Glossy Globe is a mobile application (the “Application”) provided by AMA Advertising LLC (hereafter referred to as “we”, “us” or “our”). The Application enables individuals, such as you, to make appointments with our registered service providers (each a “Service Provider”) for beauty treatment services (the “Services”) to be provided in the comfort of your home. Please read through the User Agreement (“Agreement”) carefully before registering for a customer user account (“Account”) with us. If you do not agree to the terms of this Agreement, please do not download or use the Application.
1. GENERAL TERMS AND CONDITIONS
1.2 The Web is an evolving medium. We reserve the right to change or modify the terms and conditions of this Agreement. In the event that we change or modify the terms and conditions of this Agreement, we will publish the revised Agreement on the Application and on our website with the date of last revision duly recorded. You agree to review the latest version of the Agreement each time you use your Account so that you are aware of any changes or modifications. By continuing to use your Account following the date of the latest revision, you agree to be bound by the revised Agreement.
2.1 Eligibility. To be eligible to register for an Account with us, you must:
(a) be at least 18 years of age and capable of entering into and performing legally binding contracts under applicable law;
(b) have a mobile device owned and controlled by you and which meets basic specification requirements to run the apps (Apple and Android); and
(c) have the Application installed on your mobile device.
2.2 If you are under 18 years of age, please do not download or use the Application.
2.3 Creating an Account. When registering for an Account, you will be asked to provide us with certain information, including your name, mobile number, address, and date of birth. Upon successful registration, we will provide you with an Account, accessible to you with a single use verification number.
2.4 Using your Account. Your Account enables you to access and use the Application on your mobile device in accordance with this Agreement. You must not transfer or share your Account or password with anyone, or create more than one Account. You are responsible for maintaining the confidentiality of your password and for all activities that occur under your Account. You must not at any time use the Account of any other person. You shall not allow a person under 18 years of age to receive the Services unless they are accompanied by you.
2.5 By registering for an Account and using the Services, you represent, warrant and undertake that:
(a) all information provided to us is truthful, accurate, up-to-date and complete;
(a) you will comply with all applicable laws;
(a) you will not, in your use of the Services, cause nuisance, annoyance, inconvenience or property damage to the Service Provider or any other party; and
(a) any complaint that you may have regarding the Services shall be taken up by you with the Service Provider directly.
2.6 Your failure to maintain accurate, up-to-date and complete information may result in your inability to obtain the Services and/or to access and use your Account and the Application, and our termination of this Agreement with you.
2.8 Mobile Data. You acknowledge and agree that the use of the Application on your mobile device requires a mobile data plan, and may consume a large amount of data through the mobile data plan. You agree that you are responsible for all mobile data charges you incur through your use of the Application.
3. USING THE SERVICES
3.1 Making an Appointment. Once you have signed into your Account, the Application enables you to browse, select and submit a request for an appointment with a Service Provider who is in your vicinity. Once an appointment has been confirmed by the Service Provider (hereafter “Appointment”), the Application will provide you with a confirmation notice (which will also be sent by email to you) and certain information about the Service Provider so that you can get in touch if necessary. At the same time, the Application will provide certain information about you to the Service Provider, such as your name and contact details, so that they can fulfill the Appointment and get in touch with you if necessary.
3.2 The Appointment. Once the Appointment has been confirmed, you agree to meet the Service Provider at the agreed location and time. You may be asked by the Service Provider to provide proof of identity and other relevant information (e.g. allergies and health issues). You agree to provide full and accurate information to the Service Provider. You acknowledge that the quality of the Services is heavily dependent on the information which you provide to the Service Provider. You acknowledge and agree that you may be denied the Services if you refuse to provide proof of identity and other requested information to the Service Provider.
3.3 Rescheduling or Cancelling an Appointment. user may use the Application to:
(a) cancel an appointment within the first 10 minutes from the initial request without penalty or cancellation fees.
(b) reschedule an Appointment provided the request to do so is submitted through the Application at least 6 hours before the scheduled Appointment time.
(c) cancel an Appointment but if the request to do so is submitted less than 6 hours before the scheduled Appointment time, 50% of the price of the Services you have booked will be charged to you as cancellation fees.
3.4 In the event you do not turn up for an Appointment, the full price of the Services you have booked will also be charged to you as cancellation fees.
3.5 Your Relationship with Service Providers. You acknowledge and agree that your engagement of a Service Provider creates a direct business and customer-service provider relationship between you and that Service Provider. We are not responsible or liable for the actions or inactions of a Service Provider in relation to you, your activities, and the Services which you receive. You acknowledge that we are not obligated to conduct any background checks or screenings of persons who use the Application (including Service Providers and other customers who use the Application). You are responsible for your interactions with persons whom you get to know through the Application, whether such interactions take place in or outside of the Application. You shall be personally liable for any consequences arising from such interactions.
3.6 You acknowledge and accept that the Application is a platform for access to Service Providers and we are not responsible, whether directly or indirectly, for the Services you receive or for the acts or omissions of any Service Provider you engage through the Application. You are solely responsible for any decision or selection made by you in relation to the Service Provider or the Services.
3.7 In the event of dispute between you and the Service Provider or another user of the Application, you release us from any and all claims, demands, and damages arising out of or in connection with such disputes.
4.1 Charges. You understand that use of the Application may result in charges to you for the Services you receive from a Service Provider (“Charges”). All prices shown on the Application include value added tax unless otherwise stated.
4.2 You acknowledge and agree that the Charges of each Service Provider may vary depending on factors such as experience of the Service Provider and the time of your Appointment.
4.3 Payment. When using the Application to make an Appointment with a Service Provider, you will be asked to select your preferred payment mode of credit/debit card (“Card”) for the Services. If you choose to pay in cash, you agree to pay the full sum to the Service Provider on completion of the Services at your Appointment. If you choose to pay for the Services by Card, you:
(a) will need to register a valid Card which belongs to you in accordance with the instructions within the Application. If you register a Card, you agree that we may verify and authorise your Card details when you first register the Card with us and when you use the Application;
(b) appoint us as your limited payment collection agent solely for the purpose of accepting the Charges; and
(c) agree that payment made to us shall be considered the same as payment made directly by you to the Service Provider.
4.4 Charges paid by you are final and non-refundable, unless otherwise determined by us. If payment has been made through Card, we will send you a receipt by email.
4.5 Refunds. Customer refunds will be completed through the same mode that was used for payment. If the mode of payment was cash, the Service Provider will be responsible for handling and ensuring the refund of monies to you.
4.6 Third Party Payment Processors. We use third-party payment processors (the “Payment Processors”) to facilitate payment services on the Application. The processing of payments will be subject to the terms and conditions and privacy policies of the Payment Processor in addition to this Agreement. While we will endeavour to keep the Card payment services on the Application functioning at all times, we are not responsible for any errors or service interruptions of the Payment Processor. You shall be responsible to resolve any disputes with the Payment Processors and/or your Card company on your own.
5. PERSONAL DATA
6.1 You shall keep confidential all information and materials about the Application, and all information of a secret, confidential or proprietary nature concerning our business or affairs and which is not otherwise in the public domain that may come into your knowledge or possession as a result of communications between you and us or the performance of this Agreement (“Confidential Information”).
6.2 In the event that we discover that you have made or make or intend to make or cause to be made any unauthorized disclosure of the Confidential Information, we shall be entitled to take out an injunction against you to restrain you from making any such disclosure. In addition or in the alternative, as the case may be, we shall be entitled to exercise such legal and equitable remedies as are available in respect of the breach of this Agreement and to further protect the Confidential Information.
(a) We make no representation, warranty or guarantee as to the reliability, timeliness, quality, suitability, availability, accuracy of the Application and the information contained in or provided through the Application. The Application and any information contained in or provided through the Application are provided on an “as is” and “as available” basis.
(b) We do not represent or warrant that: (i) the use of the Application will be secure, timely, uninterrupted or error free or operate in combination with any other hardware, software, system or data; (ii) the Application will meet your requirements or expectations; (iii) the Services which you received form a Service Provider would meet your medical needs or other personal requirements; (iv) the quality of, information or other materials obtained by you through the Application will meet your requirements or expectations; (v) any stored data will be accurate or reliable; (vi) errors or defects in the Application will be corrected; or (vii) the Application or our servers are free of viruses or other harmful components.
(c) All conditions, representations, and warranties, whether express, implied, statutory or otherwise, including, without limitation, any implied warranties of merchantability, fitness for a particular purpose, and non-infringement, are hereby excluded and disclaimed to the fullest extent.
(d) Your use of and reliance upon the Application and any information contained in or provided through the Application is at your sole risk and discretion.
(e) The Application may be subject to limitations, delays, and other problems inherent in the use of the Internet and electronic communications (including problems inherent to the mobile device you use). We are not responsible for any delays, delivery failures, damages, or losses resulting from such problems.
8. LIMITATION OF LIABILITY
8.1 To the fullest extent permissible under applicable law, in no event shall we be liable to you or any third party for any direct, indirect, punitive, exemplary, incidental, special or consequential damages (whether in contract, tort, or otherwise) arising out of or in connection with this Agreement, including, but not limited to, any loss of use, loss of data, business interruption, loss of income or profits, irrespective of whether it had advance notice of the possibility of any such damages.
8.2 Without limiting the generality of the foregoing, our maximum liability for any and all claims of any kind arising out of this Agreement will not exceed AED 1,000.
You agree to indemnify, defend, and hold harmless our company, its shareholders, officers, employees, independent contractors and agents and all successors and/or assigns from, and against, any claims, proceedings, losses, expenses, damages and costs, including legal fees, arising out of or in connection with: (a) your access and use of the Application; (b) use of your Account other than in accordance with this Agreement; (c) your use of the Services; (d) your dealings with any Service Provider; (e) your breach of this Agreement; (f) your violation of law; (g) your negligence or willful misconduct; (h) your violation of the rights of a third party, including the infringement by you of any intellectual property or misappropriation of any proprietary right or trade secret of any person or entity.
10. SUSPENSION AND TERMINATION
10.1 You may deactivate your Account at any time by contacting our call centre via phone or email.
10.2 We reserve the right, at our sole discretion, and without liability, to:
(a) suspend or terminate your Account and/or your access to the Application at any time for any reason and without notice; and/or
(b) generally cease offering or deny access to the Application or any part thereof, at any time for no reason, with or without notice.
10.3 You acknowledge and agree that if you deactivate your Account or if we suspend or terminate your Account, you may lose any and all information associated with your Account. It is your responsibility to back-up such information.
10.4 Notwithstanding the foregoing, we may terminate your Account immediately and deny you access to the Application, without prior notice, in any of the following events:
(a) if you fail to comply with any of the terms and conditions stipulated in this Agreement; and
(b) if there are persistent complaints from Service Providers or other users of the Application in relation to you.
10.5 Upon termination, the following shall apply:
(a) you shall immediately settle all sums due and payable to us and/or any Service Provider up to the date of termination of this Agreement;
(b) all licenses and rights granted to you will immediately cease; and
(c) you shall cease all use of the Application and delete and fully remove the Application from your mobile device.
10.6 Termination shall be without prejudice to any other rights or remedies which either party may be entitled to hereunder or at law and shall not affect any accrued rights or liabilities of either party nor the coming into or continuance in force of any provision which is expressly or by implication intended to come into or continue in force on or after such expiration or termination. Without prejudice to the foregoing, Clauses 6 (Confidentiality), 7 (Disclaimer), 8 (Limitation of Liability) and 9 (Indemnification) shall survive the expiration or termination of this Agreement.
11. MODIFICATIONS TO, OR DISCONTINUATION OF, THE APPLICATION
We reserve the right at any time and from time to time to modify, suspend or discontinue, temporarily or permanently the Application or any part thereof, with or without notice. You agree that we are not liable to you or any third-party for any modification, suspension or discontinuance of the Application or any portion thereof.
12.1 Relationship. Nothing in this Agreement shall operate to constitute a party an agent, partner, employee or representative of the other party. A party shall not hold itself out as such nor as having any power or authority to incur any obligation of any nature express or implied of the other party nor shall a party pledge the credit of the other party.
12.2 Entire Agreement. This Agreement constitutes the entire agreement between you and us with respect to the subject matter contained in this Agreement and supersedes all previous and contemporaneous agreements, proposals and communications, written or oral, related to that subject matter.
12.3 Rights of Third Parties. This Agreement is not intended to benefit any third party, and do not create any third party beneficiaries.
12.4 Nature of Terms. If any provision of this Agreement is found to be unlawful, void, or for any reason unenforceable, this will not affect the legality, validity and enforceability of any remaining provisions.
12.5 Waiver. Except as provided herein, the failure to exercise a right or require performance of an obligation in this Agreement shall not affect a party’s ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach of this Agreement constitute a waiver of any subsequent breach.
12.6 Assignment. Neither party shall not assign its rights or obligations under this Agreement without prior written consent of the other party, provided that we may assign or transfer this Agreement or any or all of its rights and obligations under this Agreement without consent to any of our affiliates or to an acquirer of all or substantially all of our business, equity or assets.
13. GOVERNING LAW AND JURISDICTION
13.1 This Agreement shall be governed and construed in accordance with the Federal Laws of the United Arab Emirates.
13.2 Any dispute arising out of or in connection with this Agreement, including any question regarding its existence, validity or termination, shall be subject to the exclusive jurisdiction of the Courts of the Dubai International Financial Centre.