Terms of service
TERMS OF SERVICE
Last Updated: 08 October 2026
Welcome to the Terms of Service (these “Terms”) for the website, www.wisewell.ae (the “Website”), and the related mobile applications (the “App”) operated by Wisewell Trading LLC, a company registered in Dubai Mainland under commercial licence number 1083555, holding Tax Registration Number 104014990600003 (“Company”, “Wisewell”, “we” or “us”), with its registered office at Ground Floor, Unit No. GO-14, The Curve Building, Plot No. 358-574, Al Quoz 3, Dubai, UAE (“Wisewell”, “we”, “us” or “our”). Through the Website and the App you may rent a water dispenser unit (the “Product”) on an ongoing basis (such rental arrangement, a “Subscription”), as further described in Section 2.8. The Website, the App, any content, tools, features and functionality offered on or through our Website and the App, and the embedded software, firmware and on-device applications installed on or operating any Product (the “Device Software”) are collectively referred to as the “Services”. “You” or “your” means the person or business entering into a Subscription with us; if you use the Services on behalf of a company or other entity, then “you” includes you and that entity, and you represent and warrant that (a) you are an authorized representative of the entity with the authority to bind the entity to these Terms, and (b) you agree to these Terms on the entity’s behalf. By placing an order, clicking “I accept” or any equivalent confirmation button, checking a confirmation box, making payment, or otherwise confirming a Subscription, you accept these Terms in full and they form a binding agreement between us. If you do not agree, please do not place an order.
These Terms govern your access to and use of the Services. Please read these Terms carefully, as they include important information about your legal rights.
By accessing and/or using the Services, you are agreeing to these Terms. If you do not understand or agree to these Terms, please do not use the Services.
TABLE OF CONTENTS
CONTENTS
Clause Page
1. WHO MAY USE THE SERVICES; COMPLIANCE 2
2. USER ACCOUNTS AND SUBSCRIPTIONS 2
3. DELIVERY 6
4. OWNERSHIP AND CARE OF THE PRODUCT 7
5. FAULTS 9
6. PRIVACY AND DEVICE DATA 10
7. RIGHTS WE GRANT YOU 10
8. OWNERSHIP 13
9. THIRD PARTY SERVICES AND MATERIALS 14
10. DISCLAIMERS, LIMITATIONS OF LIABILITY AND INDEMNIFICATION 14
11. GOVERNING LAW AND DISPUTES 16
12. FORCE MAJEURE 16
13. ADDITIONAL PROVISIONS 16
1. WHO MAY USE THE SERVICES; COMPLIANCE
1.1 Legal Capacity. You must be 18 years of age or older to use the Services. If you are entering into these Terms on behalf of a company or other entity, that entity must be organized in, and have a place of business in, the United Arab Emirates or any of its territories, and the individual accepting these Terms on its behalf must be 18 years of age or older. By using the Services, you represent and warrant that you meet these requirements and that you have the legal capacity to accept these Terms and have not previously been suspended from using the Services.
1.2 Compliance. You agree to comply with all applicable laws in connection with your use of the Services and your Subscription, and to provide us with any information we reasonably request to enable us to comply with our legal and regulatory obligations, including applicable anti-money laundering, sanctions and know-your-customer requirements.
2. USER ACCOUNTS AND SUBSCRIPTIONS
2.1 Creating and Safeguarding your Account. To use the Services, you need to create an account or link another account, such as your Apple, Facebook or Google account (“Account”). You agree to provide us with accurate, complete and updated information for your Account. You are responsible for the accuracy of the information on your Account and for keeping your login details secure. You are solely responsible for any activity on your Account and for maintaining the confidentiality and security of your password. We are not liable for any acts or omissions by you in connection with your Account. You must immediately notify our support team (“Customer Care”) at support@wisewell.com if you know or have any reason to suspect that your Account or password have been stolen, misappropriated or otherwise compromised, or in case of any actual or suspected unauthorized use of your Account. You agree not to create any Account if we have previously removed you, or we previously banned you from any of our Services, unless we provide written consent otherwise.
2.2 Subscription Payment. The fees payable under your Subscription (the “Subscription Fees”) are made up of: (a) a recurring fee as shown at checkout; and (b) any one-off or add-on fees shown at checkout, such as accessories or extra filters in addition to those provided as part of the Subscription. Payment is taken by credit card or debit card (or another method offered at checkout) and is charged automatically on a recurring basis. Placing an order authorizes us to charge your payment method accordingly. You expressly authorize these recurring charges and may withdraw this authorization at any time by contacting Customer Care at support@wisewell.com. If a payment fails, we will notify you and give you fourteen (14) days from the date of that notice to update your payment details. If payment is not received by the end of that period, we may suspend or cancel the Subscription. If amounts remain outstanding after our internal recovery efforts, refer the account to a third-party collection agency; you are responsible for any collection costs to the extent permitted by applicable law. Subscription Fees are payable in AED and include VAT. Any other applicable taxes or charges will be clearly itemized at checkout before you confirm your order. A price change will not affect a Subscription that has already been confirmed. We reserve the right to change our subscription plans or adjust pricing for the Services in any manner and at any time as we may determine in our sole and absolute discretion. Except as otherwise provided in these Terms, any price changes or changes to your subscription plan will take effect following reasonable notice to you, which we expect to be no less than 30 days. We do not accept prepaid cards, stored-value cards, gift cards or similar instruments. Subscriptions will not be processed until payment has been received in full, and any holds on your account by any other payment processor are solely your responsibility. Fees for services outside the original scope of your Subscription, including additional accessories or services added after your initial order, will be charged at the then-current rates. We will provide a dated invoice for each payment that includes our trade name, registered address, a description of the Product, the amount charged and the billing period, and we will send invoices to the email address on your Account.
2.3 Deposits and Payment Holds. Any deposit payable in connection with your Subscription will be disclosed to you at checkout, together with whether and how it is credited against your first month’s Subscription Fees. Where an order is cancelled before shipment, any deposit paid will be refunded to your original payment method within ten (10) business days. We may set off any deposit against outstanding Subscription Fees, damage, restocking or refurbishment charges, and replacement cost payable by you under these Terms. No interest accrues on any deposit. Where we place an authorization hold on your payment method before shipment, that hold is not a charge; the amount is captured only when your order ships or as otherwise disclosed to you at checkout.
2.4 Chargebacks. If you initiate a chargeback or other payment dispute in respect of a valid Subscription for a Product that has been delivered, that is a breach of these Terms. A chargeback does not relieve you of your obligation to pay Subscription Fees when due or to return the Product, and it entitles us to terminate your Subscription and to pursue recovery of all amounts owed, including, to the extent permitted by applicable law, the replacement cost of the Product calculated based on the Product’s applicable retail value as determined by us pursuant to the principles outlined in Section 2.10(b), together with any outstanding Subscription Fees. Subscription Fees paid by you will not be credited or deducted from the replacement cost. We may contest any chargeback that we consider illegitimate and, to the extent permitted by applicable law, pass through to you the bank, card network and payment processor fees we incur in connection with it.
2.5 Subscription Term, Renewals and Cancellations. Your Subscription term is two (2) years (the “Initial Term”) and will automatically renew at the subscription-period frequency stated at checkout, or, if no frequency is stated, monthly at then-current rates unless either party opts out by giving at least two (2) months’ prior written notice before the renewal date. Your payment method will automatically be charged at the start of each renewal period for the applicable Subscription Fees and taxes. We will send you an email reminder at least 60 days before your renewal date informing you of the upcoming renewal and how to opt out. To cancel or opt out of renewal, contact Customer Care or cancel online through your account settings.
2.6 Cancellation and Termination Fees. Except as expressly set forth in these Terms, payments for any subscriptions to the Services are nonrefundable and there are no credits for partially used periods. You may cancel your Subscription at any time after the Trial Period by giving at least two (2) months’ prior written notice. During the notice period, your Subscription will continue and you must continue to pay your Subscription Fees as normal; at the end of the notice period, your Subscription will terminate and only an AED 120 collection fee will apply. If you request immediate cancellation after the Trial Period without giving the required two (2) months’ notice, you must pay an amount equal to two (2) months’ Subscription Fees based on the selected Product, plus an AED 120 collection fee. You must keep the Product safe and accessible until collection and remain liable for Subscription Fees accrued through the termination date. We may end your Subscription if you fail to pay any amount when due or materially breach these Terms and the breach remains unremedied for fourteen (14) days after we give you written notice specifying the breach, or where we reasonably suspect fraud or other serious legal risk. In all cases, you are responsible for the cost of returning the Product to us and we do not provide a prepaid return label. We may, but are not obliged to, arrange collection of the Product; where we do so, the collection charge will be AED 120. You must ensure the Product remains secure and accessible within your premises and is not left in external or unsecured locations (such as outside the property, gardens, or building entrances). No early termination fee applies where the Subscription ends due to force majeure. You will also remain liable for any outstanding Subscription Fees accrued up to the date of termination. Following any cancellation by you, you will continue to have access to the paid Services through the end of the subscription period for which payment has already been made; that continued access applies to the Website and the App only and does not extend the period within which you must return the Product under Section 4.5.
2.7 Trial Period. Your Subscription includes a trial period of 30 days from the date of delivery (the “Trial Period”), unless a different period is stated in the offer to which you subscribed. During the Trial Period, you may cancel the Subscription without an early termination fee, although the AED 120 collection fee will apply. If you do not cancel during the Trial Period, the Subscription will continue as a paid Subscription and the Subscription Fees will be charged in accordance with these Terms.
2.8 Subscription Cancellation by Company. We may suspend, terminate, cancel or decline a Subscription order in cases such as: (a) the Product is unavailable; (b) we are unable to reach you about delivery after a minimum of seven (7) attempts; (c) there are grounds to suspect fraud, money laundering, terrorism financing, sanctions evasion or non-payment; (d) you fail to provide information reasonably requested under Section 1 within fourteen (14) days of our written request; or (e) as otherwise required by law. Where permitted by applicable law, we will notify you and refund any amount already paid for the cancelled portion within ten (10) business days.
2.9 Placing and Confirming Your Subscription. You place an order for a Subscription by completing checkout on the Website. Before completing your order, the Website will display a clear summary of the Product specifications, Subscription Fees (including VAT), monthly payments, delivery details, automatic renewal terms, cancellation rights and applicable warranty information. You must review and confirm the order summary before submitting your order. By clicking the order-confirmation button, you acknowledge that the order constitutes a payment obligation. An automatic acknowledgement email confirms we received your order but does not, by itself, form a contract. A contract is formed only when we send you an order confirmation (an email or message confirming acceptance of your order and the agreed Subscription details, including Product, fees, delivery details, and term) (the “Order Confirmation”). You are responsible for the accuracy of your contact and delivery information. If any details are wrong, please contact Customer Care within 24 hours so we can correct them.
2.10 Purchase Option. Subject to the terms of this Section 2.10, you may purchase the Product following the Trial Period, provided that the Subscription remains active and in good standing. The purchase process, price, payment, transfer of title, continuing filtering services and your responsibilities following purchase are governed by the following provisions:
(a) Exercise of Purchase Option. You may exercise the purchase option by giving Customer Care formal written notice at least thirty (30) days before the proposed purchase date. Your notice must identify the Product by its serial number or your Account reference. The purchase option may be exercised only after expiry of the Trial Period and while your Subscription is active and in good standing, meaning that no Subscription Fees or other amounts are outstanding and no breach of these Terms by you remains unremedied.
(b) Purchase Price and Calculation. Where the Company agrees to a purchase request, the purchase price (the “Purchase Price”) will be determined by the Company on a case-by-case basis by reference to the Product’s applicable retail price. The Company may, at its sole discretion, offer you a discount on that retail price, taking into consideration factors such as the Product or model type, the length of your Subscription, the age and condition of the Product, and any other commercial considerations the Company considers relevant. Subscription Fees paid by you are consideration for the Services and the use of the Product during the Subscription only; they are not payments towards, or credits against, the Purchase Price or ownership of the Product, and you are not entitled to have any Subscription Fees previously paid credited or deducted from the Purchase Price. Within ten (10) business days after receiving your purchase notice, the Company will provide you with a written quotation setting out the Purchase Price and any applicable taxes. The quotation will remain valid for thirty (30) days from its date.
(c) Acceptance and Payment. You must confirm your acceptance of the quotation in writing within its thirty (30)-day validity period. You must pay the Purchase Price in full, together with any applicable taxes, within fourteen (14) days after your acceptance, using a payment method available under Section 2.2. If the Company does not receive the required payment within that period, your purchase request will lapse automatically without further notice and your Subscription will continue on its existing terms.
(d) Transfer of Title and Risk. Title to the Product will transfer to you on the date the Company receives the Purchase Price in full, together with any applicable taxes (the “Completion Date”). Risk of loss, theft, destruction and damage to the Product will pass to you on the Completion Date, to the extent that risk has not already passed to you under Section 4.6. The Company will provide written confirmation of the transfer of title within five (5) business days after the Completion Date.
(e) Condition of the Product; Limited Warranty. The Product is sold in its condition on the Completion Date, subject to reasonable wear and tear. The Company warrants that, on the Completion Date, the Product is free from any lien, charge or encumbrance created by the Company and that the Company has the right to sell the Product. Except for this warranty, the Product is sold “as is” and the Company makes no other warranty, express or implied, as to the condition, fitness for purpose or merchantability of the Product, to the maximum extent permitted by applicable law. Nothing in this Section limits any mandatory warranty rights you may have under applicable consumer protection law.
(f) Effect on Subscription. On the Completion Date, the Subscription will terminate automatically insofar as it relates to the rental of the Product, and no further Subscription Fees for the rental element will be charged. Your subscription to filtering services, including filter supply, delivery and scheduled maintenance, will continue on a separate monthly basis at the price communicated in the quotation. Sections 4.3 (Care), 4.10 (Source Water), 4.12 (Consumable Obligations) and the relevant provisions of Section 5 (Faults, limited to filtering services) will continue to apply. You may cancel the filtering services subscription at any time by giving at least thirty (30) days’ prior written notice.
(g) Post-Purchase Obligations. Following the Completion Date, you will assume sole responsibility for the maintenance, repair and upkeep of the Product, other than maintenance included in the filtering services subscription. Sections 6 (Privacy and Device Data) and 7.4 (Device Software licence) will continue to apply for so long as you use the Device Software or any connected service.
(h) Irrevocability. Once you confirm acceptance of the quotation, your purchase commitment will be irrevocable and you may not withdraw that acceptance or cancel the purchase, except with the Company’s prior written consent.
2.11 Other Products and Offerings. In addition to your Subscription, the Services may permit you to purchase other products or services, including third-party offerings (collectively, “Offerings”). All payment terms in Sections 2.2 to 2.4 apply to Offerings. We reserve the right to discontinue, modify, or limit any Offerings, and to refuse to allow any user to purchase any Offering or deliver it to a user or designated address. When you purchase an Offering, you agree to pay the Full Purchase Amount. Once we receive your order for an Offering, we will provide an order confirmation, which confirms receipt only and does not signify acceptance of your order. We may accept or decline your order at any time in our sole discretion; if we cancel an order after billing, we will refund the billed amount within ten (10) business days. Title and risk of loss pass upon delivery. We may ship partial orders at no additional cost. We do not guarantee delivery by any specific date.
2.12 Household Limits and Abuse Prevention. Unless we agree otherwise in writing, only one (1) subscribed Product may be placed at any single household or delivery address. You may not resell, assign, transfer or otherwise make available to any third party any Subscription, promotional offer, referral credit or discount. We reserve the right, to the extent permitted by applicable law, to refuse, suspend or cancel any order, Account or Subscription that we reasonably believe involves abuse of our offers or promotions, duplicate or fictitious accounts, or association with prior non-payment, chargebacks or fraud.
3. DELIVERY
3.1 Delivery Terms. We will use reasonable efforts to deliver the Product within one (1) to seven (7) working days from the date of the Order Confirmation, between 9:00 a.m. and 6:00 p.m. on working days, subject to availability and operational capacity. This timeframe is an estimate only and does not apply to preorders, which will be delivered in accordance with the expected availability or delivery timeframe communicated at the time of preorder. Delivery times may be affected by circumstances outside our reasonable control or operational constraints, including inventory availability, logistics or courier delays, public holidays, access restrictions or other unforeseen circumstances. To the extent permitted by applicable law, we will not be liable for any delay in delivery that is beyond our reasonable control or operational constraints. Where a material delay occurs, we will make reasonable efforts to notify you and provide an updated estimated delivery timeframe. Risk in the Product passes to you once it is delivered to your confirmed address. If you are not available to receive delivery, we will try to rearrange it. After seven (7) failed delivery attempts, we may charge a re-delivery fee of AED 120 or cancel the Subscription and refund amounts paid, less costs already incurred, within ten (10) business days.
3.2 Setup and Installation. Setup and installation of the Product are included in the Subscription and will be carried out by Wisewell or its authorized service provider. You are responsible for ensuring reasonable access to the installation location and that the premises meet any applicable installation requirements communicated by Wisewell in advance.
3.3 Installation Requirements and Water Damage. Setup and installation of the Product will be carried out by Wisewell or its authorized service provider. You may reschedule a scheduled installation appointment up to 24 hours in advance at no cost; late rescheduling or a missed appointment may incur a fee of AED 150 inside Dubai (or AED 250 for locations outside Dubai). Installation does not include electrical, plumbing, carpentry or building modification work, including installing new electrical outlets, wall drilling or additional pipe work, unless expressly agreed otherwise. You are responsible for ensuring reasonable access to the installation location and, where applicable, obtaining any required landlord, building management or property-owner approvals before the scheduled appointment. The installation location must meet Wisewell’s applicable technical requirements, including suitable water supply, pressure and access to an appropriate shut-off valve. If installation cannot be safely completed due to conditions at the premises outside Wisewell’s control, we will explain the required corrective action. Any additional visit required as a result will be subject to an additional visit fee of AED 150 inside Dubai (or AED 250 for locations outside Dubai). Following installation, you must notify Customer Care promptly if you notice any leak, seepage, overflow or other installation-related issue and, where reasonably possible and safe to do so, shut off the relevant water supply to prevent further damage. The Product must not be relocated, reinstalled, modified or connected by an unauthorized third party. Please contact Wisewell if relocation or reinstallation is required. To the extent permitted by applicable law, Wisewell will not be responsible for damage to your property or any third-party property or any other damage resulting from unauthorized installation, modification, relocation or use of the Product contrary to these Terms or Wisewell’s instructions, or from your unreasonable failure to report or mitigate a known leak or other issue, and you agree to indemnify and hold the Company Entities (as defined in Section 10.1) harmless against any third-party claim arising out of any of the foregoing.
4. OWNERSHIP AND CARE OF THE PRODUCT
4.1 Ownership. The Company retains ownership of the Product throughout the Subscription period. Except as expressly provided in Section 2.10, title does not transfer to you. If you complete a purchase under Section 2.10, title transfers and you assume responsibility for the Product as described in that Section.
4.2 Right to Recover the Product. If you fail to pay any amount when due, fail to return the Product when required under these Terms, or materially breach these Terms, we may, to the extent permitted by applicable law, require you to make the Product available for collection and take such steps as are permitted by applicable law to recover possession of the Product. We will give you any notice required by applicable law before doing so, and we will not enter your premises to recover the Product without your consent or, where required, a court order. Our recovery of the Product does not relieve you of liability for outstanding Subscription Fees or other amounts payable under these Terms.
4.3 Care of the Product. You agree to keep the Product in good condition, subject to reasonable wear and tear, and to use it only as described in the user instructions and installation standards provided by Wisewell, each as updated from time to time at the Company’s reasonable discretion. You must not modify or relabel the Product, or attempt any repair or maintenance other than a repair or maintenance task expressly allowed to be done by the user (if any) in the user instructions. Wisewell or its authorized service provider will handle all packaging requirements for delivery, installation and collection, including packing the Product for collection.
4.4 Maintenance and Support. A structured maintenance plan tailored to each Product is included in your Subscription, with services scheduled at intervals determined by Wisewell in accordance with its maintenance standards, as updated from time to time. Included maintenance services consist of filter replacement, flushing and corrective maintenance, performed at the original delivery address. Technical visits are conducted at reasonable intervals determined by Wisewell and subject to scheduling confirmation by Customer Care. For maintenance- and support-related questions or to report a Product issue, contact Customer Care. If you request delivery of filters only without scheduled technician installation, and subsequently request a technician visit to install them, an additional service fee of AED 150 inside Dubai (or AED 250 for locations outside Dubai) will apply. You may also contact us at Wisewell Trading LLC, Ground Floor, Unit No. GO-14, The Curve Building, Plot No. 358-574, Al Quoz 3, Dubai, UAE.
4.5 Return of the Product. You must return the Product to us, or make it available for collection where we have agreed to arrange collection, within seven (7) days after the effective date of cancellation or termination. The Product must be returned clean, complete and functional, together with all accessories, filters and other items supplied with it. You are responsible for the cost of return and we do not provide a prepaid return label. Because return, restocking and refurbishment costs vary with market conditions and with the condition of the returned Product, the return charges applicable to your Product will be calculated by us and communicated to you at the time of cancellation. You are also responsible for charges in respect of missing or damaged items and for damage beyond reasonable wear and tear. If the Product is not returned within the period set out above, we may charge you the replacement cost of the Product, calculated based on the price of the damaged parts of the Product or Product original retail value, depending on the type of Product and damages, together with any outstanding Subscription Fees.
4.6 Risk of Loss, Theft and Damage. From delivery until the Product is returned to us or collected by us, you bear the risk of loss, theft, destruction of or damage to the Product, other than loss or damage caused by us or arising from a defect in the Product. If the Product is lost, stolen or destroyed while in your possession, you must notify Customer Care promptly and you will be liable for the replacement cost of the Product, calculated based on the Product’s applicable retail value as determined by us pursuant to the principles outlined in Section 2.10(b), together with any outstanding Subscription Fees. Subscription Fees paid by you will not be credited or deducted from the replacement cost.
4.7 Relocation of the Product. You must notify Customer Care at least ten (10) days before moving the Product to a different address and provide us with the new address. You may request relocation of the Product during the Subscription period, subject to the following conditions: relocations are available within the UAE only; relocations will be carried out by Wisewell or its appointed service provider; the first relocation is provided free of charge; and any subsequent relocation is subject to a relocation fee (within the UAE only) of AED 300. You may not move the Product outside our then-current service area without our prior written consent and, if you do, we may end the Subscription and recover the Product in accordance with these Terms. You acknowledge that the location of the Product may affect the law governing these Terms, applicable taxes, our ability to deliver service and maintenance, and the delivery of notices.
4.8 Refurbished Units. The Company may provide refurbished units as part of the Subscription. All refurbished units undergo a comprehensive refurbishment process, including full internal sanitization, replacement of internal piping, and installation of brand-new filters, ensuring they meet the Company’s quality and performance standards. We will inform you in advance if the unit to be delivered is a refurbished unit.
4.9 Source Water. The Product may be connected only to a potable municipal or other treated drinking water supply that meets applicable drinking water standards. The Product is not designed or validated for use with well water, untreated surface water, greywater or any other non-potable or untreated source. We make no representation or warranty as to water quality or Product performance, and to the extent permitted by applicable law accept no liability for damage to the Product or for any health effects, where the Product is connected to any such source.
4.10 Connectivity. This Section 4.10 applies only to Products with Wi-Fi capability (such as the Sparkle). You must keep the Product connected to a working Wi-Fi network with internet access at all times during the Subscription. Continuous connectivity enables us to monitor filter life and consumable usage, monitor water quality and Product performance, deliver firmware and security updates (including updates supporting our connected device security obligations under applicable law), detect leaks and faults, and provide remote diagnostics and warranty validation. While the Product is disconnected, only our remote monitoring, remote service and warranty obligations and other obligations that depend on or require connectivity are suspended; this suspension does not affect warranty claims for hardware defects that are unrelated to the lack of connectivity. We may charge a manual service fee, communicated to you in advance, for a service visit that connectivity would reasonably have avoided. If the Product remains disconnected for thirty (30) days or more, we will provide written notice and a reasonable opportunity to reconnect, including at least fourteen (14) days after that notice, and make reasonable troubleshooting and reconnection attempts. If the Product remains disconnected after that period, it will constitute a material breach of these Terms and we may suspend or end the Subscription and recover the Product in accordance with these Terms.
4.11 Consumable Obligations. The Product is designed and validated to operate only with genuine Wisewell filters, which we supply as part of your Subscription at no separate charge. No other consumables or spare parts are included in the Subscription price. Any spare parts may be replaced only with parts supplied or approved by Wisewell. You must replace filters when we notify you that replacement is due, accept the filter shipments provided under your Subscription, and stop using the Product once a filter has exceeded its rated life until that filter has been replaced. Use of filters or other consumables not supplied or approved by us may affect water safety and the performance of the Product. We do not warrant the performance or output of the Product, and make no representation as to water quality, where filters or consumables not supplied or approved by us are used, where filters are not replaced when due, or where the Product is used beyond rated filter life, and we may charge a service visit fee of AED 150 inside Dubai (or AED 250 for locations outside Dubai) for any service visit required as a result. Nothing in this Section conditions your Subscription or any warranty we provide on your purchase of any separately priced article or service.
4.12 Remote Suspension of Product Functions. To the extent permitted by applicable law, we reserve the right to remotely suspend, disable or limit non-essential and premium functions of the Product, and remote service and monitoring, if you fail to pay any amount when due or the Product remains disconnected contrary to these Terms. Before doing so, to the extent required by applicable law, we will give you prior written notice of not less than fourteen (14) days, including at least two written reminders during that period, during which period you may remedy the non-payment or disconnection and cure the breach. Any suspension will be proportionate to the breach, will not render the Product unsafe or cause damage to property, and will not suspend essential safety functions of the Product, including leak detection and safety shutoffs. Remote suspension under this Section is a temporary and reversible measure and does not constitute termination of the Subscription or recovery or repossession of the Product. During any suspension period, your Account, data and account information will be preserved. We will restore the affected functions promptly after the non-payment or disconnection has been remedied. By entering into this Subscription, you acknowledge and consent to the Company's right to remotely suspend functions as described in this Section.
4.13 Subscription Pause. You may request to pause your Subscription by providing at least 30 days’ advance written notice to Customer Care. Pauses are limited to a maximum of two (2) months per calendar year. If you require a pause exceeding this limit, Wisewell reserves the right to collect the Product, and a collection fee of AED 120 will apply.
4.14 Swap/Upgrade. You may request to swap or upgrade the Product during the Subscription period. If the request is not due to a fault attributable to the Company, a swap fee of AED 150 inside Dubai (or AED 250 for locations outside Dubai) will apply, and, if you confirm you want to swap/upgrade for the relevant fee, your Subscription will be adjusted to reflect the pricing of the new selected Product.
4.15 CO2 Canister Exchange. CO₂ canisters are provided on an exchange basis. You must ensure that the empty canister is available for return when a replacement is delivered. If the empty canister is not returned, a replacement fee of AED 75 per canister will apply.
5. FAULTS
5.1 Reporting Faults. Please inspect the Product on delivery and contact Customer Care as soon as possible if it is faulty, damaged, or not as described. We will use reasonable efforts to acknowledge a fault report within forty-eight (48) hours and, where the fault is confirmed, use reasonable efforts to repair or replace the Product within forty-eight (48) hours of confirmation, at no cost to you, subject to the availability of the relevant spare part or replacement unit. If repair or replacement cannot be completed within seven (7) days of the confirmed fault report due to the availability of the relevant spare part or replacement unit, Wisewell will notify you of the updated timeframe.
5.2 Refunds. To the extent applicable law allows that, if the same fault attributable to the Company occurs three (3) or more times within the first 12 months of delivery (substantially affecting the Product’s performance and in other cases provided for at law), Wisewell will provide a replacement unit of the same type and specifications at no cost. To the extent applicable law allows that, if the same fault is attributable to the Company and the issue cannot reasonably be resolved, you may terminate the Subscription and return the Product without incurring an early termination fee or collection charge. Any prepaid Subscription Fees for the unused period will be refunded to your original payment method within 10 business days of the Product being returned to us.
5.3 Carve-Out Items. This policy does not cover faults attributable to you, including misuse, unauthorized repairs or modifications, failure to follow the user instructions, use of filters or consumables not supplied or approved by the Company, connection of the Product to a non-potable or untreated water source, or failure to keep the Product connected as required by these Terms.
6. PRIVACY AND DEVICE DATA
6.1 Privacy Policy. Our Privacy Policy describes how we handle the information you provide to us when you use the Services. For an explanation of our privacy practices, please visit our Privacy Policy located at www.wisewell.ae/policies/privacy-policy.
6.2 Device and Usage Data. The Product and the App collect data relating to the Product and its use, including filter and consumable status, volume of water dispensed, water quality and performance telemetry, fault, leak and diagnostic data, connectivity status, firmware version and Product location. You grant us a non-exclusive, worldwide, royalty-free right and licence to collect, store, use, analyse and create derived and aggregated data from such data in order to deliver, support and improve the Services and the Product, monitor Product safety and performance, provide predictive and preventive maintenance, validate warranty claims, and produce aggregated and de-identified analytics. Our collection and use of personal information is described in our Privacy Policy.
6.3 Automated Decision-Making. To the extent any data collected under this Section is used for automated decision-making or profiling that produces legal effects or similarly significant effects on you, the Company will comply with applicable requirements under UAE laws regarding automated processing and profiling, including, where applicable, inform you of that processing and provide you with an opportunity to request human review of any automated decision.
7. RIGHTS WE GRANT YOU
7.1 Right to Use Services. We hereby permit you to use the Services for your personal, household or internal business use only, and not for resale or for making the Services available to third parties as a service, provided that you comply with these Terms in connection with all such use. If any software, content or other materials owned or controlled by us are distributed to you as part of your use of the Services, we hereby grant you, a personal, non-assignable, non-sublicensable, non-transferrable, and non-exclusive right and license to access and display such software, content and materials provided to you as part of the Services (and right to download a single copy of the App onto your applicable equipment or device), in each case for the sole purpose of enabling you to use the Services as permitted by these Terms. Your access and use of the Services may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance or repair of the Service or other actions that Company, in its sole discretion, may elect to take.
7.2 Restrictions On Your Use of the Services. You may not do any of the following in connection with your use of the Services or the Product, unless applicable laws or regulations prohibit these restrictions or you have our written permission to do so:
- (a) download, modify, copy, distribute, transmit, display, perform, reproduce, duplicate, publish, license, create derivative works from, or offer for sale any information contained on, or obtained from or through, the Services, except for temporary files that are automatically cached by your web browser for display purposes, or as otherwise expressly permitted in these Terms;
- (b) duplicate, decompile, reverse engineer, disassemble or decode the Services (including any underlying idea or algorithm), or attempt to do any of the same;
- (c) use, reproduce or remove any copyright, trademark, service mark, trade name, slogan, logo, image, or other proprietary notation displayed on or through the Services;
- (d) use automation software (bots), hacks, modifications (mods) or any other unauthorized third-party software designed to modify the Services;
- (e) exploit the Services for any commercial purpose other than your internal business use as permitted by Section 7.1, including without limitation communicating or facilitating any commercial advertisement or solicitation;
- (f) access or use the Services in any manner that could disable, overburden, damage, disrupt or impair the Services or interfere with any other party’s access to or use of the Services or use any device, software or routine that causes the same;
- (g) attempt to gain unauthorized access to, interfere with, damage or disrupt the Services, accounts registered to other users, or the computer systems or networks connected to the Services;
- (h) circumvent, remove, alter, deactivate, degrade or thwart any technological measure or content protections of the Services;
- (i) use any robot, spider, crawlers, scraper, or other automatic device, process, software or queries that intercepts, “mines,” scrapes, extracts, or otherwise accesses the Services to monitor, extract, copy or collect information or data from or through the Services, or engage in any manual process to do the same;
- (j) introduce any viruses, trojan horses, worms, logic bombs or other materials that are malicious or technologically harmful into our systems;
- (k) submit, transmit, display, perform, post or store any content that is unlawful, defamatory, obscene, excessively violent, pornographic, invasive of privacy or publicity rights, harassing, abusive, hateful, or cruel, or otherwise use the Services in a manner that is obscene, excessively violent, harassing, hateful, cruel, abusive, pornographic, inciting, organizing, promoting or facilitating violence or criminal activities; without prejudice to the foregoing, prohibited content includes any content designated as such by the UAE Telecommunications and Digital Government Regulatory Authority (TDRA) (including TDRA Prohibited Content Categories);
- (l) violate any applicable law or regulation in connection with your access to or use of the Services;
- (m) tamper with, modify, reverse engineer, decompile, disassemble or attempt to repair the Product or the Device Software, other than as expressly permitted in the user instructions;
- (n) bypass, defeat, disable or falsify any consumable authentication mechanism or any safety mechanism in the Product or the Device Software; or
- (o) access or use the Services in any way not expressly permitted by these Terms; or
- (p) impersonate any person or entity. We reserve the right to suspend or terminate your access to the Services if we reasonably believe you have breached this Section, without prejudice to any other rights we may have. .
7.3 Use of the App. You are responsible for providing the mobile device, wireless service plan, software, Internet connections and/or other equipment or services that you need to download, install and use the App. We do not guarantee that the App can be accessed and used on any particular device or with any particular service plan. We do not guarantee that the App will be available in, or that orders for Offerings can be placed from, any particular geographic location. As part of the Services and to update you regarding the status of deliveries, you may receive push notifications, local client notifications, text messages, picture messages, alerts, emails or other types of messages directly sent to you in connection with the App (“Push Messages”). You acknowledge that, when you use the App, your wireless service provider may charge you fees for data, text messaging and/or other wireless access, including in connection with Push Messages. You have control over the Push Messages settings, and can opt in or out of these Push Messages through the Services or through your mobile device’s operating system (with the possible exception of infrequent, important service announcements and administrative messages). Please check with your wireless service provider to determine what fees apply to your access to and use of the App, including your receipt of Push Messages from the Company. You are solely responsible for any fee, cost or expense that you incur to download, install and/or use the App on your mobile device, including for your receipt of push messages from the Company.
7.4 Device Software. The Product includes an on-unit touchscreen and Device Software. We grant you a limited, personal, non-exclusive, non-transferable and non-sublicensable licence to use the Device Software solely as installed on, and in connection with your use of, the Product supplied to you, for so long as your Subscription remains in effect. That licence terminates automatically on termination or expiry of your Subscription. All right, title and interest in and to the Device Software remain with the Company and its licensors, and no rights are granted other than as expressly set out in this Section. We may deliver firmware, security and other updates to the Device Software remotely, including over the air, and you agree not to prevent or interfere with the installation of such updates; we may also modify, add to or withdraw on-device features from time to time. Certain notices and licence terms apply to open source components included in the Device Software and may be made available by the Company; those terms govern those components to the extent of any conflict with this Section.
7.5 Mobile Software from the Apple App Store. The following terms and conditions apply to you only if you are using the App from the Apple App Store. To the extent the other terms and conditions of these Terms are less restrictive than, or otherwise conflict with, the terms and conditions of this paragraph, the more restrictive or conflicting terms and conditions in this paragraph apply, but solely with respect to your use of the App from the Apple App Store. You acknowledge and agree that these Terms are solely between you and the Company, not Apple, and that Apple has no responsibility for the App or content thereof. Your use of the App must comply with the App Store’s applicable terms of use. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any, for the App to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by these Terms. You and the Company acknowledge that Apple is not responsible for addressing any claims of yours or any third party relating to the App or your possession and/or use of the App, including, but not limited to: (a) product liability claims, (b) any claim that the App fails to conform to any applicable legal or regulatory requirement, and (c) claims arising under consumer protection or similar legislation. You and the Company acknowledge that, in the event of any third party claim that the App or your possession and use of that App infringes that third party’s intellectual property rights, the Company, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms. You must comply with applicable third party terms of agreement when using the App. You and the Company acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms as they relate to your use of the App, and that, upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary thereof.
7.6 Mobile Software from the Google Play Store. The following terms and conditions apply to you only if you obtained the App from the Google Play Store. You acknowledge and agree that these Terms are solely between you and the Company, and not with Google. Your use of the App must comply with the Google Play Terms of Service. The Company, and not Google, is solely responsible for the App and its content, for any maintenance and support services in respect of the App, and for addressing any claim of yours or of any third party relating to the App or your possession or use of it, including product liability claims, any claim that the App fails to conform to any applicable legal or regulatory requirement, claims arising under consumer protection or similar legislation, and claims of intellectual property infringement. Refunds in respect of the App, if any, are handled in accordance with Google Play's then-current refund policies, and you acknowledge that Google's refund, support and dispute resolution policies differ from those of other application marketplaces. Google is not a party to these Terms and is not a third-party beneficiary of these Terms, and Google has no obligation whatsoever to furnish any maintenance or support services with respect to the App.
7.7 Beta Offerings. From time to time, we may, in our sole discretion, include certain test or beta features or products in the Services (“Beta Offerings”) as we may designate from time to time. Your use of any Beta Offering is completely voluntary. The Beta Offerings are provided on an “as is” basis and may contain errors, defects, bugs, or inaccuracies that could cause failures, corruption or loss of data and information from any connected device. You acknowledge and agree that all use of any Beta Offering is at your sole risk. You agree that once you use a Beta Offering, your content or data may be affected such that you may be unable to revert back to a prior non-beta version of the same or similar feature. Additionally, if such reversion is possible, you may not be able to return or restore data created within the Beta Offering back to the prior non-beta version. If we provide you any Beta Offerings on a closed beta or confidential basis, we will notify you of such as part of your use of the Beta Offerings. For any such confidential Beta Offerings, you agree to not disclose, divulge, display, or otherwise make available any of the Beta Offerings without our prior written consent.
8. OWNERSHIP
8.1 Ownership of the Services. The Services, including their “look and feel” (e.g., text, graphics, images, logos), proprietary content, information and other materials, are protected under copyright, trademark and other intellectual property laws. You agree that the Company and/or its licensors own all right, title and interest in and to the Services (including any and all intellectual property rights therein) and you agree not to take any action(s) inconsistent with such ownership interests. We and our licensors reserve all rights in connection with the Services and its content (other than content and data you submit through the Services), including, without limitation, the exclusive right to create derivative works.
8.2 Ownership of Trademarks. The Company’s name, Wisewell, the Wisewell logo, Sparkle, Still and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors, whether or not registered. Other names, logos, product and service names, designs and slogans that appear on the Services are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us.
8.3 Ownership of Feedback. We welcome feedback, comments and suggestions for improvements to the Services or Products (“Feedback”). You acknowledge and expressly agree that any contribution of Feedback does not and will not give or grant you any right, title or interest in the Services or in any such Feedback. All Feedback becomes the sole and exclusive property of the Company, and the Company may use and disclose Feedback in any manner and for any purpose whatsoever without further notice or compensation to you and without retention by you of any proprietary or other right or claim. You hereby assign to the Company any and all right, title and interest (including, but not limited to, any patent, copyright, trade secret, trademark, show-how, know-how, moral rights and any and all other intellectual property right) that you may have in and to any and all Feedback.
9. THIRD PARTY SERVICES AND MATERIALS
9.1 Use of Third Party Materials in the Services. Certain Services may display, include or make available content, data, information, applications or materials from third parties (“Third Party Materials”) or provide links to certain third party websites. By using the Services, you acknowledge and agree that the Company is not responsible for examining or evaluating the content, accuracy, completeness, availability, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials or websites. We do not warrant or endorse and do not assume and will not have any liability or responsibility to you or any other person for any third-party services, Third Party Materials or third-party websites, or for any other materials, products, or services of third parties. Third Party Materials and links to other websites are provided solely as a convenience to you.
10. DISCLAIMERS, LIMITATIONS OF LIABILITY AND INDEMNIFICATION
10.1 Disclaimers.
(a) Your access to and use of the Services are at your own risk. You understand and agree that the Services are provided to you on an “AS IS” and “AS AVAILABLE” basis. Without limiting the foregoing, to the maximum extent permitted under applicable law, the Company, its parents, affiliates, related companies, officers, directors, employees, agents, representatives, partners and licensors (the “Company Entities”) DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. The Company Entities make no warranty or representation and disclaim all responsibility and liability for: (a) the completeness, accuracy, availability, timeliness, security or reliability of the Services; (b) any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services; (c) the operation or compatibility with any other application or any particular system or device; (d) whether the Services will meet your requirements or be available on an uninterrupted, secure or error-free basis; and (e) the deletion of, or the failure to store or transmit, any content, data or other communications maintained by the Services. No advice or information, whether oral or written, obtained from the Company Entities or through the Services, will create any warranty or representation not expressly made herein.
(b) CERTAIN LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES AS SET FORTH IN SECTION 10.2 BELOW. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
(c) THE COMPANY ENTITIES TAKE NO RESPONSIBILITY AND ASSUME NO LIABILITY FOR ANY CONTENT THAT YOU, ANOTHER USER, OR A THIRD PARTY CREATES, UPLOADS, POSTS, SENDS, RECEIVES, OR STORES ON OR THROUGH OUR SERVICES.
(d) YOU UNDERSTAND AND AGREE THAT YOU MAY BE EXPOSED TO CONTENT THAT MIGHT BE OFFENSIVE, ILLEGAL, MISLEADING, OR OTHERWISE INAPPROPRIATE, NONE OF WHICH THE COMPANY ENTITIES WILL BE RESPONSIBLE FOR.
10.2 Limitations of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, YOU AGREE THAT IN NO EVENT WILL THE COMPANY ENTITIES BE LIABLE FOR ANY INDIRECT, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOSS OF USE, DATA OR PROFITS, BUSINESS INTERRUPTION OR ANY OTHER DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE SERVICES), HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, WHETHER UNDER THESE TERMS OR OTHERWISE ARISING IN ANY WAY IN CONNECTION WITH THE SERVICES OR THESE TERMS AND WHETHER IN CONTRACT, STRICT LIABILITY OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) EVEN IF THE COMPANY ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. NOTHING IN THESE TERMS LIMITS LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE, FRAUD, OR ANY LIABILITY THAT CANNOT BE LIMITED UNDER APPLICABLE LAW. SUBJECT TO THE FOREGOING, THE COMPANY ENTITIES’ TOTAL LIABILITY TO YOU FOR ANY DAMAGES FINALLY AWARDED SHALL NOT EXCEED THE AMOUNT YOU PAID THE COMPANY ENTITIES IN THE TWELVE (12) MONTHS BEFORE THE CLAIM. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
10.3 Indemnification. To the fullest extent permitted by applicable law, by entering into these Terms and accessing or using the Services or Product, you agree that you shall defend, indemnify and hold the Company Entities harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs) incurred by the Company Entities arising out of or in connection with: (a) your violation or breach of any term of these Terms or any applicable law or regulation; (b) your violation of any rights of any third party; (c) your misuse of the Services or the Product; or (d) your negligence or willful misconduct. If you are obligated to indemnify any Company Entity hereunder, then you agree that Company (or, at its discretion, the applicable Company Entity) will have the right, in its sole discretion, to control any action or proceeding and to determine whether Company wishes to settle, and if so, on what terms, and you agree to fully cooperate with Company in the defense or settlement of such claim. Nothing in this Section limits any statutory rights to claim compensation under applicable law .
10.4 Statutory Consumer Protection Rights. NOTWITHSTANDING ANY OTHER PROVISION OF THESE TERMS, NOTHING IN THIS SECTION 10 SHALL BE CONSTRUED TO LIMIT, WAIVE, OR OTHERWISE AFFECT ANY RIGHTS OR REMEDIES AVAILABLE TO YOU UNDER APPLICABLE CONSUMER PROTECTION LAWS THAT CANNOT BE LIMITED, WAIVED, OR EXCLUDED BY CONTRACT. TO THE EXTENT ANY LIMITATION, EXCLUSION, OR INDEMNIFICATION OBLIGATION SET FORTH IN SECTIONS 10.2 OR 10.3 IS HELD TO BE UNENFORCEABLE UNDER SUCH LAWS, SUCH PROVISION SHALL BE LIMITED TO THE MINIMUM EXTENT NECESSARY TO COMPLY WITH APPLICABLE LAW, AND ALL OTHER PROVISIONS SHALL REMAIN IN FULL FORCE AND EFFECT.
11. GOVERNING LAW AND DISPUTES
11.1 Complaints and Claims. If you have a complaint or believe you have suffered loss or damage in connection with the Product or our services, we encourage you to contact Customer Care as soon as reasonably practicable, providing a description of the issue, any supporting evidence, such as photographs or correspondence, and your preferred resolution. This process is voluntary and does not affect your legal rights. We will acknowledge your complaint within five (5) working days and aim to propose a resolution within 14 working days. If the matter is not resolved to your satisfaction, you may pursue your rights under Section 11.2.
11.2 Governing Law and Disputes. These Terms and any dispute, claim or proceeding arising out of or relating to these Terms, the Services or the Product are governed by the laws of the UAE onshore as applied in the Emirate of Dubai, without regard to conflict-of-laws principles. The courts of Dubai, United Arab Emirates, shall have exclusive jurisdiction over any such dispute, claim or proceeding.
12. FORCE MAJEURE
12.1 Force Majeure. Neither party is liable for a delay or failure to perform caused by events outside its reasonable control (such as natural disasters, war, government action, or major supply disruptions). If such an event continues for more than two (2) months, either party may end the affected Subscription on written notice, with a refund of amounts paid for Products or services not yet provided within ten (10) business days. No early termination fee or collection charge applies when a Subscription ends due to force majeure.
13. ADDITIONAL PROVISIONS
13.1 Notices. By accessing the Services and/or entering a Subscription, you consent to receive communications from us electronically, including, but not limited to, email, SMS, third party messaging services such as WhatsApp, and notices posted on the Website. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
13.2 SMS Messaging and Phone Calls. Certain portions of the Services may allow us to contact you via telephone or text messages, including third party messaging services such as WhatsApp. You agree that the Company may contact you via telephone, text messages, or third party messaging services (including by an automatic telephone dialing system and using an artificial, prerecorded or AI-generated voice) at any of the phone numbers provided by you or on your behalf in connection with your use of the Services, including for marketing purposes. You understand that you are not required to provide this consent as a condition of purchasing any Offerings. Our calls and messages will identify the Company as the caller or sender, and marketing calls and messages will be made only between 8:00 a.m. and 9:00 p.m. in your local time zone. Notwithstanding the foregoing, if you contact us outside these hours, we may respond at our discretion. Where required by applicable law, our text messaging programs are registered for application-to-person (A2P) messaging with the applicable carriers. You also understand that you may opt out of receiving text messages from us at any time, either by texting the word “STOP” to the number from which you received the message using the mobile device that is receiving the messages, or by contacting support@wisewell.com, and we will give effect to your opt-out request no later than ten (10) business days after we receive it. You consent to the monitoring and recording of telephone calls between you and the Company for training, quality assurance and record-keeping purposes, including where you or the Company are located in any jurisdiction that requires the consent of all parties to the recording of a call. If you do not choose to opt out, we may contact you as outlined in our Privacy Policy.
13.3 Updating These Terms. We may modify these Terms from time to time, in which case we will update the “Last Revised” date at the top of these Terms. If we make changes that are material, we will use reasonable efforts to attempt to notify you, such as by e-mail and/or by placing a prominent notice on the first page of the Website at least 30 days before the changes take effect. Changes will not apply retroactively to a Subscription already confirmed, unless required by law. However, it is your sole responsibility to review these Terms from time to time to view any such changes. The updated Terms will be effective as of the time of posting, or such later date as may be specified in the updated Terms. Your continued access or use of the Services after the modifications have become effective will be deemed your acceptance of the modified Terms. No amendment shall apply to a dispute initiated prior to the change in Terms.
13.4 Existing Customers and Prior Terms. These Terms supersede and replace in their entirety any terms and conditions previously agreed between you and the Company in respect of your Subscription, the Product or your use of the Services. If you became a customer before the “Last Revised” date shown above, we will notify you of these Terms by email to the address associated with your Account, and these Terms will take effect for you on the date stated in that email, which will be at least thirty (30) days after the date it is sent. If you do not wish to accept these Terms, you may cancel your Subscription at any time before that effective date without incurring an early termination fee, in which case you remain responsible for returning the Product and for any Subscription Fees outstanding at the date of cancellation. Your continued use of the Services or the Product on or after that effective date constitutes your acceptance of these Terms.
13.5 Termination of License and Your Account. If you breach any of the provisions of these Terms, all licenses granted by the Company will terminate automatically. Additionally, the Company may suspend, disable, or delete your Account and/or the Services (or any part of the foregoing), subject to any notice or cure period expressly provided elsewhere in these Terms. If the Company deletes your Account for any suspected breach of these Terms by you, you are prohibited from re-registering for the Services under a different name. In the event of Account deletion for any reason, the Company may, but is not obligated to, delete any content or data associated with your Account. The Company shall not be responsible for the failure to delete or deletion of any such content or data. All sections which by their nature should survive the termination of these Terms shall continue in full force and effect subsequent to and notwithstanding any termination of these Terms by the Company or you. Termination will not limit any of the Company’s other rights or remedies at law or in equity.
13.6 Injunctive Relief. You agree that a breach of these Terms will cause irreparable injury to the Company for which monetary damages would not be an adequate remedy and the Company shall be entitled to equitable relief in addition to any remedies it may have hereunder or at law without a bond, other security or proof of damages.
13.7 Forward-Looking Statements. Some of the information on the Services may contain certain projections or other forward-looking statements regarding future events or the future financial performance of the Company. Words such as “expects,” “plans,” “believes,” “goals,” “continues,” “may” and other variations of such words and similar expressions identify forward-looking statements. In addition, any statements that refer to or may imply future financial performance, our anticipated growth and trends in our businesses, and other characterizations of future events or circumstances are forward-looking statements. All such statements that are not historical facts are based on our current expectations and are subject to a number of risks and uncertainties, and the actual events or results may differ materially.
13.8 Export Laws. You agree that you will not export or re-export, directly or indirectly, the Services and/or other information or materials provided by the Company hereunder to any country or person in violation of any applicable export-control or sanctions laws and regulations, including those of the United Arab Emirates and any other relevant jurisdiction. By using the Services, you represent and warrant that you are not located in any country, or listed on any government list of prohibited or restricted parties, that would prohibit you from receiving the Services. You are responsible for, and hereby agree to comply at your sole expense with, all applicable export-control and sanctions laws and regulations.
13.9 Miscellaneous. These Terms constitute the entire agreement between the parties with respect to the subject matter hereof and your use of the Services, and supersede all other agreements and understandings, both written and oral, between the parties with respect to the subject matter hereof. We may transfer our rights and obligations under these Terms to another company, for example as part of a business transfer, provided the assignee assumes all our obligations under these Terms. You may not transfer your Subscription without our consent. If any provision of these Terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for reference only and shall not be read to have any legal effect. The Services are operated by us in the United Arab Emirates. Those who choose to access the Services from locations outside the United Arab Emirates do so at their own initiative and are responsible for compliance with applicable local laws. These Terms are governed by the laws of the UAE onshore as applied in the Emirate of Dubai, and the courts of Dubai, United Arab Emirates, have exclusive jurisdiction over any dispute. You and the Company agree that the United Nations Convention on Contracts for the International Sale of Goods will not apply to the interpretation or construction of these Terms. These Terms are provided in English. In the event of any conflict between the English version and any Arabic translation, the Arabic version will prevail. An Arabic version of these Terms is available through the Website.