforms (if and as required);
- You consent to the use of your personal data for the booking of MSP Services;
- You agree that any contract for supply of MSP Services is strictly between you and the MSP;
- You acknowledge and understand that you are solely responsible for any information you may choose to disclose to MSPs; and
- You will not commercialize the
- Subject to the express provisions of these Terms:
- we own and control all the copyright and other intellectual property rights in the Platforms and the material used on the Platforms; and
- all the copyright and other intellectual property rights in the Platforms and the material used on the Platforms are reserved by
- All materials posted on the Platforms or submitted by the Users to the Company are protected by the relevant copyright laws. We authorise you to view or download a single copy of the material on the Platforms solely for your personal, non-commercial use if you include the copyright notice located at the end of the material, for example: “©2019, Malena App Portal LLC. All rights reserved” and other copyright and proprietary rights notices that are contained in the Content. Any special rules for the use of certain software and other items accessible on the Platforms may be included and are incorporated into these Terms by
- Any use of the materials not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws. Content and features are subject to change or termination without notice in the editorial discretion of the Company. All rights not expressly granted herein are reserved to the Company and its
- If you violate any of these Terms, your permission to use the materials automatically terminates and you must immediately destroy any copies you have made of any part of the
- Users are responsible for taking all reasonable steps to ensure that no unauthorized person receives access to your passwords or accounts. You grant us and all other persons or entities involved in the operation of the Platforms and the Company a right to transmit, monitor, retrieve, store, and use your information in connection with the operation of the Platforms. We cannot and do not assume any responsibility or liability for any information you submit, or your or third parties’ use or misuse of information transmitted or received using Platforms tools and services.
8. AUTHORIZATION AND ACKNOWLEDGEMENT
- When a User visits the Platforms or sends us e-mails, they are communicating with us electronically, and they hereby consent to receive communications from us electronically. We will communicate with Users by e-mail or by posting notices on the Platforms. Users agree that all agreements, notices, disclosures and other communications that we provide to Users electronically satisfy any legal requirement that such communications be in writing. Users agree to provide us with, and maintain on their Platforms account profile, including their current and active e-mail
- If Users do not wish to receive certain communications from the Platforms, they have the ability to opt out by declining the service offered or by informing us that they no longer wish to receive such communications. Further information on the opt-out feature and instructions for its use are available on the Platforms or may be provided via e-mail upon request. We will comply with your request to opt-out unless such communications are necessary for the administration and subsequent use of your account, required by law, or necessary to protect our
- We may share Users’ personal information with the Company’s affiliates and partners and third parties licensed to access User personal information. We sometimes provide aggregated usage or tracking information collected from the Platforms to third parties. We may also provide certain User personal information to third parties which provide services to us in operating the Platforms or our businesses, such as account services, web hosting, software development and information
- In accordance with the European Union General Data Protection Regulation 2016/679 of 27 April 2016 (hereinafter “GDPR”), we shall implement relevant data protection procedures in order to ensure compliance with the GPDR. Users of the Platforms residing in the European Union and/or within the applicable jurisdiction of the GDPR regardless of whether the processing of data takes place in the European Union will be subject to the protection mechanisms prescribed
9. TERMS OF PAYMENT
- We accept payment via Bank Transfer, credit card and debit card. Our prices are set in United States Dollars (hereinafter “USD”) and are inclusive of any applicable
- In the event you pay by card, your card will be charged in USD. If your card is in another currency, your card issuer will convert the USD amount into your card’s currency and may charge a fee. The exchange rate and any additional transaction charges are set entirely by your card issuer and these amounts may be deducted
- If Customers make payment(s) via credit/debit card, the details submitted are provided directly to our payment provider via a secure connection and in accordance with our Terms of Payment
- Subject to Clause 4.8, all contributed amounts are non-refundable.
- You agree to provide correct and up-to-date billing information and to maintain your billing details as necessary throughout your use of the
- We aim to take reasonable care towards keeping your personal and transactional information private and confidential. However, any information provided to us is at your own risk. We assume no liability in the event this information has been misused by a third
- We do not warrant or represent:
- the completeness or accuracy of the information published on the Platforms; and
- that the Platforms, in whole or in part, will remain accessible and available for
- We reserve the right to discontinue, alter, modify, change or otherwise, all or any part of the Platforms, and to stop publishing at any time, at our sole discretion, without any notice or explanation. As a result of any discontinuation, alteration, modification, change or otherwise, Users shall not be entitled to any form of compensation or other payment upon any such discontinuance or alteration of the
- We hereby exclude any and all other representations and warranties relating to the subject matter of these Terms, the Platforms and use of the Platforms in any manner other that expressly stated
11. LIMITATION OF LIABILITY
- In no event shall the owners, directors, employees, agents, or licensors of the Company be held liable for any loss or damages of any kind including, without limitation, lost business, personal injury, inaccurate information, or any other loss incurred in connection with the Users use, misuse, or reliance upon the Platforms or the Content, or their inability to use the Platforms, regardless of the cause and whether arising in contract, tort (including negligence), breach of statutory duty or
- Our Platforms and its Content shall not be used for medical emergencies or urgent health matters.
- We will not be held liable for any Content uploaded onto or downloaded from the Platforms. Any Content uploaded to or downloaded from the Platforms shall be the sole responsibility of the Users. The Company shall not be held liable for any Content which has been lost, stolen, destroyed, or otherwise whether uploaded to or downloaded from the Platforms with or without the consent of the
- We shall not be held responsible for the quality, accuracy or legitimacy of any information provided to (a) the Company from Users or (b) to Users through the Platforms. You hereby acknowledge and agree that your acceptance of information provided to the Company is of your own choice and we shall not be held liable for any loss or damage resulting from your reliance on any information, conversations or Content thereof made available to
- Users accept that we have an interest in limiting the personal liability of our partners, officers, employees and representatives and, having regard to that interest, Users agree that they will notbring any claim against the Company or any of our partners, officers, employees and/or representatives in respect of any losses they suffer in connection with the Platforms or these Terms.
12. RESTRICTION OF ACCESS
- We reserve the right to ban, disqualify, or otherwise restrict access to the Platforms of any User who has been found to have violated the Terms herein, under the sole discretion of the Company, or who is otherwise found to have violated any laws or regulations of any relevant governing authority with regards to appropriate online conduct and
- Should your account be banned, the period of your ban shall be determined at our sole discretion and shall depend on the seriousness of your violation of our Terms or of the relevant law. You shall be notified of the length of your ban through e-mail
- If your account has been placed on a ban, we expect you to oblige and act in good faith. You must not create a new account under another username and e-mail address on our Platforms or on any of our affiliate websites which have been modified to geographically suit Users.
13. TERMINATION AND MODIFICATION
- You may choose to terminate your use of our Platforms herein at any time by sending us an e-mail at firstname.lastname@example.org regarding your decision to discontinue use of our Platforms, following which we will delete or suspend your account within five (5) working days from the date of the e-mail.
- Users agree that we may, under certain circumstances and without prior notice, discontinue, temporarily or permanently, the Platforms (or any part thereof) or eliminate your account and remove any Content that has been made available to you through the Platforms, with or without notice, for any of the following reasons (which are not intended to be exclusive):
- breaches or violations of these Terms or other incorporated agreements or guidelines entered into with the Company;
- requests by law enforcement or other government agencies;
- discontinuance or material modification to the Services (or any part thereof);
- technical or security issues or problems;
- extended periods of inactivity; and/or
- your engagement in fraudulent or illegal
- Users agree that all terminations for cause shall be made at our sole discretion, and we shall not be liable to you or any third party for any termination of your account or access to the Platforms.
- The Platforms and its Content are provided on an “as is” basis, without warranty of any kind, either express or implied. Without limiting the foregoing, we expressly disclaim any warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, quiet enjoyment or non-infringement, and any warranties arising out of course of dealing or usage of
- We make no warranty that the Platforms or the Content will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty as to the accuracy, timeliness, completeness or reliability of any Content obtained through the Platforms. No information provided through the Platforms or by us in oral or written form will create any warranty not expressly made herein your reliance upon the Content obtained or used by you through the Platforms is solely at your own
- You understand that we do not assume responsibility for screening any User of the Platforms nor do we provide professional
Users agree to defend, indemnify, and hold each of us and our respective officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your access to or use of the Platforms and the Content, or your violation of these Terms.
If any court or competent legal authority decides that any of the provisions or paragraphs of these Terms are invalid, unlawful or unenforceable to any extent, the term will, to that extent only, be severed from the remaining Terms, which will continue to be valid to the fullest extent permitted by applicable law.
- If we fail to insist upon strict performance of any of the Users obligations under these Terms, or if we fail to exercise any of the rights or remedies to which we are entitled under these Terms, this will not constitute a waiver of such rights or remedies and will not relieve Users from compliance with such
- Waiver by us of any particular default(s) will not constitute a waiver of any subsequent default(s).
18. THIRD PARTY RIGHTS
This contract is between the Users and us. No other party shall have any right to enforce any of its Terms, unless expressly stated in these Terms, or authorized in writing by the Company.
If Users wish to contact us in writing, or if any Clause in these Terms requires a notice in writing, they may send us an e-mail at email@example.com We will confirm receipt of any e-mail by responding to the User in writing by e-mail.
20. FORCE MAJEURE
We will not be responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by events outside our reasonable control including (without limitation) Acts of God, internet failure, malfunction of data/database/software or otherwise, fire, flood, severe weather, explosion, war, act of terrorism, industrial dispute (whether or not involving the Company’s employees) or acts of local or central government or other competent authorities.
21. GOVERNING LAW AND JURISDICTION
- These Terms shall be governed by, and construed in accordance with, the laws of the Dubai International Financial Centre (hereinafter “DIFC”).
- The Parties irrevocably agree that the DIFC Courts shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with these Terms or its subject matter or formation (including non-contractual disputes or claims).