Terms of service

TERMS & CONDITIONS

These terms and conditions constitute a legally binding agreement (“the Agreement”) between houseofpops.ae (hereinafter referred to as the “us” “we”); and you.

The following terms and conditions govern all use of the houseofpops.ae platform and all content, services, and products available at or through the website, including successor domain names or sites (the “Site”) and any and all information, text, graphics, photos, or other materials uploaded, downloaded, or appearing on the Site. Our services are offered subject to all of the terms and conditions contained herein and all other operating rules, policies and procedures that may be published from time to time by us. You agree that we may automatically upgrade our services, and these terms will apply to any upgrades.

Wherever used in these Terms and Conditions, “you”, “your”, “Customer”, “User” or similar terms means the person or legal entity accessing or using ourservices. If you are accessing and using the services on behalf of a company (such as your employer) or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and Conditions.

By using the Site, you acknowledge that you are at least 18 years of age or under the supervision of an adult.

By accessing or using any part of our services, you agree to become bound by the terms and conditions of this Agreement. If you do not agree to all the terms and conditions of this Agreement, then you may not (and shall not) access or use any of our services. If these terms and conditions are considered an offer by us to provide any services, then your acceptance and relation with us is expressly governed by the terms of this Agreement.

  1. Definitions
    • “User” shall mean but is not limited to the individual consenting to and entering into this Agreement on the Site.
    • “Registered User” shall mean a registered individual who has an account on the Site.
    • “Site” shall mean the website and system under the domain name houseofpops.ae.
  2. Understanding
    • You agree that we are an online platform, established to promote, market, sell products and services.
  3. Price and Payment:
    • Prices shall be as specified by usbased on a published price list by us. Wereserve the right to update the price list from time to time without prior notice. All prices shall not include customs duties, sales tax, or any other charges levied by any governmental authority.
    • Also, we provide online payment facilities to purchase the products.
  4. Taxes and Withholdings

You are responsible for paying all taxes associated with the request of the aligners. If we have the legal obligation to pay or collect Taxes for which you are responsible under this section, the appropriate amount shall be invoiced to and paid by you, unless you provide us with a valid tax exemption certificate authorized by the appropriate taxing authority. Any and all payments by or on account of the compensation payable under this Agreement shall be made free and clear of and without deduction or withholding for any taxes. If you are required to deduct or withhold any taxes from such payments, then the sum payable shall be increased as necessary so that, after making all required deductions or withholdings, wereceive an amount equal to the sum it would have received had no such deduction or withholding been made.

  1. Cancellation and Refunds
    • Once approved and confirmed by you, the order can no longer be cancelled and you will be charged the full fee.
  2. Shipment and Delivery
    • Delivery dates are estimates. Weshall not be liable for any damages, losses or expenses incurred by you if wefail to meet the estimated delivery dates. The title to products shipped under this Agreement and risk of loss or damage during shipment pass from usto you upon delivery to the address specified by you. Delay in the delivery of products shall not relieve you of your obligations to accept and pay for products.
    • If you cause or request a delay in shipment without any intervening or superseding fault or negligence of us, risk of loss shall be deemed to have passed as of the date wenotifyyou of its readiness for shipment. If weincur costs and expenses of a delay in shipment as described in this subparagraph, such costs, shall be paid by you.
  3. Limitations of Liability

IN NO EVENT WE SHALL BE LIABLE FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH OR ARISING OUT OF THIS AGREEMENT OR THE USE OF THE PRODUCTS PROVIDED HEREUNDER, HOWEVER CAUSED, AND UNDER ANY THEORY OF LIABILITY WHETHER IN NEGLIGENCE, BREACH OF WARRANTY, STRICT LIABILITY, CONTRACT, TORT, INDEMNITY OR ANY OTHER CAUSE OR THEORY WHATSOEVER.

  1. Indemnification

YOU AGREE TO INDEMNIFY, DEFEND AND HOLD US HARMLESSAND/OR ITS OFFICERS, AGENTS, EMPLOYEES, CONTRACTORS, SUCCESSORS AND ASSIGNS FROM AND AGAINST ANY AND ALL LIABILITY, OBLIGATIONS, LOSSES, CLAIMS, ACTIONS, DAMAGES, PENALTIES, FINES, DEMANDS OR SUITS AND ALL RELATED COSTS, ATTORNEY’S FEES AND EXPENSES OF ANY KIND AND NATURE WHATSOEVER ARISING UNDER ANY THEORY OF LEGAL LIABILITY THAT MAY BE ASSERTED AGAINST USARISING OUT OF, OR RESULTING FROM, OR RELATING TO: (I) THIS AGREEMENT OR USE OF PRODUCTS SOLD UNDER THIS AGREEMENT; (II) ANY BREACH OF OR FAILURE BY YOU TO ABIDE BY ANY TERM OF THIS AGREEMENT; (III) ANY BREACH OR ALLEGED BREACH OF ANY REPRESENTATIONS OR WARRANTIES MADE BY YOU IN THIS AGREEMENT OR ANY INCORRECT INFORMATION PROVIDED BY YOU.

  1. Termination
    • If you violate the content or spirit of these Terms and Conditions, abuse the products, or otherwise create risk or possible legal exposure to us, wecan terminate this Agreement at our sole discretion.
  2. Intellectual Property.

This Agreement does not transfer from usto you any of ouror third party intellectual property, and all right, title, and interest in and to such property will remain (as between the parties) solely with us. Our Site, the logo, and all other trademarks, service marks, graphics, and logos used in connection with the Site or theproducts, are trademarks or registered trademarks. Other trademarks, service marks, graphics, and logos used in connection with our Site may be the trademarks of other third parties. Your use of our website grants you no right or license to reproduce or otherwise use any of ouror third-party trademarks. All rights, title, and interest in and to the products not expressly granted in this Agreement are reserved by us.

  1. Advertising and Marketing

Wereserve the right to use your name, address, telephone number, and descriptions of care and specialty services in any advertising, promotional and marketing materials, provided that you have the right to review such marketing materials before final publication or distribution.

  1. Non-Exclusivity

You acknowledge that the rights granted to you under this Agreement are non-exclusive and that nothing in this Agreement will be interpreted or construed to prohibit or in any way restrict our right to license, sell, or otherwise make available the products to any third party or perform any services for any third party.

  1. Translation

These Terms and Conditions were originally written in English (US). We may translate these terms into other languages. In the event of a conflict between a translated version of these Terms and Conditions and the English version, the English version will  prevail.

  1. Miscellaneous
    • We reserve the right to modify, supplement, or replace the terms of this Agreement, effective upon posting on our website or notifying you otherwise. Your continued use of the services after the effectiveness of that update will be deemed to represent your agreement with, and consent to be bound by, the new terms. Except for changes made by usas described here, no other amendment or modification of this Agreement shall be effective unless set forth in a written agreement bearing a written signature by us.
    • For purposes of service messages and notices about the services, wemay place a banner notice across our pages to alert you to certain changes such as modifications to this Agreement. Alternatively, notice may consist of an email from usto an email address associated with your account, even if we have other contact information. You acknowledge and agree that weshall have no liability associated with or arising from your failure to do so maintain accurate contact or other information, including, but not limited to, your failure to receive critical information about the products.
    • The parties intend by this Agreement that youare and at all times shall be an independent contractor and not the agent or employee of us. Neither this Agreement nor any contract with usnor any course of dealing or practice shall be interpreted as creating, or shall be deemed to create, any employer-employee, principal-agent, partnership, joint venture or other relationship between you and us.
    • Except for payment obligations, neither party shall be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond such party’s reasonable control, including the elements; fire; flood; severe weather; earthquake; vandalism; accidents; sabotage; power failure; denial of service attacks or similar attacks; Internet failure; acts of God and the public enemy; acts of war; acts of terrorism; riots; civil or public disturbances; strikes, lock-outs, or labor disruptions; and any laws, orders, rules, regulations, acts, or restraints of any government or governmental body or authority, civil or military, including the orders and judgments of courts.
    • The terms of this Agreement will apply to all orders you submit to usand shall supersede any additional terms, which may be incorporated in a purchase order form, or any other form you generate. Any such terms shall be null and void.
    • If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect.
    • Wemay assign its rights under this Agreement without condition and without the need to notify you or acquiring your approval.
    • This Agreement will be binding upon and will inure to the benefit of the parties, their successors, and permitted

BY ACCEPTING THESE TERMS AND CONDITONS, YOU AGREE THAT YOU HAVE READ AND UNDERSTOOD THIS AGREEMENT, AND AGREE TO BE LEGALLY BOUND BY THESE TERMS AND CONDITONS. If you have any questions or concerns about any of our policies please contact us on info@houseofpops.ae