Terms of service

TERMS OF USE

1) OVERVIEW

This Terms of Use governs your access of this website at www.zendxb.com, our mobile application and other ZenDXB operated platforms (collectively, “ZenDXB.com”), as well as your use of the services provided by ZenDXB therefrom, including the sale of sample collection kits (“Kits”), testing of samples at our laboratory and providing results, connecting third-party medical practitioners and end-users and other associated services (collectively, the “Services”). Please, also read and accept our Privacy Policy (and other applicable agreements on ZenDXB.com). Our Privacy Policy describes how ZenDXB handles the personal data we collect from you in relation to your access to ZenDXB.com and your use of the Services.

This Terms of Use applies to anyone accessing ZenDXB.com or using the Services, including if you are a third-party medical practitioner that provides prescriptions or an end-user (collectively, “users”). This Terms of Use also apply to you if you are using the Services on behalf of a minor (parents or other legal guardians).

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.

Now, by accessing ZenDXB.com or using any of the Services provided by ZenDXB, then it means you have read the entirety of this Terms of Use and that you have agreed to the terms and conditions in it. Should you object to any terms and conditions in this Terms of Use, then you are not permitted to access ZenDXB.com or use the Services.

2) KEY TERMS

Under this Terms of Use, the following bolded words have the meanings assigned to them:

“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.

“users” or “you” or “your” refer to anyone accessing ZenDXB.com or using any Services ZenDXB provides through it (including the third-party medical practitioners and end-users). In other words, this means you reading this Terms of Use.

“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.

ALL USERS HEREBY AGREE THAT NOTHING UNDER THIS TERMS OF USE SHALL BE CONSTRUED AS CREATING AN EMPLOYMENT, PARTNERSHIP, AGENCY OR JOINT-VENTURE RELATIONSHIP BETWEEN USERS AND ZENDXB IN RELATION TO THE SERVICES. NEITHER YOU NOR ZenDXB SHALL HAVE THE RIGHT OR AUTHORITY TO INCUR ANY DEBT NOR OTHERWISE ENTER INTO OTHER CONTRACTS IN THE NAME OR ON BEHALF OF THE OTHER PARTY.

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:

  • i.

    You shall not violate any applicable law of the UAE;

  • ii.

    You shall not delete or attempt to delete any copyright or other intellectual property content or notices from ZenDXB.com;

  • iii.

    You shall not carry out unethical, harmful, fraudulent, deceptive or offensive activities;

  • iv.

    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;

  • v.

    You shall not access ZenDXB.com with any automated technologies, such as scrapers, robots and spiders;

  • vi.

    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;

  • vii.

    You shall not attempt to know any personal data of another user without obtaining their consent or unless it is publicly available; and

  • viii.

    You shall not make anyone believe (whether orally or in written form) you are affiliated with ZenDXB without our written permission.

If you believe any content on ZenDXB.com violates this Terms of Use, you may report it to ZenDXB by sending an email to support@zendxb.com.

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

Provided that you are eligible to use ZenDXB.com, and subject to your compliance with this Terms of Use, ZenDXB grants you a limited license to access and use ZenDXB.com and any ZenDXB Content to which you have properly gained access solely for your personal, non-commercial use.

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:

  • does not infringe on any user or third party’s copyright or intellectual property rights and that you have the necessary licenses or permissions over such User Content, including the right to grant ZenDXB and other users to use it in accordance with this Terms of Use;
  • 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
  • does not contain links or materials that go against any provision of this Terms of Use or any applicable law.

ZenDXB reserves the absolute right and discretion to remove any User Content that we believe is inappropriate or violates this Terms of Use.

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 support@zendxb.com.

15) PRIVACY POLICY

ZenDXB cares about your health information and any personal data you submit to us when you use the Services. We do not use your health information and other personal data for any other purposes other than for the purposes for which it was collected. Any personal data you submit to us when you access ZenDXB.com or use the Services will be used in accordance with the descriptions in our Privacy Policy. Our Privacy Policy describes the methods of data collection, the data collected, who has access to your data, what we use data for and the rights you have over your data. Please, read our Privacy Policy and agree to it. Your submission of data and use of the Services constitute your acceptance of our Privacy Policy. If you do not agree to our Privacy Policy, you are not permitted to use the Services.

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.

ZenDXB reserves the right at its discretion to suspend, limit or terminate your access of ZenDXB.com and the Services at any time with or without notice and for any reason, including for reasons such as violations of this Terms of Use, any applicable law, or your representations and warranties. Termination action may include deleting your user account and any personal data you have on our database.

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.

19) INDEMNITY

You hereby agree to defend, indemnify and hold ZenDXB (or affiliates, employees, agents, partners, licensors and officers) harmless from and against, any loss, damage, liability, claim or demand, including reasonable attorney’s fees and responses, made by any third party due to or arising out of your User Content, your use of the Services or any information on ZenDXB.com, your breach of this Terms of Use or any applicable law or your representations and warranties.

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

This Terms of Use and the Services are governed and construed by the federal laws the UAE and the Emirates of Dubai applicable therein. If you have any dispute with ZenDXB, you agree to try and first settle it with us informally by reaching out to us via our email address at support@zendxb.com. If we are unable to settle such disputes informally within 15 days after your claim, then you may submit your claim to any courts located in Dubai or Abu Dhabi of the UAE.

22) ENTIRE AGREEMENT AND HEADINGS

This Terms of Use and other agreements related to your use of ZenDXB.com constitute the entire agreement between you and ZenDXB in relation to ZenDXB.com and the Services. Together, they supersede any contemporaneous understanding and agreement that may have priorly existed between you and ZenDXB (whether oral or written).

The headings of each section under this Terms of Use are for convenience only. They shall not affect the interpretations of such headings and sections.

23) NO WAIVER

The delay or failure of ZenDXB to enforce any right or provision under this Terms of Use shall not operate as a waiver of our rights to enforce such a right or provision at a later date or on subsequent violations. No waiver shall be binding or effective unless it is signed in writing by ZenDXB.

24) SEVERABILITY

If any portion or provision of this Terms of Use is found by any court having competent jurisdiction to be invalid or unenforceable, such a portion or provision shall be removed/deleted/severed, and it shall not affect the validity or enforceability of the remaining valid and enforceable portions.

25) ASSIGNMENT OF RIGHTS

You may not assign or transfer your rights under this Terms of Use or your user account to another person or third-party without obtaining written consent from ZenDXB. On the other hand, ZenDXB reserves the right to assign its rights under this Terms of Use to a third-party service provider.

26) REVISIONS AND CHANGES

Parts of this Terms of Use may be reviewed, revised and changed at any time depending on the reason, which may be due to changes in our features, the way we provide the Services or any applicable law. We reserve the right but not the obligation to notify you of changes to this Terms of Use. However, if we are to notify you of changes, you will be notified via your account dashboard, email address or any part of ZenDXB.com’s interface. Regardless, you are expected to review this Terms of Use frequently to watch out for any changes. If we change any part of this Terms of Use and you continue to access ZenDXB.com or use the Services after such changes, then you will be deemed to have accepted such changes.

27) REACH OUT TO US

Thank you for taking the time to read this Terms of Use. For any enquiries, questions, concerns, feedback or complaints regarding this Terms of Use or the Services, please contact us using this link or reach out to us directly via support@zendxb.com: