TERMS OF USE
Version 1.0
Welcome to Dubai Cares
Dubai Cares is a Charity operating in Dubai, United Arab Emirates (“Dubai Cares” “we”, “us”, “our” and “Dubai Cares”).
These terms and conditions (“Terms”) set out the basis upon which (“Users”, “you”, “your”) can access and use the website by way of a computer system (including but not limited to Twitter/Google/Facebook), mobile device or through an application provided by Dubai Cares (“Services”).
If you have any questions about Dubai Cares then - in most cases - you will be able to find the answer in these Terms, or in the FAQ section of the Services. If you cannot find an answer to your query, then please feel free to contact us by visiting Contact us Page. (maybe add hyperlink)
1. TERMS
1.1. By accessing the Services you agree to be bound by these Terms. If you do not agree with any of the Terms, your sole recourse is to stop using Dubai Cares.
1.2. The Company may amend these Terms at any time by posting an updated version. The Company encourages you to check the Terms regularly for any amendments to it. Your continued use of the Services will constitute your express consent to these Terms.
1.3. Nothing in these Terms affects your statutory rights, either as a consumer of services or otherwise.
2. PRIVACY POLICY
2.1. The personal information you provide in the course of using the Services will be used in accordance with our Privacy Policy, the terms of which are hereby incorporated into and form part of these Terms.
3. DONATIONS
3.1. We will use your donation at our discretion but within Dubai Cares’ Vision and Mission.
3.2. All donations given to Dubai Cares shall be subjected to bank processing charges/ transaction fees and all such charges and fees shall be borne by the donor and deducted from the donation amount.
3.3. You can authorize us to directly charge your account on a specific defined basis including recurring donations on regular basis (“Preapproved Donation”) A Preapproved Donation, may be linked to a third party including but not limited to such as PayPal, Mpay in such case the third party payment terms will apply in addition to these Terms. You may stop a payment which is a Preapproved Donation at any time up to [3] Business Days prior to the next payment is scheduled to be made by notifying PayPal.
3.4. In reference to PayPal recurring donations, you can follow the below mentioned steps to opt-out from the recurring donations:
1-Log in to your PayPal account
2-Click on “Profile” link and then click the “My Preapproved Payments” link under “Payment Settings”
3-Click on the name of the subscription payment that you want to cancel.
4-Click on “Cancel” link and then click “Yes” to confirm the cancellation.
4. YOUR DETAILS
4.1. You can purchase Product(s) through our Services provided you are of legal age of majority in your home country (e.g. 21 years if you reside in the UAE). In case you are under the legal age of majority in your home country, you may not order any Product(s) via the Services. (If this applies to you, consider asking a parent or guardian to register his or her own account and/or order Product(s) for you.)
4.2. The purchase can be made by providing details through Dubai Cares website true, accurate, complete and current information (including name, date of birth, email address, credit/debit card details, and other details required for the form) should be provided.
4.3. By filling the form you warrant that the details you provide are correct and complete and you agree that you will inform immediately of any changes to those details (e.g. change of email or postal address). You authorize us to use any information provided to us in registering to verify your information (including any updated information), to obtain credit reports about you from time to time while you are registered. You must be issued with a major credit/debit card that is acceptable.
4.4. You are responsible for maintaining the confidentiality of your information provided in the form and password and for preventing unauthorised access. You agree to accept responsibility for all activities. Please take all necessary steps to ensure that the information is kept confidential and secure. Please inform Dubai Cares immediately if you have any reason to believe that are being, or are likely to be, used in an unauthorized manner.
4.5. You will not be charged by Dubai Cares for browsing through our Services or posting content. You will only be responsible for paying the price of the Product(s) you purchase (including any tax on the purchase price and any import/export duties) and delivery costs.
4.6. Dubai Cares reserves the right to refuse access to the Services, terminate accounts, remove or edit content, or cancel orders at Dubai Cares discretion.
5. PRODUCTS
5.1. Dubai Cares is not the manufacturer of the Product(s) sold via the Services. We do our best to ensure that information provided on the Services is accurate, but we do warrant that it is accurate, complete, reliable, current, or error-free. You should not rely solely on the information presented on the Services, and you should read labels, warnings and directions provided with the Product(s).
5.2. Dubai Cares has made every effort to display the colours, specifications and dimensions of the Product(s) on the Services as accurately as possible. The colours you see will depend on the settings and resolution of your display device; Dubai Cares cannot guarantee that your device's display of any colour will accurately reflect the colour of the Product(s) delivered. Dubai Cares may from time to time vary the dimensions, specifications and quantities of the Product(s) displayed on the Services without prior notice.
6. PRICING
6.1. The prices will be displayed in United Arab Emirates Dirham (AED).
6.2. All prices are subject to change without notice. Prices may change at any time due to markdowns or price changes advised from suppliers and vendors. These price changes can reflect at any time throughout the day and may result in the price of a Product increasing or decreasing. These markdowns can be permanent or temporary, and any changes in prices are at the discretion of the Company and are in line with pricing guidelines from suppliers and vendors.
6.3. From time to time, there may be errors in the pricing that appears on the Services or during the order process. We will try to resolve, in good faith, any issues that may arise as a result of such errors. You need to cooperate with us to resolve such issues, and you agree that we shall have full discretion to determine the appropriate resolution in such cases. If we have made a mistake, and the correct price is lower than the stated price, we will charge the lower amount. If the correct price is higher than the price displayed on the Website, we may check with you to see if you want to continue with the order at the higher price or cancel your order.
7. ORDER AND PAYMENT
7.1. When you place an order for Product(s), certain personal and transactional information (e.g. name, address, email address). The use of your information is detailed in the Privacy Policy.
7.2. You may pay for the Products which you order online by providing your credit/debit card details on the secure online order form or through any third party such as but not limited to PayPal. Dubai Cares regrets that it cannot accept cheques, or similar modes of payment on the Services.
7.3. When you place your order, Dubai Cares or any third party such as PayPal, Mpay system automatically asks your card issuer for authorization for the transaction amount. If a valid authorization is received, your card issuer will hold this value expecting a charge. The receipt of your credit card details and debit of payments does not constitute Dubai Cares acceptance of your order.
7.4. We take reasonable care to make our Services secure. All credit/debit card transactions on our Services are processed using PayPal, Mpay secure online payment gateway that encrypts your card details in a secure host environment. Please read and agree to all terms and conditions of PayPal and Mpay. If you are a registered user of the Service, we will securely store your credit/debit card details on our systems. These details will be fully encrypted and only used to process card transactions, which you have initiated. PayPal, Mpay terms will apply in addition to these terms.
7.5. To help ensure that your shopping experience is safe, simple and secure we use Secure Socket Layer (SSL) technology.
7.6. The Company accepts orders for Product(s) subject to availability. We may not accept your order in a variety of situations, including:
(a) saved in wish list/basket but not paid for,
(b) if the item is out of stock,
(c) if we are unable to obtain authorization for your payment,
(d) if shipping restrictions apply to a particular Product(s) ,
(e) if we find a pricing error,
(f) if a Product(s) fails our internal quality checks, or
(g) for any other reason (at our sole discretion).
7.7. We will not process your payment (or will cease processing your order) in these types of situations, and will not be liable to you or to any third party by reason of our decision to decline processing, or unwinding or suspending any transaction after processing has begun. We reserve the right to refuse service, terminate your account, or cancel orders, at our sole discretion.
7.8. If you use the Service to order Product(s), you agree to pay the full amount payable for such Product(s) as indicated during the order process, along with any shipping costs or other charges applicable to that order. If the issuer of your credit/debit card refuses to authorize payment, we will cancel your order and contact you for an alternative method of payment. We cannot be held responsible if this results in a delay in dispatching your order. Further, it is your responsibility to keep track of the status of your order.
7.9. The shipping costs will be calculated during the check-out process of the Product(s) and will be exclusive of customs amount.
7.10. The total amount for Product(s) shipped outside the UAE will not be inclusive of VAT. It is the User’s responsibility to pay VAT and any customs in their own country.
7.11. The total amounts for Product(s) shipped within the UAE will include VAT.
8. DELIVERY
8.1. Standard deliveries are made between Saturday and Thursday and will be undertaken by a third party appointed by Dubai Cares for and on behalf of Dubai Cares. Dubai Cares makes every effort to dispatch Product(s) on time. If the ordered Product(s) are not delivered within the time period specified in the confirmation email, please contact by filling out a form quoting the order reference contained in your order confirmation email. Deliveries may be affected due to the weekends, public holidays or during Ramadan time or any events of force majeure.
8.2. If you are not at the delivery address, the third party delivering the Product(s) will assume that any adults that are present at the delivery address are authorized by you to take delivery of the Product(s) that you have ordered. If the above criteria is not met or if there is no one at the delivery address, the third party delivering the Product(s) will not leave the Product(s) at the delivery address. Instead the third party delivering will contact you to arrange an alternative delivery time.
9. SHIPPING
9.1. If the Product(s) you ordered via the services are to be sent to you directly by us (or our agents), risk of loss and title for the Product(s) pass to you upon delivery of such product(s) from us to the shipping carrier. The Product(s) you order may be directly sent to you from the third party provider of such Product(s) items, in which case our involvement and responsibility is limited to facilitating payment; risk of loss and title for the Product(s) pass to you upon our receipt of payment. We are not responsible for any delays or loss in the shipping of your Product(s) items, irrespective of whether they are sent to you directly by us (or our agent) or from a third party provider. You should note that the estimated delivery times are provided as a general guide only. Further, you should be able to track your order through our Services.
10. EXCHANGE & REFUNDS
10.1. There shall be no refund or exchange in the following cases: 1) change of mind about the Product(s) purchased; 2) the item was free from any defects; or 3) the item was available elsewhere at a lower price. An exchange or refund can be permissible in the event of any defect discovered and the refund shall be made according to the method of the payment made by you and you shall have [14] working days in order to refund or exchange the Product(s).
11. CUSTOMS REQUIREMENTS
11.1. You are considered the importer of records and must comply with all the laws and regulations of the country to which the Product(s) will be delivered. Cross-border deliveries are subject to opening and inspection by customs authorities. Our system is designed to limit the ability of Users in certain jurisdictions to order certain Product(s) not permitted in such jurisdictions, but we cannot guarantee that any third party providers of Product(s) use similar mechanisms. We cannot be responsible for any instance in which Product(s) ordered via the Services are delayed, detained or destroyed by local customs authorities due to non-compliance with local requirements. We cannot be responsible for any instance in which Product(s) ordered via the Services are subject to import duties and taxes, which are levied once the package reaches the specified destination; you are responsible for any customs-related charges. Customs’ policies vary widely from country to country, thus so we encourage you to contact your local customs office for further information.
12. USE OF SERVICES
12.1. Dubai Carestries to keep all information on its Services up-to-date, but it may not be correct at all times. You should independently check the information you use is correct and agree that you use the Services at your own risk. If you find any incorrect information, you can notify the Company by calling or completing the contact us form.
12.2. You must not conduct or promote any illegal activities while using the Services. This includes any activities that (in the Company’s opinion) breach copyright, infringe on privacy or infringe any third party rights as well as activities that are defamatory to third persons. To do so may lead to prosecution.
12.3. You must not use the Services to generate unsolicited emails, spam or promotional materials to other Users. You must not do anything to cause damage to the Services or other users of the Services, including any technical damage to the other computers. You must not send any viruses or other material designed to adversely affect the operation of the Services, affect any other Users of the Services or affect any equipment or any data in the Services. You must not attempt to gain access to the Services or the system that runs the Services. You must not interfere with the security of the Services, its services, system resources or network. You must not use the Services in any manner that could damage, overburden or impair the Services nor harvest or otherwise collect any information about the Users. You must not establish a link to the Services without seeking Dubai Cares prior written consent and the link must not suggest any form of association, endorsement or approval on your part where none exists. You must not frame the Services on another website without seeking the Dubai Cares prior written consent. You must not change, edit, add to or produce summaries of its content anywhere else.
12.4. Please note that it is illegal to place orders under a false name, with a fraudulently obtained debit/credit card or without the consent of the cardholder. Any party engaged in illegal activities involving the use of our Services may be subject to prosecution. Dubai Cares does not guarantee that Dubai Cares will be able to prevent any illegal or inappropriate use of the Services, or will give notice of any illegal or inappropriate use of the Services.
13. CHANGE OF SERVICES AND CESSATION OF OPERATIONS
13.1. The Dubai Cares reserves the right to change or correct any errors or omissions on the Services, and to alter, limit or discontinue the provision of any of the services provided via the Services, at any time without prior notice to you. Dubai Cares will use reasonable efforts to include up-to-date and accurate information in the Website, but it reserves the right to delete, modify, or supplement the content of the Website at any time for any reason without prior notification.
14. THIRD PARTY LINKS AND ADVERTISEMENTS
14.1. The Services may contain links to other websites. Dubai Cares makes no representations or warranties as to the content, privacy practices and other practices of any websites operated by a third party and Dubai Cares does not assume responsibility for the content or practices of such websites. You should check the terms and conditions and privacy policies for all third party websites you visit to understand their procedures.
14.2. If you use any material, or visit any linked website, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive material. Dubai Cares does not endorse and are not responsible for the use of, or the content of, any third party websites. Dubai Cares is not responsible for anything that may happen when you use them.
15. INTELLECTUAL PROPERTY
15.1. The Services’ content is protected by copyright, trademark and other intellectual property rights. Dubai Cares, or its licensors, retain all rights in such content. You are only permitted to access and use these Services for personal purposes. You may not use these Services, or any of its content, to further any commercial purposes, including any advertising or advertising revenue generation activity on your own website. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, or sell any content or software contained within the Services.
15.2. Dubai Cares is not responsible for any error or inaccuracy in any advertising or sponsorship material on the Website.
16. USER CONDUCT AND USER GENERATED CONTENT
16.1. You agree to comply with all legal requirements of the jurisdiction in which you are located with regard to your use of the Services, and you acknowledge that you are entirely responsible for ensuring your own familiarity with such requirements and your own compliance with the same. The Services may at times provide opportunities for Users to post reviews and other comments, questions, suggestions or other information (“User Generated Content”) on the Services. You warrant that any such User Generated Content submitted by you to the Services is original (and does not infringe the copyright of others), and you hereby grant Dubai Cares a perpetual, irrevocable, non-exclusive, royalty-free license to use such User Generated Content so submitted, without any further recourse to you, and you hereby waive any moral rights in such User Generated Content. You agree that you will not post any content that is contrary to morality, defamatory, inflammatory, that infringes copyright, or that may otherwise breach common decency or be contrary to law. Dubai Cares has the right, but not the obligation, to monitor, edit or remove any activity or User Generated Content, and takes no responsibility and assumes no liability for any User Generated Content posted by you or any third party.
17. DISCLAIMER OF WARRANTY
17.1. The Services and its contents are provided on an "as is" and “as available” basis. Dubai Cares, its parents, subsidiaries, affiliates, and their respective suppliers, and any of their owners, officers, directors, managers, members, agents, and employees, expressly disclaim (to the fullest extent permitted by applicable law) any and all express, implied, and statutory warranties, including, without limitation, any warranties of merchantability, fitness for a particular purpose, freedom from computer virus, title, and non-infringement of proprietary rights.
17.2. By registering the purchase order through our Services, you acknowledge and agree that all responsibility for the Product(s) is the responsibility of the manufacturer, and that we are not responsible for those Product(s) except as described in the return section regarding Product(s) return and refund of the price paid (where applicable).
18. LIMITATION OF LIABILITY
18.1. To the maximum extent permissible by applicable law, the Dubai Cares, its parents, subsidiaries, affiliates, and their respective suppliers, and any of their owners, officers, directors, managers, members, agents, and employees:
(a) Are not liable for any direct, indirect, punitive, incidental, special, or consequential damages or loss (including, without limitation to, incidental and consequential damages, lost profits, or damages resulting from lost data or business interruption) arising out of, or in a way connected with, the use or inability to use the Services and its contents, whether based on warranty, contract, tort (including negligence), or any other legal theory, and whether or not Dubai Cares is advised of the possibility of such damages; and
(b) Exclude any and all liability for damages caused by, any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any communications due to technical problems or traffic congestion on the internet or on the Services or combination thereof, including any injury or damage to any Users or to any person's computer related to or resulting from use of the Services.
18.2. Where it is not possible to exclude liability under applicable law, you agree that Dubai Cares maximum liability for any corresponding claim shall be limited to a maximum amount of AED 100.
19. INDEMNITY
19.1. You agree to hold harmless and indemnify the Dubai Cares, its parents, subsidiaries, affiliates, and their respective suppliers, and any of their owners, officers, directors, managers, members, agents, and employees, from and against any claims, liabilities, suits, judgments, litigation costs, causes of action, demands, recoveries, losses, damages (actual and consequential), fines, penalties, and attorneys’ fees or other costs or expenses of any kind or nature arising from or in any way related to your use of the Services, including, but not limited to those brought by you or on your behalf in excess of the liability described above, or by third parties as a result of your breach of these Terms, your violation of any law or the rights of a third party, or your use of the Services.
20. RELATIONSHIP AND NOTICE
20.1. None of the provisions of these Terms will be deemed to constitute a partnership or agency between you and Dubai Cares and you will have no authority to bind Dubai Cares in any manner whatsoever.
20.2. Except as explicitly stated otherwise, any notices to Dubai Cares from you will be delivered by email provided under the Contact Section with a physical copy sent to Dubai Cares by mail or courier, such notice deemed given on confirmation of its receipt to you by Dubai Cares by return email. Any notices to you from the Dubai Cares will be given by notices posted on the Services or by email to the email address you provide to Dubai Cares and will be deemed to be received by you [48] hours after any such email is sent. Alternatively, Dubai Cares may give you notice by mail or pre-paid shipping to the address provided to Dubai Cares during the registration process. In such cases, notice will be deemed given [7] days after the date of mailing.
20.3. If any clause of these Terms is deemed invalid, void or for any reason unenforceable, such clause will be deemed severable and will not affect the validity and enforceability of the remaining clauses of these Terms. These Terms (as amended from time to time in accordance with its Terms) and Privacy Policy sets out the entire understanding and agreement between you and the Company with respect to the use of the Services.
20.4. Any failure by Dubai Cares to enforce any terms set out in these Terms or other policies with you is not a waiver of Dubai Cares rights to enforce those terms.
21. ELECTRONIC COMMUNICATIONS
21.1. To fulfill our obligations to you under these Terms, we may wish to communicate with you by email and/or by posting notices on the Services. You agree to receive communications from us electronically and that electronic communications will satisfy any legal requirement for communications, which need to be in writing.
22. TERMINATION
22.1. Dubai Cares may terminate or suspend your access to all or part of the Services without prior notice, if it believes that your conduct is in violation of these Terms, applicable law, or otherwise harmful to the interests of Dubai Cares or any third party. Notwithstanding such termination or suspension, you agree that you will continue to be subject to the obligations, which, by their nature, survive such termination, or suspension, including the obligations relating to intellectual property rights, User Generated Content, etc.
23. GOVERNING LAW AND JURISDICTION
23.1. The Terms shall be governed by the laws of Dubai, United Arab Emirates. Any dispute regarding these Terms shall be subject to the exclusive jurisdiction of the Courts in Dubai. If any portion of these Terms is held to be unenforceable, invalid or illegal by any court of competent jurisdiction, the remainder of the Terms shall not be affected.
24. SEVERABILITY
24.1. If any provision of these Terms is found to be invalid by a court or competent jurisdiction, that provision will only be limited to the minimum extent necessary and the remaining provisions will remain in full force and effect.
25. CONTACT
Dubai Cares License No. 89 having a registered office at Dubai Healthcare City, District 7, Building 16, level 4, Dubai, United Arab Emirates. You can contact us regarding the Services, or these Terms, on our Contact us page by filling out a form.
