TERMS
AND CONDITION
GENERAL
This website, Wellness-Adviser.com (the “Site”) is owned and
operated by Super Massive White Hole DWC LLC (Hereafter refer
as “SMWH”) a company established and operated under the Laws of the United Arab
Emirates, having its registered office at Building E, Office 0551, Business
Park, Dubai World Centre, Dubai, UAE (“ Company By using the Site, you agree to
be bound by these Terms of Service and to use the Site in accordance with these
Terms and Conditions (“Terms”), our Privacy Policy and any additional terms and
conditions that may apply to specific sections of the Site or to services
available through the Site or from SMWH.
Accessing the Site, in any manner, whether automated or otherwise,
constitutes use of the Site and your agreement to be bound by these Terms of
Service. The Company reserve the right to change these Terms of Service or to
impose new conditions on use of the Site, from time to time, in which case SMWH
will post the revised Terms of Service on this SMWH website. By continuing to
use the Site after SMWH post any such changes, you accept the Terms of Service,
as modified.
This Site is limited to use by natural persons over 15 years of
age. If you are not the age of consent to a binding agreement, you are not authorized
to visit or use this Site. If you access this Site on behalf of a Company or
other legal entity, you represent and warrant you have the authority bind that
Company to the Terms and Conditions as set forth in this Agreement.
ONLINE COMMERCE:
The Site allows you to purchase many different types of wellness
services & merchandise directly from vendors available around the world.
While SMWH try to confirm that participating Wellness Vendor are licensed to
perform their respective services and merchandise sale, SMWH cannot and do not
represent or warrant that any Wellness Vendor is licensed, qualified, or
capable of performing any such services. Reference to any services, or
merchandise processes, or other information, by trade name, trademark,
manufacturer, supplier, or otherwise does not constitute or imply endorsement
or sponsorship thereof by us. All non-SMWH trademarks, registered trademarks,
product names, service marks, trade secrets and logos appearing on our Site are
the property of their respective owners. The Company are not responsible for
the quality, accuracy, timeliness, reliability or any other aspect of these
services.
If you make a purchase on a site linked to by the Site, the
information obtained during your visit to that vendor’s online store or site,
and the information that you give as part of the registration, such as your
name project selection and contact information, may be collected by the vendor.
A vendor may have privacy and data collection practices that are different from
ours.
SMWH have no responsibility or liability for these independent
policies. In addition, when you purchase merchandise or services on or through
the Site, you may be subject to additional terms and conditions that
specifically apply to your purchase or use of such merchandise or services.
Your participation, correspondence or business dealings with any
third party found on or through our Site, regarding payment and delivery of
specific goods and services, and any other terms, conditions, representations
or warranties associated with such dealings, are solely between you and such
third party. You agree that SMWH shall not be responsible or liable for any
loss, damage, or other matters of any sort incurred as the result of such
dealings.
You agree to be financially responsible for all purchases made by
you or someone acting on your behalf through the Site. You agree to use the
Site and to purchase services or merchandise through the Site for legitimate
purposes only. You also agree not to make any purchases for speculative, false
or fraudulent purposes or for the purpose of anticipating demand for a
particular product or service. You agree to only purchase goods or services for
your business or for another person for whom you are legally permitted to do
so. When making a purchase for a third party that requires you to submit the
third party’s personal information to us or a vendor, you represent that you
have obtained the express consent of such third party to provide such third
party’s personal information.
REGISTRATION
To access certain features of the Site, SMWH may ask you to create
a buyer account (“Account”) and provide certain information including but not
limited to, your first name, last name, gender, email address, zip code,
country. In addition, if you elect to sign-up for a particular feature of the
Site, such email newsletters, you may also be asked to register with us on the
form provided and such registration may require you to provide personally
identifiable information such as your name and email address. You agree to
provide true, accurate, current and complete information about yourself as
prompted by the Site’s registration form. If SMWH have reasonable grounds to
suspect that such information is untrue, inaccurate, or incomplete, the Company
have the right to suspend or terminate your account and refuse any and all
current or future use of the Site (or any portion thereof). Our use of any
personally identifiable information you provide to us as part of the
registration process is governed by the terms of our Privacy Policy.
By using our service, you consent to being contacted by us. If you
wish to opt-out of our communications at any time through the instructions set
forth on the intended communication (or “unsubscribe” button) or our Privacy
Policy (“see Privacy Policy”).
If any User of the Site falsifies any information they supply or
uses fraudulent means to enrol as a member of the Site, the company reserves
the right to remove that person from the site, ban any further use of the Site
by that person and prosecute to the fullest extent permitted by law.
DEAL WITH US IN GOOD
FAITH:
By creating an Account, you agree that you are signing up for the
Services in good faith, and that you mean to use them only for their intended
purposes and for no other reason.
PASSWORDS
To use certain features of the Site, you will need a username and
password, which you will receive through the Site’s registration process. You
are responsible for maintaining the confidentiality of the password and
account, and are responsible for all activities (whether by you or by others)
that occur under your password or account. You agree to notify us immediately
of any unauthorized use of your password or account or any other breach of
security, and to ensure that you exit from your account at the end of each
session. SMWH cannot and will not be liable for any loss or damage arising from
your failure to protect your password or account information.
PRIVACY
See our Privacy Policy for information on how the Company collect,
store and disclose information for our Users. Attached herewith as annexure 1.
INTELLECTUAL
PROPERTY RIGHTS
OUR LIMITED LICENSE TO
YOU
This Site and all the materials available on the Site are the
property of us and/or our affiliates or licensors, and are protected by
copyright, trademark, and other intellectual property laws. You may not use the
Site or the materials available on the Site in a manner that constitutes an
infringement of our rights or that has not been authorized by us. More
specifically, unless explicitly authorized in these Terms or by the owner of
the materials, you may not modify, copy, reproduce, republish, upload, post,
transmit, translate, sell, create derivative works, exploit, or distribute in
any manner or medium (including by email or other electronic means) any
material from the Site. You may, however, from time to time, download and/or
print one copy of individual pages of the Site for your personal use, provided
that you keep intact all copyright and other proprietary notices.
PERSONAL AND COMMERCIAL
USE LIMITATION
This website is for your personal or commercial use. The content
and information on this website (including, without limitation, price and
availability of wellness services & merchandise), as well as the
infrastructure used to provide such content and information, is proprietary to
SMWH or its associates and providers. Accordingly, as a condition of using this
website, you agree not to use this website or its contents or information for
any commercial or non-personal purpose (direct or indirect). You agree not to
modify, copy, distribute, transmit, display, perform, reproduce, publish,
license, create derivative works from, transfer, or sell or re-sell any information,
software, or services obtained from this website. In addition, whether or not
you have a commercial purpose, you agree not to:
·
access, monitor or copy any content or
information of this website using any robot, spider, scraper or other automated
means or any manual process for any purpose without express written permission
of SMWH.;
·
violate the restrictions in any robot exclusion
headers on this website or bypass or circumvent other measures employed to
prevent or limit access to this website;
·
deep-link to any portion of this website
(including, without limitation, the purchase path for any wellness services
& merchandise) for any purpose without express written permission of SMWH
YOUR LICENSE TO US.
By submitting any information and material (including, without
limitation, comments, blog entries, photos and videos) to us via the Site, you
are representing: (i) that you are the owner of the material, or are making
your posting or submission with the express consent of the owner of the material;
and (ii) that you are fifteen years of age or older. In addition, when you
submit or post any material, you are granting us, and anyone authorized by us,
a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide
license to use, copy, modify, distribute, and/or publicly perform or display
such material, in whole or in part, in any manner or medium, now known or
hereafter developed, for any purpose. The foregoing grant shall include the
right to exploit any proprietary rights in such posting or submission,
including, but not limited to, rights under copyright, trademark, service mark
or patent laws under any relevant jurisdiction. Also, in connection with the
exercise of such rights, you grant us, and anyone authorized by us, the right to
identify you as the author of any of your postings or submissions by name,
email address or screen name, as the Company deem appropriate.
You acknowledge that the Company have the right but not the
obligation to use and display any postings or contributions of any kind and
that the Company may elect to cease the use and display of any such materials
(or any portion thereof), at any time for any reason whatsoever.
SMWH Does Not Own any property, Vendor, Merchandise Images: Company does not own or assert copyright ownership or grant
any rights to the underlying images or descriptions of services and offers
listings that may be contained in the search results or provided by third party
sources or users or owners. Any use of the source images or descriptions is
subject to the copyright owner’s permission and/or the requirements of
applicable law.
SMWH Does NOT transact directly in any wellness business on the
Site: Company warrants and confirms that it is
facilitator or mediator between service & Merchandise buyer and service
& Merchandise vendor. This website is based platform for providing third
party services of wellness merchandise and other associated services. The
Company does NOT directly provide any services offered on this website.
LIMITATIONS ON SUBLICENSING,
LINKING AND FRAMING:
You may establish a hypertext link to the Site so long as the link
does not state or imply any sponsorship of your site by us or by the Site.
However, you may not, without our prior written permission, frame or inline link
any of the content of the Site, or incorporate into another website or other
service any of our material, content or intellectual property.
You may not: (i) copy, modify or create derivative works based on
this Site; (ii) distribute, transfer, sublicense, lease, lend or rent the Site
to any third party; (iii) reverse engineer, decompile or disassemble the Site
(except to the extent specifically permitted by applicable law; or (iv) make
the functionality of the Services available to multiple users through any
means.
LINKS TO THIRD-PARTY
SITES
This website may contain hyperlinks to websites operated by
parties other than SMWH. Such hyperlinks are provided for your reference only.
SMWH does not control such websites and is not responsible for their contents or
your use of them. SMWH inclusion of hyperlinks to such websites does not imply
any endorsement of the material on such websites or any association with their
operators.
SOFTWARE AVAILABLE ON
THIS WEBSITE
Any software that is made available to download from this website
(“Software”) is the copyrighted work of SMWH, its affiliates, and/or their
suppliers. Your use of the Software is governed by the terms of the end user
license agreement, if any, which accompanies, or is included with, the Software
(“License Agreement”). You may not install or use any Software that is
accompanied by or includes a License Agreement unless you first agree to the
License Agreement terms.
For any Software not accompanied by a License Agreement, SMWH
hereby grants to you, the user, a personal, non-transferable license to use the
Software for viewing and otherwise using this website in accordance with these
terms and conditions and for no other purpose.
Please note that all Software, including, without limitation, all
HTML code and Active X controls contained on this website, is owned by SMWH,
its affiliates, and/or their suppliers, and is protected by copyright laws and
international treaty provisions. Any reproduction or redistribution of the
Software is expressly prohibited by law, and may result in severe civil and
criminal penalties. Violators will be prosecuted to the maximum extent
possible.
WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE
SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION
IS EXPRESSLY PROHIBITED. THE SOFTWARE IS WARRANTEED, IF AT ALL, ONLY ACCORDING
TO THE TERMS OF THE LICENSE AGREEMENT.
You acknowledge that the Software and any accompanying
documentation and/or technical information are subject to applicable export
control laws and regulations of the UAE. You agree not to export or re-export
the Software, directly or indirectly, to any countries that are subject to UAE
export restrictions.
Disclaimers
Throughout the Site, the Company may provide links and pointers to
Internet sites maintained by third parties (“Third-Party Materials”). Our
linking to such third-party sites does not imply an endorsement or sponsorship
of such sites, or the information, or services offered on or through the sites.
In addition, neither the Company nor affiliates operate or control in any
respect any information, merchandise or services that third parties may provide
on or through the Site or on websites linked to by us on the Site. If
applicable, any opinions, advice, statements, services, offers, or other
information or user content expressed or made available by third parties,
including information providers and account holders (“User Content”), are those
of the respective authors or distributors, and not the COMPANY. Neither the COMPANY
nor any third-party provider of information guarantees the accuracy,
completeness, or usefulness of any content. Furthermore, the COMPANY neither
endorses nor is responsible for the accuracy and reliability of any opinion,
advice, or statement made on any portion of the Site by anyone other than an
authorized the COMPANY representative while acting in his/her official
capacity. Furthermore, your interactivities with any Third-Party Materials
including entering contract, will not be governed by our Terms and Conditions.
The Company does not assume liability for any User Content including but not
limited to, links, postings and all other information.
THE INFORMATION AND SERVICES OFFERED ON OR THROUGH THE SITE AND BY
COMPANY AND ANY THIRD-PARTY SITES ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES
OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE
PURSUANT TO APPLICABLE LAW, THE COMPANY DISCLAIM ALL WARRANTIES, EXPRESS OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF VENDOR ABILITY
AND FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY DO NOT WARRANT THAT THE SITE
OR ANY OF ITS FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL
BE CORRECTED, OR THAT ANY PART OF THIS SITE, OR THE SERVERS THAT MAKE IT
AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE COMPANY DO NOT
WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE
OF THE SITE OR MATERIALS ON THIS SITE OR ON THIRD-PARTY SITES IN TERMS OF THEIR
CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE.
CURRENCY
All sales are billed in USD & EURO.
Project processing
& incoicing:
The Final selection of any project you created will be generated
on processing your project list. This invoice is non-changeable. All final
selection are due for payment within 29 days in order to secure your wellness
service & merchandise. On receiving the payment, your order will be
processed without any delay. The project selection amount includes any taxes
that may be applicable on this transaction. In case, any wellness vendor is not
able to provide services, the payment shall be refunded by them to the client
or alternative service schedule will be provided to you for providing the
requested service or merchandise after obtaining consent of the buyer. If any
overpayment results due to faults of the buyer, the Company shall be under no
obligation to pay any interest on the amount overpaid. The company shall refund
the amount to the buyer within reasonable time on receiving such refund
request. Any buyer in receipt of an invoice is deemed to have accepted its
contents unless there is an objection to the invoice or its contents within
seven days from its receipt. Any invoice shall not offer any guarantee of
providing wellness services or merchandise. Invoice is merely acknowledgement
of the payment received for project selection any wellness services &
merchandise by the Company.
SERVICES &
merchandise
All Services & merchandise shown on the Platform are subject
to availability and the images and/or descriptions of the Services or
merchandise on the Platform are for illustrative purposes only and actual
Services may vary from those images and/or descriptions. SMWH requires the Wellness
Vendor to ensure that all information provided by them for display on their
page of the Platform is accurate, complete and not misleading in any way but
SMWH cannot verify the information which they provide to us. It will be each Wellness
Vendor ‘s responsibility to ensure that all of its Services & merchandise listed
on the Platform are available and accurately described.
It is Customer´s sole responsibility to communicate to the Wellness
Vendor directly at displayed contact information on the platform any colour or
special customization needs that might be required for your project.
SELECTION for project
·
Once the Customer is registered on the Platform
he/she can use the search engine on the Platform to locate a Wellness Vendor on
the basis of the given inputs.
·
By registering an account on the Platform the
Customer accepts these General Terms and Conditions, the Privacy and Cookies
Policy and by making a selection the Customer concludes the contractual
relationship with the Wellness Vendor.
·
Any selection will be confirmed by an email
acknowledging receipt of the selection which may include, the date of the selection,
the price of the selected merchandise & Services, the person in charge at
the Wellness Vendor´s of the selection/Services and the Wellness Vendor´s
special terms and conditions if any.
·
Selection process allows the Customer to check
and amend any errors before submitting any process of selection for any
wellness service or merchandise.
·
Customer must retain a copy of the transaction
records and Vendor policies and rules.
SELECTION AMENDMENTS OR
CANCELLATIONS
·
If a Customer needs or wishes to change or
cancel the selection (time/date) after he has received the confirmation email,
he may change or cancel the selection directly on the Platform.
·
Should a selection be amended or cancelled, either
on request of the Buyer or on request of the Wellness Vendor, the Wellness
Vendor will notify SMWH and will update its agenda on the Platform immediately.
·
If the Buyer does not notify the relevant Wellness
Vendor with the cancellation after processing the project and payment completed
to the vendor and shipment is processed the Buyer will not be refunded.
·
Refunds will be completed only through the
Original Mode of Payment with thirty (30) working days.
PAYMENT METHOD / trade
safe service
We accept payments only when using our trade safe service we can
manage your payment process with the vendors and insure project process.
DELIVERY/SHIPMENT
POLICY
·
Website/URL will NOT deal or provide any
services or merchandise to any of OFAC sanctions countries in accordance with
the law of UAE.
·
Multiple shipments/delivery may result in
multiple postings to the processed project list
INTERACTIVE FEATURES
This Site may include a variety of features, such as bulletin
boards, SMWH blogs, comment fields, message services and email services, which
allow feedback to us and real-time interaction between buyers, and other
features which allow buyers to communicate with others. Responsibility for what
is posted on bulletin boards, the Company b logs, chat rooms, and other public
posting areas on the Site, or sent via any email services on the Site, lies
with each user – you alone are responsible for the material you post or send.
The Company do not control the messages, information or files that you or
others may provide through the Site. It is a condition of your use of the Site
that you do not:
·
Restrict or inhibit any other user from using
and enjoying the Site.
·
Prohibit to use the forum as a political debate
forum, transmit political information, engage in discussion, blogs, post
videos, comments or affiliations.
·
Use the Site to impersonate any person or
entity, or falsely state or otherwise misrepresent your affiliation with a
person or entity.
·
Interfere with or disrupt any servers or
networks used to provide the Site or its features, or disobey any requirements,
procedures, policies or regulations of the networks the Company use to provide
the Site.
·
Use the Site to instigate or encourage others to
commit illegal activities or cause injury or property damage to any person.
·
Gain unauthorized access to the Site, or any
account, computer system, or network connected to this Site, by means such as
hacking, password mining or other illicit means.
·
Obtain or attempt to obtain any materials or
information through any means not intentionally made available through this
Site.
·
Use the Site to post or transmit any unlawful,
threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic,
profane or indecent information of any kind, including without limitation any
transmissions constituting or encouraging conduct that would constitute a
criminal offense, give rise to civil liability or otherwise violate any local,
state, national or international law.
·
Use the Site to post or transmit any
information, software or other material that violates or infringes upon the
rights of others, including material that is an invasion of privacy or
publicity rights or that is protected by copyright, trademark or other
proprietary right, or derivative works with respect thereto, without first
obtaining permission from the owner or rights holder.
·
Use the Site to post or transmit any
information, software or other material that contains a virus or other harmful
component.
·
Use the Site to post, transmit or in any way
exploit any information, software or other material for illegal purposes, or
that contains advertising.
·
Use the Site to make donations of any kind,
without our express written approval.
·
Gather for marketing purposes any email
addresses or other personal information that has been posted by other users of
the Site.
·
Purchase, download or copy anything from this
site and use to pirate said content.
SMWH may host message boards, chats and other public forums on its
Sites. Any user failing to comply with the terms and conditions of this
Agreement may be expelled from and refused continued access to, the message
boards, chats or other public forums in the future. SMWH or its designated
agents may remove or alter any user-created content at any time for any reason.
Message boards, chats and other public forums are intended to serve as
discussion centers for users and subscribers. Information and content posted
within these public forums may be provided by SMWH staff, SMWH’s outside
contributors, or by users not connected with SMWH, some of whom may employ
anonymous usernames.
SMWH expressly disclaims all responsibility and endorsement and
makes no representation as to the validity of any opinion, advice, information
or statement made or displayed in these forums by third parties, nor are SMWH
responsible for any errors or omissions in such postings, or for hyperlinks
embedded in any messages. Under no circumstances will SMWH, our affiliates,
suppliers or agents be liable for any loss or damage caused by your reliance on
information obtained through these forums. The opinions expressed in these
forums are solely the opinions of the participants, and do not reflect the
opinions of SMWH or any of its subsidiaries or affiliates.
SMWH has no obligation whatsoever to monitor any of the content or
postings on the Site. However, you acknowledge and agree that SMWH have the
absolute right to monitor the same at our sole discretion. In addition, the
Company reserve the right to alter, edit, refuse to post or remove any postings
or content, in whole or in part, for any reason and to disclose such materials
and the circumstances surrounding their transmission to any third party in
order to satisfy any applicable law, regulation, legal process or governmental
request (national or international) and to protect ourselves, our clients,
sponsors, users and visitors.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE,
SHALL SMWH, OUR SUBSIDIARY AND PARENT COMPANIES OR AFFILIATES BE LIABLE FOR ANY
DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL OR INCONSEQUENTIAL
DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE,
INCLUDING ITS MATERIALS OR SERVICES, OR THIRD-PARTY MATERIALS, MERCHANDISE, OR
SERVICES MADE AVAILABLE THROUGH THE SITE, EVEN IF SMWH IS ADVISED BEFOREHAND OF
THE POSSIBILITY OF SUCH DAMAGES. (BECAUSE SOME COUNTRIES DO NOT ALLOW THE
EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION
MAY NOT APPLY TO YOU. IN SUCH COUNTRIES, OUR LIABILITY AND THE LIABILITY OF OUR
SUBSIDIARY AND PARENT COMPANIES OR AFFILIATES IS LIMITED TO THE FULLEST EXTENT
PERMITTED BY SUCH COUNTRY LAW.) YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT
SMWH IS NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY
USER. IF YOU ARE DISSATISFIED WITH THE SITE, ANY MATERIALS OR SERVICES ON THE
SITE, OR WITH ANY OF THE SITE’S TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE
REMEDY IS TO DISCONTINUE USING THE SITE AND THE SERVICES AND/OR MATERIALS. THIS
SITE IS CONTINUALLY UNDER DEVELOPMENT AND SMWH MAKES NO WARRANTY OF ANY KIND,
IMPLIED OR EXPRESS, AS TO ITS ACCURACY, COMPLETENESS OR APPROPRIATENESS FOR ANY
PURPOSE.
IN NO EVENT WILL COMPANY’S TOTAL LIABILITY ARISING OUT OF OR IN
CONNECTION WITH THESE TERMS OF USE OR FROM THE USE OF OR INABILITY TO USE THE
SERVICES EXCEED THE AMOUNTS YOU HAVE PAID TO SMWH FOR USE OF THE APPLICABLE
SERVICES OR ONE HUNDRED DOLLARS ($100.00).
PARTICIPANT acknowledges and agrees that no representation has
been made by SMWH OR ITS AFFILIATES and relied upon as to the future outcome
that may be derived from the participation in or purchase of any service on
this SITE.
All links are for information purposes only and are not warranted
for content, accuracy or any other implied or explicit purpose.
GENERAL TERMS
Modification: SMWH
reserves the right to modify or discontinue (completely or in part) its
Services, or any content appearing herein, in whole or in part.
SMWH reserves the right to change or modify these Terms of Use, or
any policy or guideline of the Services, at any time and at our sole
discretion. Any changes or modification will be effective immediately upon
posting of the revisions to the applicable Site. Your continued use of the Site
following the post of modifications confirms your acceptance of Terms as
modified.
Termination: SMWH reserves
the right, to terminate any license, your access to and use of the Site, in
whole or in part, and to block or prevent future access to and use of the Site
with or without notice.
No Waiver: SMWH’s
failure to exercise or enforce any right or provision of the Terms shall not be
deemed to be a waiver of such right or provision.
Entire Agreement and Severability: These Terms, and, if applicable, any amendments and additional
agreements you might enter with SMWH in connection with our Services, shall
constitute the entire agreement between you and Company and shall supersede any
and all prior terms regarding the Services. If any provision of these Terms is
deemed invalid by a court of competent jurisdiction, that provision will be
limited or eliminated to the minimum extent necessary, and the other provisions
shall remain in full force and effect. In the event of a conflict between the
Terms and any addition al agreement (such as the Subscription Agreement), the
terms of such additional agreement shall control.
Notices: Any notices or other
communications provided by SMWH under these Terms, including but not limited to
modifications to these Terms, will be given: (i) by Company via email; or (ii)
by posting to the applicable Site. For notices made by e-mail, the date of
receipt will be deemed the date on which such notice is transmitted.
DISPUTES RESOLUTION
Arbitration: Any dispute
arising out of the formation, performance, interpretation, nullification or
invalidation of these terms and conditions or arising therefrom or related
thereto in any manner whatsoever, shall be finally settled by arbitration in
accordance with the provisions set forth under the rules of Commercial
Conciliation and Arbitration (“the Rules”) of the Dubai Chamber of Commerce and
Industry, by arbitrators appointed in compliance with the Rules.
Place of Arbitration and applicable procedural law: The place of Arbitration shall be Dubai. Any Arbitration
proceedings shall govern by the rules of Commercial Conciliation and
Arbitration of the Dubai Chamber of Commerce and Industry.
Governing Law: The dispute
shall be subject to laws of United Arab Emirates.
GENERAL TERMS
·
Minors under the age of eighteen (18) shall be
prohibited to register as a User of this website and shall not allowed to
transact or use the website.
CONTACTING US
If there are any questions regarding these Terms, you may contact
us at:
Super
Massive White Hole DWC LLC Limited
Liability Company, with an address at Building E,
Office 0551, Business Park, Dubai World Central, Dubai, UAE, P.O Box 643744
help@wellness-adviser.com
CAUTIONARY NOTICE:
Copyrighted by SMWH ALL rights reserved. No part of this site or
its services contained therein may be copied, or changed in any format, sold,
or used in any way other than what is outlined without express permission from
SMWH.
ANNEXURE
1
PRIVACY POLICY
1. Introduction
1.1 We are committed to safeguarding the privacy of our website
visitors; in this policy we explain how we will treat your personal
information.
1.2 We shall ask you to consent to our use of cookies in
accordance with the terms of this policy when you first visit our website. / By
using our website and agreeing to this policy, you consent to our use of
cookies in accordance with the terms of this policy.
1.3 All credit/debit cards details and personally identifiable
information shall NOT be stored, sold, shared, rented or leased to any third
parties.
2. Collecting
personal information
2.1 We may collect, store and use the following kinds of personal
information:
(a) information about your computer and about your visits to and
use of this website (including [your IP address, geographical location, browser
type and version, operating system, referral source, length of visit, page
views and website navigation paths);
(b) information that you provide to us when registering with our
website (including [your email address]);
(c) information that you provide when completing your profile on
our website (including [your name, profile pictures, gender, date of birth,
relationship status, interests and hobbies, educational details and employment
details]);
(d) information that you provide to us for the purpose of
subscribing to our email notifications and/or newsletters (including [your name
and email address]);
(e) information that you provide to us when using the services on
our website, or that is generated in the course of the use of those services
(including [the timing, frequency and pattern of service use]);
(f) information relating to any purchases you make of our [goods /
services / goods and/or services] or any other transactions that you enter into
through our website (including [your name, address, telephone number, email
address and card details]);
(g) information that you post to our website for publication on
the internet (including [your user name, your profile pictures and the content
of your posts]);
(h) information contained in or relating to any communication that
you send to us or send through our website (including [the communication
content and metadata associated with the communication]);
(i) any other personal information that you choose to send to us;
and
3.2 Before you disclose to us the personal information of another
person, you must obtain that person’s consent to both the disclosure and the
processing of that personal information in accordance with this policy.
4. Using
personal information
4.1 Personal information submitted to us through our website will
be used for the purposes specified in this policy or on the relevant pages of
the website.
4.2 We may use your personal information to:
(a) administer our website and business;
(b) personalise our website for you;
(c) enable your use of the services available on our website;
(d) send you goods purchased through our website;
(e) supply to you services purchased through our website;
(f) send statements, invoices and payment reminders to you, and
collect payments from you;
(g) send you non-marketing commercial communications;
(h) send you email notifications that you have specifically
requested;
(i) send you our email newsletter, if you have requested it (you
can inform us at any time if you no longer require the newsletter);
(j) send you marketing communications relating to our business [or
the businesses of carefully-selected third parties] which we think may be of
interest to you, by post or, where you have specifically agreed to this, by
email or similar technology (you can inform us at any time if you no longer
require marketing communications);
(k) provide third parties with statistical information about our
users (but those third parties will not be able to identify any individual user
from that information);
(l) deal with enquiries and complaints made by or about you
relating to our website;
(m) keep our website secure and prevent fraud;
(n) verify compliance with the terms and conditions governing the
use of our website (including monitoring private messages sent through our
website private messaging service)
4.3 If you submit personal information for publication on our
website, we will publish and otherwise use that information in accordance with
the licence you grant to us.
4.4 Your privacy settings can be used to limit the publication of
your information on our website, and can be adjusted using privacy controls on
the website.
4.5 We will not, without your express consent, supply your
personal information to any third party for the purpose of their or any other
third party’s direct marketing.
4.6 All our website financial transactions are handled through our
payment services provider, [PSP name]. You can review the provider’s
privacy policy at [URL]. We will share information with our payment
services provider only to the extent necessary for the purposes of processing
payments you make via our website, refunding such payments and dealing with
complaints and queries relating to such payments and refunds.
5. Disclosing
personal information
5.1 We may disclose your personal information to [any of our
employees, officers, insurers, professional advisers, agents, suppliers or
subcontractors] insofar as reasonably necessary for the purposes set out in
this policy.
5.2 We may disclose your personal information to any member of our
group of companies (this means our subsidiaries, our ultimate holding company
and all its subsidiaries) insofar as reasonably necessary for the purposes set
out in this policy.
5.3 We may disclose your personal information:
(a) to the extent that we are required to do so by law;
(b) in connection with any ongoing or prospective legal
proceedings;
(c) in order to establish, exercise or defend our legal rights
(including providing information to others for the purposes of fraud prevention
and reducing credit risk);
(d) to the purchaser (or prospective purchaser) of any business or
asset that we are (or are contemplating) selling; and
(e) to any person who we reasonably believe may apply to a court
or other competent authority for disclosure of that personal information where,
in our reasonable opinion, such court or authority would be reasonably likely
to order disclosure of that personal information.
5.4 Except as provided in this policy, we will not provide your
personal information to third parties.
6. International
data transfers
6.1 Information that we collect may be stored and processed in and
transferred between any of the countries in which we operate in order to enable
us to use the information in accordance with this policy.
6.2 Personal information that you publish on our website or submit
for publication on our website may be available, via the internet, around the
world. We cannot prevent the use or misuse of such information by others.
6.3 You expressly agree to the transfers of personal information
described in this Section 6.
7. Retaining
personal information
7.1 This Section 7 sets out our data retention policies and
procedure, which are designed to help ensure that we comply with our legal
obligations in relation to the retention and deletion of personal information.
7.2 Personal information that we process for any purpose or
purposes shall not be kept for longer than is necessary for that purpose or
those purposes.
7.3 Notwithstanding the other provisions of this Section 7, we
will retain documents (including electronic documents) containing personal
data:
(a) to the extent that we are required to do so by law;
(b) if we believe that the documents may be relevant to any
ongoing or prospective legal proceedings; and
(c) in order to establish, exercise or defend our legal rights
(including providing information to others for the purposes of fraud prevention
and reducing credit risk).
8. Security
of personal information
8.1 We will take reasonable technical and organisational
precautions to prevent the loss, misuse or alteration of your personal
information.
8.2 We will store all the personal information you provide on our
secure (password- and firewall-protected) servers.
8.3 All electronic financial transactions entered into through our
website will be protected by encryption technology.
8.4 You acknowledge that the transmission of information over the
internet is inherently insecure, and we cannot guarantee the security of data
sent over the internet.
8.5 You are responsible for keeping the password you use for
accessing our website confidential; we will not ask you for your password
(except when you log in to our website).
9. Amendments
9.1 We may update this policy from time to time by publishing a
new version on our website.
9.2 You should check this page occasionally to ensure you are
happy with any changes to this policy.
9.3 We may notify you of changes to this policy [by email or
through the private messaging system on our website].
10. Your
rights
10.1 You may instruct us to provide you with any personal information
we hold about you; provision of such information will be subject to:
(a) the payment of a fee (currently fixed at AED 1000); and
(b) the supply of appropriate evidence of your identity (for this
purpose, we will usually accept a photocopy of your passport certified by a
solicitor or bank plus an original copy of a utility bill showing your current
address).
10.2 We may withhold personal information that you request to the
extent permitted by law.
10.3 You may instruct us at any time not to process your personal
information for marketing purposes.
10.4 In practice, you will usually either expressly agree in
advance to our use of your personal information for marketing purposes, or we
will provide you with an opportunity to opt out of the use of your personal
information for marketing purposes.
11. Third
party websites
11.1 Our website includes hyperlinks to, and details of, third
party websites including advertisements.
11.2 We have no control over, and are not responsible for, the
privacy policies and practices of third parties.
11.3 Some of the advertisements you click on the Site are 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. We do not have access to, or control over, the
information these third parties may collect. The information practices of these
third parties shall not covered by this privacy policy.
12. Updating
information
12.1 Please let us know if the personal information that we hold
about you needs to be corrected or updated.
13. Cookies
13.1 Our website uses cookies.
13.2 A cookie is a file containing an identifier (a string of
letters and numbers) that is sent by a web server to a web browser and is
stored by the browser. The identifier is then sent back to the server each time
the browser requests a page from the server.
13.3 Cookies may be either “persistent” cookies or “session”
cookies: a persistent cookie will be stored by a web browser and will remain
valid until its set expiry date, unless deleted by the user before the expiry
date; a session cookie, on the other hand, will expire at the end of the user
session, when the web browser is closed.
13.4 Cookies do not typically contain any information that
personally identifies a user, but personal information that we store about you
may be linked to the information stored in and obtained from cookies.
13.5 We use [only session cookies / only persistent cookies / both
session and persistent cookies] on our website.
13.6 The names of the cookies that we use on our website, and the
purposes for which they are used, are set out below:
(a) we use [cookie name] on our website to [recognise a
computer when a user visits the website / track users as they navigate the
website / enable the use of a shopping cart on the website / improve the
website’s usability / analyse the use of the website / administer the website /
prevent fraud and improve the security of the website / personalise the website
for each user / target advertisements which may be of particular interest to
specific users.
13.7 Blocking all cookies will have a negative impact upon the
usability of many websites.
13.8 If you block cookies, you will not be able to use all the
features on our website.
13.9 You can delete cookies already stored on your computer; for
example:
(a) in Internet Explorer (version 11), you must manually delete
cookie files (you can find instructions for doing so at
http://windows.microsoft.com/en-gb/internet-explorer/delete-manage-cookies#ie=ie-11);
(b) in Firefox (version 39), you can delete cookies by clicking
“Tools”, “Options” and “Privacy”, then selecting “Use custom settings for
history” from the drop-down menu, clicking “Show Cookies”, and then clicking
“Remove All Cookies”; and
(c) in Chrome (version 44), you can delete all cookies by
accessing the “Customise and control” menu, and clicking “Settings”, “Show
advanced settings” and “Clear browsing data”, and then selecting “Cookies and
other site and plug-in data” before clicking “Clear browsing data”.
13.10 Deleting cookies will have a negative impact on the
usability of many websites.
14. Our
details
14.1 This website is owned and operated by Super Massive White
Hole DWC – LLC.
14.2 We are registered in the United Arab Emirates under
registration number [3616], and our registered office is at [Building E, Office
0551, Business Park, Dubai World Centre, Dubai, UAE].
·
Our principal place of business is at [Dubai,
UAE].
14.4 You can contact us by writing to the business address given
above, by using our website contact form, by email to [info@spa-adviser.com] or
by telephone on [+971 4 311 6609].
Disclaimer: The Website Policies and Terms & Conditions may be changed or updated occasionally to meet the requirements and standards. Therefore the Customers’ are encouraged to frequently visit these sections in order to be updated about the changes on the website. Modifications will be effective on the day they are posted.