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.
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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.