Terms and Conditions:
PLEASE READ THESE TERMS AND CONDITIONS (“T&Cs”) CAREFULLY BEFORE USING THE MOBILE/ SOFTWARE APPLICATION
⦁ WHAT’S IN THESE TERMS?
These T&Cs tell you the rules for using our mobile or software application(s) named “Novio” across Android and iOS mobile operating systems which are distributed through Google's Play Store and Apple's App Store (“Platform”), and the services provided on our Platform to users in the UAE.
These T&Cs are effective for all existing and future users of the Platform.
⦁ WHO WE ARE AND HOW TO CONTACT US
The Platform is owned and/or operated by Novio Portal (”we”, “us” or “our”). We are an entity established under the laws of the Emirate of Dubai, with registration number 853131 and have our registered address at email@example.com.
To contact us, please email us at firstname.lastname@example.org or call us at +971 55 777 0909.
⦁ BY USING OUR PLATFORM, YOU ACCEPT THESE TERMS
By using the Platform, you confirm that you accept these T&Cs and that you agree to be legally bound to comply with them.
If you do not agree to these T&Cs, you must not use the Platform. These T&Cs take effect from the date when you first access this Platform.
We reserve the right to change these general T&Cs at any time and without any notice. Any changes in these T&Cs will apply on all new bookings after posting the changes on our Platform. You should review the general T&Cs and other polices posted on our Platform before each booking of the Service.
We recommend that you print a copy of these terms for future reference.
We provide online booking services by entering into concierge contractual arrangements with salons, spas and skincare clinics located in Dubai, UAE (collectively referred to as “Vendor(s)”) for the purpose of listing their services on our Platform and allowing users to book appointments online with the Vendor (“Services”).
The user can make a request for booking a service via the Platform on the available time slots and such booking will be confirmed to the user by an email, SMS or other means of communication only after the Vendor accepts and confirms the booking. Neither the Vendor nor us are under any obligation to accept/ confirm the booking request.
While using the Platform to book the service with the Vendor, the user will be required to provide certain details. You hereby agree to provide the correct details and warrant that the details will be accurate and complete. By submitting a booking request, you express your acceptance to our T&Cs and agree to receive booking confirmations by email, SMS and/or by any other means of communication after booking an appointment through our Platform. You further agree not to make more than one reservation for your personal use for the same time.
Unless otherwise stated, all prices for the services provided by the Vendor shall be listed on our Platform. The user shall also be liable to pay any additional charges and/or applicable taxes that may be applicable to the transaction. The total price of the service(s) booked including the applicable taxes, and other charges (“Total Fee”), will be displayed on the Platform when you schedule an appointment with the Vendor. Users shall make full payment towards such service ordered via the Platform either through credit/ debit card or direct payment to the Vendor through cash/ card payment in the event the Vendor is a salon. Promo codes can only be used by you subject to such terms and conditions set forth by us from time to time.
Except for booking the services with a Vendor that is a salon (see next section), you shall make the payment for the Total Fee at the time of booking an appointment on the Platform. Any payment on our Platform shall be through a Visa or MasterCard credit/debit card in UAE Dirhams (AED).
All credit / debit card payments are subject to authorisation/ validation by the issuing bank. If the issuing bank refuses to authorise the payment, we shall cancel your booking and contact you to check if an alternative method of payment can be arranged. We shall not be responsible if this results in a rejection of your booking.
Further, when you submit your payment details/information (including but not limited to, credit/debit card number, full name, billing address, home address, account number and expiration date of the credit/debit card) on our Platform to place an order, your payment details shall be provided directly to our payment provider via a secured connection. We shall not store or collect your payment information, and shall not be held responsible and/or liable for any losses suffered by you, whether directly or indirectly, as a result of you sharing your payment details/information on or through our Platform. Any and all losses arising due to you sharing your payment information with our payment provider shall solely be the responsibility and liability of the payment provider.
You must retain a copy of the payment confirmation and policies, terms and conditions, and rules of the Vendor (if applicable). The credit/debit cardholder must be at least 18 years old or above.
Direct Payment with salons
Alternatively, in the case where the Vendor is a salon, you have the option of making the payment either through a credit/ debit card payment on the Platform while booking the services or by cash or card in UAE Dirhams (AED) directly to the Vendor upon completion of the Service. In thee case of the latter, you shall use our Platform to book the Vendor’s service online and opt for the “payment upon completion of Service”, which shall only be available where the Vendor is a salon.
However, please note that you shall not be entitled to any Loyalty Points under the Point Scheme Policy in the event the payment is done directly to the Vendor.
⦁ POINT SCHEME POLICY
You will also have the chance to earn points (“Loyalty Point(s)”) for every purchase made via card payment on the Platform. The number of Loyalty Points to be earned and the value of each Loyalty Point shall be subject to such terms and conditions set forth by us from time to time.].
The Loyalty Points can be redeemed in accordance to the following:
⦁ can be redeemed at any of the Vendors listed by us, which may be updated periodically from time to time at our discretion;
⦁ can redeem Loyalty Points per booking based on the terms and conditions set forth by us from time to time
⦁ cannot be exchanged for cash
⦁ cannot be used during the same visit at which the Loyalty Points were earned;
⦁ requires the availing member to be present at the Vendor;
⦁ shall expire within the period specified by us from time to time ; and
⦁ cannot be clubbed with any other offers or discounts or offers extended by the Vendor, us or any third party.
⦁ REFUND AND CANCELLATION POLICY
Any request for modifications of the confirmed booking will be subject to acceptance by the Vendor and should be made 4 hours before the scheduled booking time. In the event of modification of a booking by the user is after 4 hours before the scheduled booking time, there shall be a modification fee, amounting to AED 10 per modification.
Any request for cancellations of the confirmed booking will be subject to a cancellation fee, amounting to 7% of the Total Fee, and any outstanding amount (if applicable) shall be refunded to the user within [x] days from the date of such cancellation.
We advise you to arrive [10 minutes] before the scheduled booking time. The Vendor retains the right to cancel the booking and allocate the booking slot to a third party in the event you are [15 minutes] later than the scheduled booking time and in no way shall we be liable for such cancellation initiated by the Vendor. Further, in the event you are late by more than [15 minutes] or fail to show up at the Vendor for your scheduled appointment, you shall be required to pay a cancellation fee, amounting to 7% of the Total Fee, and any outstanding amount (if applicable) shall be refunded to the user within [x] days from the date of such cancellation. However, despite the late arrival, in the event the Vendor still provides the Services to you, then you shall be required to pay the Total Fee and you shall not be entitled to any refunds.
Non-compliance with the Vendor’s instructions
You shall not be entitled to a refund in the event the booking is cancelled or the Vendor is unable to provide you the booked service(s) due to your non-compliance with the instructions placed by the Vendor for the particular service(s).
In the event the Vendor does not provide the Service due no fault attributable to the user, the user shall be entitled to a full refund of the Total Fee.
All refunds will be processed and issued in accordance with the payment method used to book the service with the Vendor online. In the case of card payments, the refunds shall be processed towards the originating credit/debit card, and the duration for the refund amount to reflect in your account shall depend solely on your card issuing bank’s processing time frame. Further, in the event Loyalty Points have been redeemed for the booking, the redeemed Loyalty Points shall also be returned to the user to the extent the user is entitled to the refund.
In the event the Vendor fails to honour the confirmed booking/reservation due to no fault attributable to the user, you may contact us on the contract details provided above. However, in case of any complaint raised by you in relation to the quality of the service provided by the Vendor, you shall raise the same with the Vendor. In light of the foregoing, you hereby agree that we shall not be responsible and/or held liable for any loss suffered by you as a result of the Vendor’s failure to honour the booking/reservation and/or inefficient service provided.
⦁ ACCOUNT AND REGISTERED USER
In order to book the service on our Platform, you shall create an account (“Account”), however, you may access the Platform as a “Guest” user if you would want to browse through the Platform. Each user is allowed to set up only one Account.
You must ensure that the details of your Account are kept confidential. You are solely responsible for any online activity transmitted or conducted from your Account and may be held responsible for any and all losses arising out of the wrongful and fraudulent use of your Account.
To register or create an Account on our Platform or to book a service on the Platform as a Guest, you must be at least 21 years of age, and must provide true, accurate, current, and complete information about yourself (including name, date of birth, email address, credit card details, and other details) as requested during the Account creation process or at the time of booking the service or while using the Platform as a Guest. If you are under the age of 21years, you may use this Platform only under the supervision of a parent or legal guardian who agrees to be bound by these T&Cs. If you are a parent or legal guardian agreeing to these T&Cs on behalf of a person under the age of 21 years, you are fully responsible for his or her use of this Platform, including all financial charges and legal liability that may be incurred.
By registering and using the Platform, you hereby warrant that the information provided by you in the course of the registration/ creation of an Account or in the course of using the Platform as a Guest, is true accurate, current, and complete in all respects.
Without prejudice to our other rights and remedies, we may disable your Account at our sole discretion and without notice if we detect or suspect any fraudulent or wrongful use of your registered account and/or if an individual creates multiple accounts. We reserve the right to refuse service, terminate Accounts, or cancel bookings at our sole discretion.
If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at email@example.com
⦁ USER CONDUCT
You may be allowed to post reviews, comments, questions, suggestions and other information on our Platform. Whenever you make use of a feature that allows you to upload content to the Platform, or to make contact with other users of the Platform, You must comply with the content standards set out in these T&Cs.
You hereby warrant that any such content posted on our Platform by you shall be original and shall not infringe the intellectual property rights of any third party.
Further, the submission of any such content on our Platform shall not be considered confidential. We shall have no obligation to you of any kind with respect to such content including but not limited to (1) to maintain the confidentiality of the content; (2) to pay the user any compensation for the content; or (3) to respond to such content. By submitting any information to our Platform, you understand that we shall be free to reproduce, use, disclose, display, exhibit, transmit, perform, create derivative works, and distribute the information to others without limitation, and to authorize others to do the same. In addition, we shall be free to use any ideas, concepts, know-how or techniques contained in such information for any purpose whatsoever, including but not limited to, developing, manufacturing and marketing products and other items incorporating such ideas, concepts, know-how or techniques. In this regard, you hereby irrevocably assign all your rights in such content to us. Insofar as such rights are not assignable, you hereby grant us a perpetual, world-wide, irrevocable, non-exclusive, fully paid and royalty-free and transferable license and right to use such content.
You further agree that you will not post any content that is contrary to morality, defamatory, inflammatory, that infringes intellectual property rights, or contain viruses, political campaigning, commercial solicitation, mass mailings or any form of “spam” or that may otherwise breach common decency or be contrary to the applicable law.
We have the right (but not the obligation) to regularly review such posted content, and we reserve the right to monitor, edit or remove any such content from the Platform.
We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to the Platform constitutes a violation of their intellectual property rights, or of their right to privacy.
You are solely responsible for securing and backing up your content.
We do not store terrorist content.
⦁ HOW YOU MAY USE MATERIAL ON OUR PLATFORM
All the intellectual property digitally contained, offered, displayed, and disclosed through the Platform(including but not limited to photographic images, text descriptions, names, brand names, trademarks, graphic designs, and music) (“Content”) remains our property as an owner or as an approved licensee and/or its licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by us and our licensors.
You may store, print and display the Content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the Content or copies of the Content supplied to You or which appears on the Platform or third party submissions or other proprietary rights not owned by you: (i) without our express prior written consent, and (ii) in any way that violates any third party right nor may you use any such Content in connection with any business or commercial enterprise.
Our licensors and our authorised affiliates status (and that of any identified contributors) as the authors of content on the Platform must always be acknowledged.
You must not use any part of the Content on Platform for commercial purposes without obtaining a licence to do so from us or our licensors.
If you print off, copy, or download any part of our Platform in breach of the T&Cs, your right to use our Platform will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
The trade mark and the associated trade name [insert trade name] are owned by us. You shall not have the right to use or publicly display the [insert trademark] trade mark or the trade name [insert trade name].
We continue to reserve any right(s) not expressly granted in these T&Cs.
You must not misuse the Platform. You will not: commit or encourage a criminal offense; transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Platform; corrupt data; cause annoyance to other users; infringe upon the rights of us or any other person's proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as "spam"; or attempt to affect the performance or functionality of any computer facilities of or accessed through the Platform. Breaching this provision would constitute a criminal offense and we will report any such breach to the relevant law enforcement authorities and disclose your identity to them.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Platform or to your downloading of any material posted on it, or on any Platform linked to it.
You are strictly prohibited to use the Platform for the usages as specified in these T&Cs.
⦁ RESTRICTING ACCESS TO THE PLATFORM
Access to certain areas of the Platform may be restricted. We reserve the right to restrict access to certain areas of the Platform, or indeed the entire Platform, at our discretion.
If we provide you with a user ID and password to enable you to access restricted areas of the Platform or other content or services, you must ensure that the user ID and password are kept confidential.
⦁ THERE ARE OTHER TERMS THAT MAY APPLY TO YOU
These T&Cs refer to the following additional terms, which also apply to your use of the Platform:
⦁ WE MAY MAKE CHANGES TO THESE T&CS
We amend these T&Cs from time to time. Every time you wish to use the Platform, please check these T&Cs to ensure you understand the terms that apply at that time as they are legally binding on you, provided you accept them through your use of the Platform. Some of the provisions contained in these T&Cs may also be superseded by provisions or notices published elsewhere on Platform.
⦁ WE MAY MAKE CHANGES TO OUR PLATFORM
We may update and change our Platform from time to time to reflect changes to the Products, our users’ needs,
and our business priorities.
⦁ WE MAY SUSPEND OR WITHDRAW OUR PLATFORM
The Platform is made available free of charge.
We do not guarantee that the Platform or any content on it, will always be available or be uninterrupted. We may suspend, withdraw, and/or restrict the availability of all or any part of the Platform for business and operational reasons without the obligation or commitment to notify you beforehand.
You are also responsible for ensuring that all persons who access the Platform through your internet connection are aware of these T&Cs and other applicable terms and conditions, and that they comply with them.
⦁ DO NOT RELY ON INFORMATION ON THIS PLATFORM
The content on the Platform is provided for general information only. It is not intended to amount to advice on which you should rely.
Although we make reasonable efforts to update the information on the Platform, we make no representations, warranties, or guarantees, whether express or implied, that the content is accurate, complete, or up to date. We assume no responsibility for the accuracy of the information, which may contain technical or other kinds of inaccuracies, omissions or typographical errors. We have no special relationship with or fiduciary duty to you. You acknowledge that we have no control over, and no duty to take any action regarding: which users gain access to the content; what effects the content may have on you; how you may interpret or use the content; or what actions you may take as a result of having been exposed to the content. You release us from all liability for you having relied or not relied on the content.
⦁ LEGAL PROCEEDINGS
We do not accept any liability of your involvement in any mediation, arbitration, tribunal hearing, court proceedings, or other proceedings (of whatever nature) with any other users of the Platform, advertisers, or any other third parties.
⦁ AVAILABILITY OF OUR CONTENT
The Platform and/or content may be unavailable from time to time due to mechanical, telecommunication, software, hardware, and/or and third-party vendor failures, updates, or construction. We cannot predict or control when such downtime may occur and cannot control the duration of or be held liable to any damages resulting from such downtime.
⦁ WE ARE NOT RESPONSIBLE FOR WEBSITES WE LINK TO
Where the Platform contains links to other websites and resources provided by third parties, these links are provided for your information and convenience only. If you use such links, you will leave our Platform. We have not reviewed any of these third-party websites and are not responsible for the same, including their content or availability and the conduct of the proprietors of such third-party links. The inclusion of these links on the Platform does not imply any endorsement or approval of the linked sites or the content, information or any linked addresses therein, or make any representations about them, or any material found there, or any results that may be obtained from using them.
⦁ USER-GENERATED CONTENT IS NOT APPROVED BY US
The Platform may include information and materials uploaded by other users of the Platform, including bulletin boards, forums, and chat rooms. Information and material contained therein have not been verified or approved by us. The views expressed by other users on the Platform do not represent our views or values.
⦁ HOW TO COMPLAIN ABOUT CONTENT UPLOADED BY OTHER USERS
If you wish to complain about content uploaded by other users please contact us on Here
⦁ DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
We make no representations or warranties, either expressed or implied, with respect to our Platform or the content contained therein and to the fullest extent permissible under the law, disclaim all such representations and warranties.
Your access to and use of software and other materials on or through our Platform is solely at your own risk.
We make no warranty whatsoever about the reliability, stability, or virus-free nature of such software.
Unless expressly stated to the contrary, to the fullest extent permitted by law, the Platform, Our suppliers, content providers, and advertisers hereby expressly exclude all conditions, warranties, and other terms which might otherwise be implied by statute, common law, or the law of equity; and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive, or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance, or failures of this Platform or the linked sites and any material or content posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise.
We are not the service providers but merely a platform on which you are able to book services at the Vendors, and therefore, we shall not be liable for any acts or omissions on part of the Vendor, including inefficient or poor quality of services provided. Please note that certain services may have a health risk, and the Vendor’s guidelines should be referred to before booking the service.
⦁ HOW WE MAY USE YOUR PERSONAL INFORMATION
You hereby indemnify us and undertake to keep us indemnified against any losses, damages, costs, liabilities, and expenses (including, without limitation, legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute) incurred or suffered by us arising out of any breach by you of any provision of these T&Cs, or arising out of any claim that you have breached any provision of these T&Cs.
⦁ RIGHTS YOU ARE GIVING US TO USE MATERIAL YOU UPLOAD
When you upload or post content to the Platform, you grant us a perpetual, worldwide, non-exclusive, royalty-free, transferable licence to use, reproduce, distribute, prepare derivative works of, and display your user-generated content in connection with the service provided by the Platform and across different media and/or to use the content to promote the Platform or the service.
⦁ WE ARE NOT RESPONSIBLE FOR VIRUSES AND YOU MUST NOT INTRODUCE THEM
We do not guarantee that the Platform will be secure or free from bugs or viruses.
You are responsible for configuring your information technology, computer programmes, and platform to access the Platform. You should use your own virus protection software.
You must not misuse the Platform by knowingly introducing viruses, trojans, worms, logic bombs, or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Platform, the server on which the Platform is stored or any server, computer, or database connected to our Platform. You must not attack the Platform via a denial-of-service attack or a distributed denial-of service attack. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Platform will cease immediately.
⦁ RULES ABOUT LINKING TO OUR PLATFORM
You may link to our Platform, provided you do so in a way that is fair, legal, and does not damage our reputation or take advantage of it.
You must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part where none exists.
You may only create a link to the homepage of the Platform and not any other part of the Platform.
We reserve the right to withdraw linking permission without notice.
The Platform in which you are linking must comply in all respects with the content standards set out in these T&Cs.
If you wish to link to or make any use of the content on our Platform other than that set out above, please contact firstname.lastname@example.org
⦁ BREACHES OF THESE T&CS
Without prejudice to our other rights under these T&Cs, if you breach these T&Cs, whether directly or indirectly, we may take such action as we deem appropriate to deal with the breach, including but not limited to, suspending your access to our Platform, prohibiting you from accessing the Platform, blocking computers using your IP address from accessing the Platform, contacting your internet service provider to request that they block your access to the Platform and/or bring legal or court proceedings against you.
⦁ INVALIDITY AND SEVERABILITY
If any part of the T&Cs is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the T&Cs will not be affected all other clauses remaining in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Further, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause /sub-clause as is permitted by law.
We may transfer, sub-contract, assign, novate or otherwise deal with your rights and/or obligations under these T&Cs without notifying you or obtaining your consent. You may not transfer, sub-contract, assign and/or otherwise deal with your rights and/or obligations under these T&Cs.
⦁ ENTIRE AGREEMENT
You understand and agree that these T&Cs (in addition to other policies referred herein) constitute the entire general agreement between you and us. Any and all previous course of dealings, written or oral understandings, discussions, representations, correspondence and communications between us relating to the matters covered by these T&Cs are hereby superseded. You hereby agree that you have not relied upon, and will have no remedy in respect of, any warranty, statement, representation or understanding made by any party, including us, unless it is expressly set out in these T&Cs. You may be subject to additional terms and conditions when you use, purchase or access other services, affiliate services or third-party content or material.
⦁ WHICH COUNTRY’S LAWS APPLY TO ANY DISPUTES?
Your use of the Platform and the operation of these Terms and Conditions shall be governed by and construed in accordance with the laws of UAE, as applicable in the Emirate of Dubai. You agree, acknowledge, and submit to the Courts of Dubai (excluding courts of Dubai International Financial Centre) having exclusive jurisdiction over all and any dispute or difference between us arising out of or in connection with this agreement.