Terms & conditions | The Hundred Wellness Centre | Dubai

Terms & conditions

Introduction

The Hundred Wellness Center (“we”, “us” or “our”) owns and operates the www.thehundred.ae (the “Website”). References to “you”, “your”, “yours” or “User” are references to the person(s) accessing the Website.

Please read these Terms and Conditions (“Terms”) carefully as they govern our relationship with you and your use of the Website. By using the Website, Users are agreeing to our Terms, which may be updated from time to time.

Accessing the Website

By accessing the Website, you agree to comply with the Terms and our Privacy Policy (together as “Legal Terms”). If you do not agree to our Legal Terms, do not access, view, or otherwise use any of our services or register with us. You would need to have an account with our Website (“Account”) in order to use some of our services. However, Users will be free to browse through the Website without an Account.

Scope

We act as a platform to allow our Users to book appointments with our partner Doctors, Pilates Instructors, (together as the “Service Providers”) listed on the Website that offer range of services (“Services”) as well as selling food supplements, sportswear, among others (“Products”). Service Providers and their use of their partner portal shall be governed by our Website Partner Program Agreement which can be accessed here [add hyperlink].

You understand and agree that the Services are provided by the Service Providers and not by us. These Service Providers and not us, are responsible for customer service related to these Services, which includes responsibility for the nature and quality of the Services, as well as any disputes regarding scheduling, reservation, cancellation, adjustments, functionality, and issues concerning experience with a Service.

The Website shall clearly describe the Services along with the cost of that particular services and the Users shall be required to thoroughly go through the details before proceeding to make the bookings.

When you make a booking, you will need to arrive at the place of business of the Service Provider in order to receive the Services unless you have opted for home service, in which case a representative of the Service Provider will come to you to deliver the Services as per booking.

Account

For creating Account, Users shall have the option of using the create account service on the Website. Users may also use their email account for making an account, in which case relevant personal information as required to create Account may be shared with us.

When you create an Account, you represent and warrant that:

  1. If you are an individual, you are at least 21 years under the UAE law or the age of majority under applicable law, unless permitted with a parent or legal guardian’s supervision (including that parent or legal guardian agreeing to the Legal Terms on behalf of the User);
  2. If you are representing a company, organisation or any other legal entity (“Entity”), you have the authority to bind the Entity to these Terms;
  3. You are capable of entering into and performing legally binding contracts under applicable law; and
  4. All information which you provide is accurate, up to date, truthful and complete.

In case there is any change in the information provided to us, you warrant to promptly notify us about the requisite changes and/or updates about your information.

Unless expressly permitted by us and subject to the Legal Terms and any other additional terms as we determine, you shall not set up multiple Accounts. You shall not lend, transfer or sell your Account or username and password (“ID”) to another party and must not use another User’s Account without their permission. You are solely responsible to keep your ID or other personal information safe and you should not share it with anyone. In case of any unauthorised use of the ID of any User, we will have no liability towards the same.

Products

The images on the Website are for illustrative purposes only and actual appearance of the Products may vary slightly from the images displayed on the Website. We do not guarantee that the images are accurate, but we make every effort to show them as close as possible to the original item.

Product specifications are given as a guide to Users and to give an approximate idea of the Products.

We reserve the right to change the price of any Product, discontinue a Product or make changes to the specifications at any time, without notice.

Once the Products have been put in transit by us through the shipment company as per the order placed on the Site, the Products shall only be subject to the present Terms.

Posts by the Users, third-party copyrights

The Website may also include public areas in addition to writing reviews and/or rating area and to post/ transmit/ upload (“Post”) your content to the Website (collectively “Content”).

The Website may contain links to other third-party websites (“Third-Party Websites”), which are completely unrelated to us. If you link to Third-Party Websites, you may be subject to those Third-Party Websites’ terms and conditions and other policies.

As a User, you warrant, that any Post made by you is your original creation. Further, it is a Post that:

  1. you either own or are the licensee, having necessary permissions and rights to use the Content you Post as well as have the right, power and authority to grant the rights set out in the Legal Terms to us;
  2. we are entitled to use your Content in accordance with the Legal Term, that we may lawfully permit other Users to view your Content on the Website, without any payments (including any royalty payment) to you or any third party; and
  3. has obtained all consents and releases from all people who are identifiable in your Post.

Further, you must ensure that copyrights are respected accordingly and that you do not copy, paste, upload or integrate copyrighted content in any form. You waive all moral rights you may have in it and you warrant that you have obtained a waiver of all others’ applicable moral rights.

For anything posted by Users on the Website, the Users grant an unlimited, exclusive, irrevocable, worldwide, perpetual, royalty-free license to use, advertise, market and commercialize these in any manner by us.

Some of the content used on the Website (such as, but not limited to, images and/or audio-visual material) may be the copyrighted works of third-party service providers, who reserve all their rights in such content. These third parties shall be entitled to the benefit of the Legal Terms in respect of their content as if they were “we” and shall be bound accordingly.

Conduct

We are committed to prioritizing the safety of our Users who are seeking Services using our Website. Whilst we endeavour to provide best possible experience and safety to our Users, we also rely upon our Users to help us achieve this. Thus, as a User, you warrant that any Content Posted on the Website, does not:

  1. violate any applicable law, policy or regulation;
  2. infringe any of the intellectual property rights and other legal rights of any party;
  3. harass, degrade, intimidate or is hateful towards any individual or group of individuals on the basis of age, disability, ethnicity, gender, race, religion or sexual orientation;
  4. impersonate any person or Entity, including, but not limited to, our employees, or falsely states or otherwise misrepresents an affiliation with a person or Entity; and
  5. appear to be false, deceptive, misleading, deceitful or misinformative.

We have a zero-tolerance policy towards any negative or offensive comments, information, Content, which violates the present clause. If we come across any violation, which we will decide in our sole discretion, of conduct from the Users including, but not limited to, disrespectful comments on posts, reviews or direct messages which are harassing, bullying, abusive, body shames, sexual advances, or threatening message including death threats or hate speech or any type of harming behaviour, it may result in us taking any or all of the following actions:

  1. immediate, either temporary or permanent, withdrawal of your right to access the Website;
  2. immediate, temporary or permanent, removal of any of your Posts including Content posted on the Website;
  3. issue a warning to you;
  4. legal proceedings against you for compensation of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs);
  5. any further legal action against you;
  6. disclosure of such information to law enforcement authorities as we reasonably believe to be necessary; or
  7. any other action we may consider to be appropriate.

Reporting Offensive Content/ Intellectual Property Right Infringement

We endeavour to make our Website free from any harmful, offensive, illegal or infringing Content. If you have any concerns about any Content that appears on the Website or you believe that such Content is harmful, offensive or infringes your rights (such as your intellectual property rights), please contact us via email at [insert email address] with the following information:

  1. the location/ details about the harmful/ infringing/ offensive content;
  2. a brief description of why you consider the content to be harmful, offensive or infringing and a statement by you that you, under good faith, believe that the disputed use is not authorized by the intellectual property owner, its agent, or any law (if applicable); and
  3. your contact details, including your address, telephone number, and email address.

Payment

We are a Website based services and it is free to join, including creating an Account, as well as use our Website.

We may offer you the option to pay for the Products online with a credit or debit card or any other approved method of payment through the Website. All major cards including Visa and Mastercard are acceptable.
All credit/debit card payments are subject to validation by the issuer. If the issuer of the card refuses to authorise payment, we will cancel your order and contact you for an alternative method of payment. Further, we cannot be held responsible if this should result in a delay in dispatching your order.

We charge a percentage for each transaction as per the rates applied to us by the financial institutions/ from our Service Providers for every completed transaction as a fee (“Fee”). Once an appointment is made through the Website, we will deduct this Fee and the remaining payment shall be released to the Service Provider.

Any amount released to the Service Provider through their online wallet shall be subject to the correct information provided to us for the withdrawal of amount by the Service Provider. In case any incorrect information is provided by the Service Provider leading to release of amount into a different/wrong account, we shall not be responsible for any reimbursement.

Shipment of Products

We deliver our Products to the entire United Arab Emirates
There are areas within the UAE which are ‘out of delivery’ areas and therefore have a flat fee over and above the usual fee for shipment.

The Products are usually dispatched within TWO (2) working day of placement of order on the Site.

Shipment for UAE: We endeavour to deliver your orders within two (2) to three (3) working days of dispatch.

Products will be shipped using our reliable local couriers and may change depending on the area where the Product is to be shipped. However, Products cannot be delivered to just a P.O. Box and any order placed on the Website must be accompanied with complete address.

Our courier partners will attempt to deliver the Products as per orders only three times by contacting you on your phone number provided to us. If there is no contact with you for the order, the order will be held with us for seven (7) days, after which you will be responsible to make contact with us/courier partner company for a specific delivery date and time. After the period of seven (7) days, an additional fee of ten (10) per cent of the invoice value shall apply for administration purposes.

We do not accept any liability for any loss incurred by us due to damage in transit or late delivery.

We try to meet all delivery times but sometimes there may be delays, for example, because of postal/carrier delays, logistics or bad weather. We will keep the Users updated as much as we can, and Users would be able to track their shipment progress through shipment receipt.

Cancellation, Return and Refund

We DO NOT OFFER any refund for the Services ordered through the Website. However, Service Providers may have policies for refund/cancelation and Users are advised to contact Service Provider for any refund/cancelation, if any. The refund, if any, shall be made through the original mode of payment/card and may take from seven (7) to thirty (30) days of the amount to be reflected back in User’s account, depending on their respective banks and there may be revised bank charges for this.

In case the Product is found to be severely damaged, lost, never shipped or is not found to be as described, we will refund the amount to the extent allowed under applicable law, to the User.

We offer a seven (7) day return back policy in case the Product is found inaccurate, not matching the description or found defective. However, we do not accept:

  1. Products damaged by misuse or showing signs of wear; and
  2. Products that have been used or altered, unless they are defective.

Please return your Products in their original packaging, within seven (7) days of delivery with their respective tags and labels attached to it. You will ensure that you have included the original invoice that was delivered with your order to you.

Any refunds approved under our refund policy shall be subject to a small fee for payment gateway which will be deducted from the total amount paid initially through the Website to us before the remaining amount is refunded.

Suspension and Termination

We can, in our sole discretion, change, modify, suspend or discontinue, temporarily or permanently, the whole or any part of the Website at any time for any reason, including an Account being inactive for specific period and without advance notice. You are authorized to access the Website only to the extent you comply with the Legal Terms and we reserve our right to suspend or terminate any User’s Account, in our sole discretion, without notice and without liability, for:

  1. violation (which we will decide in our sole discretion) of applicable laws or the Legal Terms by you; or
  2. for any reasonable reason, and without advance notice.

You are mandated to make payments for the Services ordered through us. In case of any violation of this, we shall have sole authority to refuse any Service to be provided as per booking. We may, in our sole discretion, terminate or cancel your account the said violation.

You have full discretion and authority to revoke, terminate or cancel your account at any time by asking us to terminate the account via [insert email]. If you terminate your account or it is terminated in our sole discretion, you will lose all information associated with your Account, however, we may retain information as to the bookings made by you, with us.

We will not be responsible to any User or any third party for any damages that may result or arise out of such suspension or termination of an Account and/or access to the Website. Termination of the Account and/or access to the Website shall be without prejudice to any rights or obligations which arose prior to the date of termination. The right to immediate termination for good cause remains unaffected.

Limitation of Liability and Indemnity

While we provide rules for User conduct, we do not control or direct Users’ actions on our Website and are not responsible for the Content Posted on the Website. We are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content or information that may be encountered on the Website. We are not responsible for the conduct, whether online or offline, of any User.

You expressly agree that, to the extent permitted by applicable laws, we shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses resulting from your use of or your inability to use, the Website or any of the Content on the Website, or from errors, mistakes, or inaccuracies in the materials on the Website, even if we have been advised of the possibility of such damages.

Your use of the Website is at your sole risk. The Services are provided on an “as is” basis. We disclaim all warranties, conditions, or duties of every nature whatsoever (except any duties of good faith), including without limitation, any implied warranties of merchantability, of fitness for a particular purpose and any express or statutory warranties.

The Services on the Website may be subject to limitations, delays, and other problems inherent in the use of the internet and electronic communications (including problems inherent to the computer, mobile device or other electronic device). We shall not be responsible for any delays, delivery failures, damages, or losses resulting from such problems.

We make no representation or guarantee as to the accuracy or authenticity of the information contained in any Third-Party Website, and your linking to any other websites is completely at your own risk.

You agree to indemnify and hold us and our holding company, subsidiaries, affiliates, partners, officers, directors, agents and employees from any claim or demand, including administrative and legal fees), arising out of your use of or connection to the Website, from any breach by you of the Legal Terms, your improper use of our Website or your breach of any law/ rights of any third party.

For the sake of clarity, indemnification obligation will survive termination, modification or expiration of the Legal Terms and your use of the Website.

Disclaimer

THE WEBSITE IS PROVIDED WITHOUT ANY WARRANTY OF ANY KIND. WE AND OUR RESPECTIVE AGENTS/EMPLOYEES DISCLAIM ANY AND ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE, IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS TO THE FULLEST EXTENT PERMITTED BY LAW, WITH RESPECT TO THE WEBSITE.

INFORMATION ON THE WEBSITE IS PROVIDED ON AN “AS IS” BASIS AND TO THE FULLEST EXTENT PERMITTED BY LAW. WE, OUR RESPECTIVE AGENTS/ EMPLOYEES DO NOT GIVE OR MAKE ANY WARRANTY OR REPRESENTATION OF ANY KIND, WHETHER EXPRESS OR IMPLIED, IN RESPECT OF (I) SUCH INFORMATION BEING CORRECT, ACCURATE, RELIABLE OR COMPLETE; (II) THE FUNCTIONS CONTAINED ON THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE; OR (III) THE WEBSITE OR THE SERVER(S) THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, IN RESPECT OF THE WEBSITE. YOU EXPRESSLY AGREE THAT THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SERVICE AND THE ACCURACY OR COMPLETENESS OF ITS CONTENT IS ASSUMED SOLELY BY YOU.

YOU WILL USE THE SERVICES OFFERED BY US ON THE WEBSITE AT YOUR OWN RISK AND WE DO NOT ACCEPT ANY RESPONSIBILITY FOR ANY LOSSES THAT YOU MAY SUFFER AS A RESULT OF THE USE OF THE WEBSITE.

WE DISCLAIM ANY AND ALL LIABILITY WITH RESPECT TO THE CONTENT MADE AVAILABLE THROUGH THE WEBSITE, INCLUDING BUT NOT LIMITED TO THE CONTENT UPLOADED BY USERS OR THE THIRD-PARTY CONTENT AND SERVICES.

Privacy and Data Protection

We will process your personal data to the extent you have explicitly given us such information and is further described in our Privacy Policy [provide hyperlink]. Please review our Privacy Policy for more information about how we gather, process and manage personal data received from you.

Confidentiality

We shall not share your confidential information/data with any third party (other than our affiliates, including financial information needed for payment gateway in order to process payments) unless you have provided your express consent. We maintain strict security standards and procedures with a view to preventing unauthorized access to your confidential information/data by anyone, including our staff. The same shall solely be used as may be necessary for performing our obligations and in accordance with the Terms. Any information shared with our affiliates for performance of Service under the Terms shall be forthwith removed once the Service is completed and not accessible subsequently.

Waiver

Our failure to exercise/ enforce any right or require performance of an obligation in the Terms shall not constitute a waiver of such right or provision. No waiver by either us or by you of any breach of any term or provision in the Legal Terms, express or implied, shall operate as a waiver of another breach of the same or of any term or provision of the Legal Terms, express or implied. Headings in the Legal Terms are for convenience only and have no legal effect.

Severability

If any term or condition contained herein is or may become, under any written law, or is found by any court or administrative body or competent jurisdiction to be illegal, invalid, prohibited or unenforceable then such term or condition shall be ineffective to the extent of such illegality, being void, invalidity, prohibition or unenforceability. Further you and us agree that the court should endeavour to give effect to the intention as reflected in the provision. However, such invalidity or unenforceability shall not affect the other Legal Terms which shall remain in full force and effect. If any part of the Legal Terms is so found to be invalid or unenforceable but would cease to be invalid or unenforceable if some part of the provision were deleted, the term in question shall apply with such modification as may be necessary to make it valid and enforceable.

Entire Agreement
The Legal Terms represent the entire understanding, which are the complete and exclusive statement of the mutual understanding between you and us, concerning your use of the Website. Any and all previous courses of dealing, written or oral understandings, discussions, representations, correspondence and communications between us and you relating to the matters covered by the Legal Terms are hereby superseded. You agree that you have not relied upon, and will have no remedy in respect of, any warranty, statement, representation or understanding made by us or any other party unless it is expressly set out in the Legal Terms.

Future Amendments

You agree that we have exclusive right to amend, without notice, the Legal Terms at any time by posting the relevant amended and restated Legal Terms on our Website. You should review the Legal Terms regularly to ensure that you are aware of any changes we make. Your continued use of the Website after the amended Legal Terms are posted on the Website constitutes your agreement to, and acceptance of, the amended Legal Terms. If a User does not agree with the changes, he remains free to not access, view, or otherwise use any of our Services or register an Account.

Right to refuse services

We reserve our right to refuse any and/or all our Services to any User without giving any reason or explanation thereto, and cannot, under any circumstances, be held responsible for such refusal.

Governing Law and Disputes

The Legal Terms shall be governed by and interpreted in accordance with the laws of the Emirates of Dubai and the federal laws of United Arab Emirates, as applicable therein. Any dispute arising out of or in connection with the Legal Terms, including any question regarding its existence, validity or termination, shall be subject to the exclusive jurisdiction of the Courts of Dubai.

Contact

Any queries or comments about the Website or Terms should be directed via email to us [email protected]

Last Updated: 11/05/2023