Terms of service
ZenDXB.com is provided solely to users within the Dubai and Abu Dhabi areas in the United Arab Emirates (“UAE”). By using the Services, you warrant to us that you are within the listed-above areas. If you use the Services from a different location, you hereby take responsibility for any limitations you may encounter.
2) KEY TERMS
“ZenDXB” or “we” or “us” or “our” all refer to Zen Diagnostics Laboratories located at Dubai Science Park North Tower N504 PO BOX 500767, Dubai, UAE.
“ZenDXB.com” refers to any platform operated by ZenDXB in relation to the Services contemplated herein, including our website, mobile application and associated tools and features.
“Services” refer to all the service users enjoy when they access ZenDXB.com, including the purchase of Kits, sample collection testing, etc. There are two types of users on the Services; therefore, not all the Services apply to every user.
3) NO MEDICAL INFORMATION OR ADVICE
Although we ensure the information posted on ZenDXB.com is properly researched and checked for currentness and validness, we cannot guarantee you that they are accurate or current. The information on ZenDXB.com does not replace medical information or advise – they are posted for informational purposes only. You are advised not to rely on any information posted on ZenDXB.com, as your reliance is at your sole risk. ZenDXB hereby disclaims all responsibilities and liabilities from your reliance on any information on ZenDXB.com.
4) NO GUARANTEE OF RESULT ACCURACY
The samples obtained from end-users are tested in our laboratory with the right medical tools and equipment. However, like other medical laboratories, the results may sometimes be inaccurate due to uncontrollable circumstances. Therefore, we do not warrant that our result will, at all times, be 100% accurate and that whatever result we provide to you will be the exact situation. ZenDXB will not be responsible or liable to you or any third-party for any loss or damages that may occur from the result provided to you from our laboratory.
5) NO LIABILITY FOR THIRD-PARTY SERVICES OR CONTENT
If you use the Services as an end-user, we may connect/refer you to a third-party medical practitioner, a user who provides independent medical services through ZenDXB.com, including prescriptions for your STD. We are not responsible for the services provided by any user of ZenDXB.com. ZenDXB only provides the platform and tools for users whose sample come positive to connect with a licensed third-party medical practitioner for prescriptions. ZenDXB does not have any affiliation with any third-party medical practitioner or user; neither do we act as their agent or partner. If you use the services of any third-party medical practitioner through ZenDXB.com, then you are doing so at your sole risk. You hereby release ZenDXB from any disputes, losses, damages, expenses, liabilities or injuries you may suffer from using any third-party medical practitioner through ZenDXB.com.
Although we verify the third-party medical practitioners through their licenses and certificates before accepting their request to use the Services; however, you are expected to verify their legitimacy before using them. We do not guarantee you that any third-party medical practitioner is who they say they are and that their submitted licenses are valid.
Likewise, ZenDXB.com may contain content, such as comments, links and other materials from third parties. Your access of any third-party content via ZenDXB.com is governed by the third party’s terms and conditions and policies. We implore you to review any third party’s terms and conditions and policies before accessing any of their content or information. ZenDXB will, under no circumstances, be liable to you for any liabilities from your use of any third-party content on ZenDXB.
6) SERVICE ELIGIBILITY
To use the Services, including as an end-user or a third-party medical practitioner, you must be at least 18 years of age, and you must be able to form a legally binding agreement. If you are an end-user who is a minor, you may only use the Services under the supervision of at least a parent or legal guardian. As a third-party medical practitioner, you must obtain the right medical licenses before registering on ZenDXB.com. Your breach of this section as a user confers to us the right to terminate your user account without liabilities.
7) USER ACCOUNT AND REGISTRATION
To access ZenDXB.com is free. However, to use the Services, you must register a user account and submit personal data to us, including your name, contact address, payment data, ID verification (where applicable) and other registration data as may be required when you opt-in to use the Services. By submitting personal data to us, you warrant that your submitted personal data is accurate, complete and up-to-date and that you will be responsible for any activities that occur under your user account.
You are not permitted to create a user account under false identity, and you must not create more than one user account. You also must not assign, rent or sell your user account login or access to a third-party without our written consent. ZenDXB will not be liable to you for any loss incurred from your negligence towards safeguarding your user account login data. Also, we reserve the right to refuse your request to sign up as a user or terminate your user account at any time.
8) PROHIBITED ACTIVITIES
When you use ZenDXB.com as a user, you are to refrain from the below-listed prohibited activities:
You shall not violate any applicable law of the UAE;
You shall not delete or attempt to delete any copyright or other intellectual property content or notices from ZenDXB.com;
You shall not carry out unethical, harmful, fraudulent, deceptive or offensive activities;
You shall not attempt to gain unauthorised access to the computer networks or systems connected to ZenDXB.com, and will not transmit ‘junk mail’ or any unsolicited mass distribution of email;
You shall not access ZenDXB.com with any automated technologies, such as scrapers, robots and spiders;
You shall not impose any load on ZenDXB.com or any networks connected to it, or otherwise, attempt to interfere with the smooth running of ZenDXB.com;
You shall not attempt to know any personal data of another user without obtaining their consent or unless it is publicly available; and
You shall not make anyone believe (whether orally or in written form) you are affiliated with ZenDXB without our written permission.
9) ZENDXB CONTENT AND OTHER INTELLECTUAL PROPERTY RIGHTS
The content on ZenDXB.com, including, without limitation, all source codes, databases, functionality, software, website and app designs, audio, video, text, photographs and graphics (“ZenDXB Content”) and the trademarks, service marks and logos contained therein (“Marks”) are owned by or licensed to ZenDXB, and are subject to copyright and other intellectual property rights in the UAE. All ZenDXB designs, logos, graphics, page headers, button icons, scripts and service names are registered trademarks, common law trademarks or trade dress of ZenDXB in the UAE. ZenDXB’s trademarks and trade dress may not be used, including as part of trademarks and as part of domain names, in connection with any product or service in any manner that is likely to cause confusion. And you may not copy, imitate or use our trademarks (in whole or part) without prior written approval.
The ZenDXB Content on ZenDXB.com is provided to you “AS IS” for your information and personal use only. You may not use, copy, reproduce, aggregate, distribute, transmit, display, sell, license or otherwise exploit it for any other purposes without prior written approval from ZenDXB.
10) LICENSE GRANT
The license granted to you hereunder does not include: (i) the resale of our Kits or any ZenDXB Content; (ii) copying our product descriptions, listing or pricing for commercial purposes; (iii) engaging in any derivative use of the ZenDXB.com, the ZenDXB Content or the Services; (iv) using any data-gathering or other extraction software, such as scrapers and robots; and (v) removing or erasing any proprietary or intellectual property notices on ZenDXB.com or any part thereof.
ZenDXB reserves all rights not expressly granted to you in and to ZenDXB.com and the ZenDXB Content and Marks.
11) USER CONTENT
Certain parts of ZenDXB.com may permit you to post content, such as comments, images, messages and other user-generated materials (collectively, “User Content”). In other to make your User Content available on ZenDXB.com, we require your license. Aside from any User Content related to your protected health information and private chats, all public User Content will be treated as non-proprietary and non-confidential – except that you retain the rights to your User Content.
By posting User Content to ZenDXB.com, you hereby grant to ZenDXB and licensors a non-exclusive, irrevocable, perpetual, sub-licensable, worldwide, royalty-free license and right to use, display, publish, transmit, distribute, reproduce, edit, sub-license, modify or create derivative works from your User Content that you post to ZenDXB.com for any purposes (in any media or form). This right granted also applies to other ZenDXB.com users.
In addition, by posting User Content on ZenDXB.com, you warrant to us that your User Content:
- is not be pornographic, inaccurate, sexually-explicit, lascivious, indecent, derogatory, offensive or obscene. Likewise, your User Content does not ridicule, mock or insult anyone, race, ethnicity, colour, religion or group, or support any violent takeover of any government or go against any applicable law;
- does not include materials that solicit personal data from persons under 18 years of age in a way that is sexual or violent, and will not go against any federal law regarding child pornography; or
12) ORDER, FEES AND PAYMENTS
In order to purchase a Kit via ZenDXB.com, you must submit certain order data, including your address, name, contact data, payment data and other order data as may be requested by us. We rely on this data to process your order, deliver the Kit to your address and collect the sample. By submitting this data, you warrant to us that it is accurate and complete. We will not be liable to you for any loss due to any incorrect data you submit to us.
The prices of our Kits are listed on ZenDXB.com in AED, and are exclusive of the tax, processing fees and other charges. The total order amount will be the amount displayed to you on the checkout page. Payments are made with any payment method supported on ZenDXB.com, such as MasterCard, Visa and other Credit/Debit cards. Payments for your purchases will be deducted from your payment method when you submit your order details. By submitting your payment method data, you authorise us to deduct the equivalent amount. By submitting your payment data, you warrant that the payment method has the equivalent order fees as displayed in checkout.
We reserve the right to review and change our pricing, including our Kits price and the Services, without notice or liability to you. However, changes in our fees will not apply to any already placed order or Services.
13) SHIPPING, DELIVERY AND RISK OF LOSS
When you place an order for our Kits through ZenDXB.com, we will deliver your order to the shipping address you submit during order checkout. The shipping fee (including other shipping-related information) and any other handling fees will be displayed to you on the order checkout page.
Upon the delivery of the Kit to you, the title and risk of loss automatically pass to you. Unless there are complications with the Kit delivered, we will not be liable if it gets damaged through your fault.
14) RETURNS, EXCHANGES AND REFUNDS
ZenDXB accepts returns, exchange and refunds for certain occurrences. We may refund you when the following happens:
- If you cancel your order before we dispatch it for shipping, you will be entitled to a full refund minus the charges from your payment method.
- You may request to cancel and return Kit if 30 days have not passed starting from the date of order placement. If 30 days have passed or the result of the test is provided to you, you will not be entitled to a refund or replacement. This does not include any other charges, such as shipping fee, handling fee and processing fee.
- If the Kit delivered to you is with any complications caused by ZenDXB, you are entitled to a replacement.
If you received your Kit and did not wish to continue with the test, please dispose it off. We do not accept unused Kits.
To request a refund or report any issue regarding the Kit delivered to you, please use the “Contact Us” form on ZenDXB.com or send us a direct message to our email address at firstname.lastname@example.org.
16) SUSPENSION OR TERMINATION OF YOUR USE
You may terminate your use of ZenDXB.com at any time, including by having your user account and personal data deleted to the extent permissible by law. You may terminate your user account or use of the Services by using the “Contact Us’ form on ZenDXB.com.
If ZenDXB terminates your user account for any of the listed-above reasons, you are prohibited from creating another user account under the same identity, false or borrowed identity or the identity of a third-party. We also reserve the right to pursue legal action in relation to your offence, including, without limitation, pursuing civil, criminal or injunctive relief.
17) SERVICE DISCLAIMERS
Although we provide ZenDXB.com and the Services in accordance with industry standards, we do not warrant that your use will always conform with your expectations.
YOU HEREBY AGREE THAT YOUR USE OF ZenDXB.com AND ANY INFORMATION AND THE SERVICES IS AT YOUR SOLE RISK. ZenDXB PROVIDES ZenDXB.com AND THE INFORMATION TO YOU ON “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, IN RELATION TO ZenDXB.com AND THE SERVICES, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PURPOSE AND NON-INFRINGEMENT.
ZenDXB MAKES NO REPRESENTATION OR WARRANTY THAT:
- YOUR USE OF ZenDXB.com OR YOUR INTERACTION WITH ANOTHER USER WILL MEET YOUR EXPECTATIONS;
- WE ENDORSE THE SERVICES OF THIRD-PARTY MEDICAL PRACTITIONERS OR THIRD PARTIES;
- ZenDXB.com WILL RUN ERROR-FREE WITHOUT VIRUSES, TROJAN HORSES OR ANY OTHER HARMFUL SOFTWARE, OR THAT ZenDXB.com WILL, AT ALL TIMES BE AVAILABLE;
- THE RESULT OF THE SAMPLE COLLECTED ABOUT YOU WILL BE 100% ACCURATE OR COMPLETE;
- ZenDXB.com WILL RUN AT ALL TIMES WITHOUT ANY INTERRUPTIONS OR OMISSIONS;
- ANY INFORMATION AVAILABLE THROUGH ZenDXB.com IS ACCURATE, TIMELY, ADEQUATE, USEFUL, RELIABLE OR COMPLETE;
- ANY PERSONAL DATA YOU SUBMIT TO US WILL BE SAFE FROM UNAUTHORISED ACCESS OR USE; AND
- ANY THIRD-PARTY LINK OR CONTENT AVAILABLE THROUGH ZenDXB.com IS SAFE TO ACCESS.
18) LIABILITY LIMITATION
EXCEPT FOR THE LIABILITIES OF DEATH OR INJURIES THAT MAY ARISE FROM OUR NEGLIGENCE, ZenDXB (OR AFFILIATES, EMPLOYEES, PARTNERS, LICENSORS, DIRECTORS OR AGENTS) WILL, UNDER NO CIRCUMSTANCES, BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING DAMAGES OF LOSS OF PROFIT OR REVENUE, PERSONAL DATA OR OTHER INTANGIBLE DAMAGES THAT MAY ARISE DUE TO YOUR ACCESS OF ZenDXB.com OR YOUR USE OF ANY INFORMATION ON ZenDXB.com or THE SERVICES, EVEN IF ZenDXB MAY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES ARISING.
NOTWITHSTANDING ANYTHING TO THE LIMITATION ABOVE, ZenDXB’s LIABILITY TO YOU, IF FOUND LIABLE, SHALL NOT EXCEED THE GREATER OF THE TOTAL FEES YOU HAVE PAID TO US IN THE PAST 3 (THREE) MONTHS OR A SUM OF 100AED.
20) DISPUTES BETWEEN USERS
If there is a dispute between you and another user (for example, a dispute between an end-user and a third-party medical practitioner), then you understand and agree that ZenDXB is under no obligation to get involved. In the event that you have a dispute with one or more other users, you hereby release us, our officers, employees, licensors, agents, partners, directors and any other affiliates from claims, demands and damage (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes.
21) DISPUTES WITH ZENDXB
22) ENTIRE AGREEMENT AND HEADINGS
23) NO WAIVER
25) ASSIGNMENT OF RIGHTS
26) REVISIONS AND CHANGES
27) REACH OUT TO US