terms of use

TERMS AND CONDITIONS FOR THE USE OF THE SERVICES OF MAKEO

1. About the Terms and Conditions:

terms of use Hello, and welcome to the makeO Terms and Conditions of Use (“Terms of Use”). The Terms you see below are important because they: Outline your legal rights on makeO Website Explain the rights you give to us when you use makeO Website & Services Describe the rules everyone needs to follow when using the makeO Website & Services By using MakeO Services, the Customer irrevocably and unconditionally agrees and submits to the Terms and Conditions (TCs) hereunder, including the Privacy Policy (PrvP) available on the Platform. Please read these Terms and Conditions (TCs) carefully before using MakeO website https://MakeO.app/ and/or mobile application downloadable through the Apple App Store and Android Store and/or any other social media channels used by MakeO (together with the Platform). MakeO reserves the right to modify these Terms and Conditions or any additional terms that apply to the Services, for example, reflect changes to the law or changes to the Services. What constitutes a material change will be determined at MakeOs sole discretion. As a consequence, MakeO requires the Customer to look regularly at the Terms and Conditions accessible on www.MakeO.ae The website is expressly owned and operated by AMPA Orthodontics Pvt Ltd. Unless otherwise noted, the design and content features on the Website, including information and other materials, illustrations, product layout and design, icons, navigational buttons, images, artwork, graphics, photography, text, data, audio sound, software and the like, as well as the selection, assembly and arrangement thereof (the "Website Information"), are owned by AMPA or its affiliates or are licensed from third party service providers by AMPA. makeO and the website names, logos including Toothsi and Skinnsi, and other identifying marks are the property of AMPA. The website, as a whole and in part, is protected by copyright, trademark, service mark, trade name, and other intellectual property and other proprietary rights, and all other applicable rights are reserved. Product means and includes the clear aligners and other products available on the Website. “Services” means services in respect of the clear aligners provided by AMPA and skin care services like laser hair reduction, derma facial, acne treatment etc. It is clarified the clear aligners and dental products and services are/were catered under the brand name “Toothsi” owned and controlled by AMPA while the products and services with respect to skin care are/ were catered by the brand name “Skinnsi” owned and controlled by AMPA and makeO is a parent brand for Toothsi and Skinnsi. The Services in respect of the aligners and skin care may be provided at our own clinic and/or through third party extended clinics (“Extended Clinics”) which are operated independently by professionals. While the professionals at the Extended Clinics would be provided relevant information in respect of the aligners and skin care, You hereby agree that we would not be responsible in manner whatsoever for the services or procedures carried out by such professionals at such Extended Clinics. You may avail or book the skin related services provided by makeO for your friend and family. You may please note that the recipient of services shall be governed by makeO Terms and shall provide necessary information as may be required or sought at the time of providing such services. MakeO will post notice of modified and/or additional Terms to the existing Terms and Conditions applicable to the Services. Changes will not apply retroactively but will become effective upon posting the amended version of the Terms and Conditions on the Platform. If the Customer does not agree to the Terms and Conditions, the Customer is required to refrain from using the Services of MakeO. 2. Using MakeO Services: The Customer must follow any policies made available to him by MakeO within the scope of the Services. The Customer is required not to misuse the Platform and/or the Services provided through it. The Customer shall not interfere with the Services and/or the Platform or try to access them using a method other than the interface and the instructions that MakeO provides. The Customer may use the Platform and the Services only as permitted by law, including applicable export and re-export control laws and regulations. MakeO reserves the right to suspend or stop providing the Services to the Customer if he does not comply with these Terms and Conditions or policies or if MakeO is investigating suspected misconduct. 3. Terminology: (a) The following terminology applies to these Terms and Conditions, and any or all Agreements: i. “Terms and Conditions” and/or “TCs” refer to these Terms and Conditions (“TCs”) and the “Privacy Policy” (PrvP) available on “the Platform”. ii. “Customer” refers to the person accessing “MakeO`s” “Platform” and/or using “MakeOs” “Services” by accepting “MakeO`s” “Terms and Conditions”. iii. “Parties” refers to both “the Customer” and ”MakeO”, instead "Party" refers to either “the Customer” or “MakeO”. iv. The term “Platform” refers to the website makeo.app and/or the mobile application available through the Apple App Store and Android App Store and any other marketing channels, including any form of social media means. v. “Partner Dentist/ Orthodontists” refers to each and any dentist, orthodontist or laboratory identified by “MakeO” to provide “the Product” and related services to the Customer. vi. The term “third party” refers to any party including the “Partner Dentist/ Orthodontists”, except “MakeO” and “the Customer”. vii. “Agreement” refers to any mutual and legally binding understanding between “MakeO” and “the Customer” in writing. viii. “Dentist consultation appointment” refers to any appointment with the “Partner Dentist/ Orthodontists” in person scheduled by “the Customer” through “the Platform”. ix. “The Consultation Fee” refers to and is charged for the first medical appointment with and by a “Medical Cooperation Partner” in order to verify the feasibility of the treatment with “the Product”. x. The term “prices” refers to professional fees of the “Partner Dentist/ Orthodontists”, service fees of “MakeO” and any other fee that may be charged for further services, excluding “the Consultation Fee”. xi. “VAT” refers to the value added tax applicable under Federal Decree-Law no.8 of 2017 on value added tax and Cabinet Decision No. (52) of 2017 on the Executive Regulation of Federal Decree-Law No. (8) of 2017 on Value Added Tax (VAT). xii. “Invoice” refers to Tax Invoice issued by “MakeO” on behalf of the “Partner Dentist/ Orthodontists”. xiii. “Business Day” shall mean a day (other than a Friday, Saturday or a public holiday) when banks in UAE are open for retail business. (b) All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of MakeO assistance to the Customer in the most appropriate manner, whether through formal meetings of a fixed duration, or by any other means, with the express purpose of meeting the Customer's needs in terms of providing MakeO’s determined Services in accordance with and subject to applicable laws. (c) Any use of the above terminology or other words in the singular, plural, capital letters and/or plural, and/or these terms, is considered interchangeable and therefore a reference to them. 4. Scope of MakeOs Services: (a) MakeO is a is highly experienced e-marketing online platform, established to provide a comprehensive service line connected to the supply of clear aligners (the Product) and related services (the Services) through its professional and Partner Dentist/ Orthodontists licensed in the United Arab Emirates. (b) Upon registering with the Platform, MakeO will receive the Customer ́s inquiry, guide him and handle the complete process until obtaining the Product. MakeO will facilitate the access to its highly experienced Partner Dentist/ Orthodontists to the Customers. By using the Platform, the Customer acknowledges that the Product is supplied by the Partner Dentist/ Orthodontists identified by MakeO. (c) These Terms and Conditions are applicable to and shall be incorporated by reference into any order confirmation, contract, agreement or other written instrument issued or signed by MakeO through its Platform in respect to Services provided by MakeO. Services shall be provided exclusively on the basis of the applicable Customer request and/or order confirmation through the Platform. (d) Offers for the provision of any Services by MakeO are subject to change. An agreement in respect of the provision of Services and/or Products shall only come into effect upon written confirmation or email to the Customer by MakeO after having registered with the Platform. 5. Limitation of Liability, Damages and Use of Information: (a) The information contained on the Platform is provided on an as is basis and is used for information purposes only, in particular, information relating to dental, medical, orthodontic and health conditions, the Product, Services and treatments. This information should not be considered complete and is not intended to provide or replace medical advice for any medical condition the Customer may have and which is unknown to MakeO at the time using the Platform and thereafter. (b) To the fullest extent permitted by law, MakeO excludes all representations and/or warranties with respect to the Platform, its content and any information provided herein, including any content or information that is or may be provided by affiliates or any other third party, including any inaccuracy or omission. (c) Any liability arising out of or in connection with the provision of MakeOs Services shall be limited to the amount corresponding to the value of MakeOs Services – however, in any case it shall not exceed the invoiced amount. (d) By using the Services of MakeO the Customer agrees and acknowledges that the Product is solely supplied by the Medical Cooperation Partner identified by MakeO and any Customer rights arising in connection with the supply of Product shall exclusively be communicated and claimed against the Medical Cooperation Partner, including any Warranty- or Representation rights. (e) All other, warranties, representations, conditions, implied terms, liability for damages (other than that regulated in the preceding paragraphs) is excluded, irrespective of the legal nature of the claim asserted. f) MakeO shall not be liable to the Customer for any failure of any third party and shall not be liable for the failure to perform any obligation under any agreement which is due to an event beyond its control including but not limited to any of god, terrorism, war, political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or man-made eventuality outside of MakeO’s control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen. MakeO in such event shall forthwith inform the Customer of the same and shall use all reasonable endeavours to comply with the terms and conditions of any agreement contained herein. 6. Period of Performance: (a) Service schedules are based on estimates and are therefore not binding, and time is not of the essence with regard to the Service provided by MakeO hereunder. (b) The Customer can demand that the Service be performed within a binding period of time, which must be designated as binding, only if the scope of the work has been precisely defined and the timing has been agreed in writing with MakeO. Provided that MakeO has agreed on a delivery time in writing, but the timing cannot - due to whatsoever reason – be maintained, the agreed delivery timing shall be deemed to have been mutually extended accordingly to a reasonable timing. (c) The binding period shall be deemed to have been complied with if the Product is ready for delivery to the Customer, or for testing, if testing is stipulated under the agreement, at the time the period expires; however delivery times with regards to the Product will be determined by the Partner Dentist/ Orthodontists upon verifying the feasibility of the treatment and use of the Product. (d) MakeO requires at least a twenty-four (24) hour's notice to cancel or reschedule a dentist consultation appointment. The Customer is requested to use the online appointment tool on the Platform to book, cancel or change the appointment with the Partner Dentist/ Orthodontists. (e) In case the Customer does not attend the scheduled appointment without canceling at least twenty-four hours in advance or arrives with a delay of at least fifteen (15) minutes or more, the Customer may be fully charged an amount of AED 250.00 and the Medical Cooperation Partner is entitled to charge the Customer, provided the Medical Cooperation Partner is not able to consult the Customer for whatsoever reason. 7. Prices, Payment, and Invoicing process: (a) All applicable prices related to the Product and the Services are indicated on the Platform and charged to the Customer accordingly by MakeO on behalf of its Partner Dentist/ Orthodontists. By using the Platform and requesting the Services of MakeO, the Customer agrees to the prices applicable. Invoices issued by MakeO shall include and display the prices applied. (b) Unless otherwise agreed in writing, the Customer shall upon receiving the invoice by MakeO pay the invoiced amount within 7 (seven) business days as of the date of issuing the invoice. In explicitly agreed cases in writing the invoice amount shall be paid in advance, in cleared funds, the associated costs of the Services and the Product. (c) All amounts displayed on the Platform and payable by the Customer are inclusive of statutory VAT. Statutory VAT will be billed to the Customer in addition to any other duties or taxes in force from time to time, and the Customer shall, on receipt of MakeO’s invoice, pay to MakeO such additional amounts as are chargeable on the supply of the Services and the Product at the same time as payment is due. (d) The Customer shall pay the price due, in full without any deduction and shall not be entitled to assert any credit, set-off, or counterclaim against MakeO in order to justify withholding payment of any such amount in whole or in part. MakeO may, without limiting its other rights or remedies, set-off any amount owing to it by the Customer against any amount payable by MakeO to the Customer. 8. Retention of Title: Each Medical Cooperation Partner may reserve the ownership of the Product, accessories, replacement parts, and replacement units used until the price stipulated in the relevant agreement has been received by MakeO. Additional arrangements for providing security can be made. 9. Communication of Defective Products: The Customer must promptly inform MakeO of any defects detected in the Product or the provision of Services. 10. Right of Withdrawal and Termination: (a) Without limiting its other rights or remedies, MakeO shall have the right to terminate an agreement or suspend all further provision of Services under the agreement or any other agreement between the Customer and MakeO by giving notice to the Customer to his registered email address, if: the Customer fails to pay the price due under an agreement on the due date for payment; or the Customer fails to observe his obligations under the agreement with MakeO and/or these Terms and Conditions. (b) The Product may be returned by the Customer within the first 30 calendar days as of the treatment and handover, provided the Product is completely unused and unopened. MakeO will refund a prorated amount from the total price. The Customer agrees that any charges, fees, custom duties or taxes arising in connection with the return of the Product will be solely borne by the Customer. (c) The Customer is requested to follow these steps when returning the Product: Pack unused Product in the original packaging. Include all original packing materials, manuals and accessories. The Customer must inform MakeO about returning the Product by emailing to return@MakeO.ae with its reference number. MakeO will indicate where to send the product. (d) MakeO shall process the reimbursement within twenty (20) business days from the day the Product has been received by it and MakeO has verified the non-use of the Product. The Customer ́s payment will only be reimbursed to the debited account. 11. Intellectual Property Rights: (a) The Customer by using the Platform agrees that the Product and the Services and any and all data, information, technical specifications, documentation and drawings whether in electronic form or as a hardcopy how so ever related to the Product and Services shall at all times be considered the exclusive Intellectual Property of MakeO. (b) The Customer shall at all times recognize the validity and ownership of the Intellectual Property of the Product and the Services and at no time contest such Intellectual Property. (c) The same applies to the content and information provided on the Platform. (d) The use of the Platform does not grant the Customer any right to use any branding or logos displayed on it or used within MakeO`s Services, the Platform and the Product. 12. Waiver and Cumulative Remedies: (a) A waiver of any right under an agreement is only effective if it is in writing and shall not be deemed to be a waiver of any subsequent breach or default. No failure or delay by a party in exercising any right or remedy under an agreement or by law shall constitute a waiver of that or any other right or remedy, nor preclude or restrict its further exercise. (b) No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that or any other right or remedy. Unless specifically provided otherwise, rights arising under an agreement are cumulative and to not exclude rights provided by law. 13. Assignment: (a) MakeO may at any time assign, transfer, charge, subcontract or deal in any other manner with all or any of its rights under an agreement and may subcontract or delegate in any manner any or all of its obligations under an agreement to any third party. (b) The Customer shall not, without the prior written consent of MakeO, assign, transfer, charge, subcontract or deal in any other manner with all or any of its rights or obligations under the Terms and Conditions or any agreement with MakeO. 14.Notice: (a) Any notice or other communication required to be given to the Customer in connection with the Services or the Product shall be sent by email to the Customers registered main email address, respectively. (b) Any notice or other communication shall be deemed to have been duly received if delivered personally, when left at such addressor or if delivered by commercial courier, on the date and at the time that the courier's delivery receipt is signed, or if sent by email, on the next business day after transmission. 15. Variation: Except as set out in these Terms and Conditions, any variation to an agreement shall only be binding when agreed in writing and signed by MakeO and the Customer. 16. Confidentiality: (a) The Customer may be asked to supply certain information relevant to render the desired Product and/or Services including, without limitation, the full name, address, e-mail address, payment information. By using the Services, the Customer irrevocably grants MakeO the right to use all information and documentation provided by the Customer. (b) MakeO may ask the Customer to submit a clear and colored picture of the Customer ́s set of teeth to verify the feasibility of the Product. (c) The Customer is obliged to provide true and reliable information and documentation as may be required by MakeO upon registering with the Platform. The Customer irrevocably and unconditionally grants MakeO the right and license to use the information and documentation provided for the requested Product and Service. MakeO expressly excludes any liability for false and/or untrue information/ documentation provided by the Customer or any information and/or documentation which the Customer untruly claims to own. (d) MakeO may disclose the Customer ́s confidential information to its employees, officers, representatives, subcontractors, Partner Dentist/ Orthodontists or advisers who need to know such information for the purposes of carrying out the Services requested by the Customer. (e) MakeO shall ensure that its employees, officers, representatives, Partner Dentist/ Orthodontists, subcontractors or advisers, to whom it may disclose the Customer’s confidential information, comply with this Article as may be required by law, a court of competent jurisdiction or any governmental or regulatory authority. 17. Severability: If any term or provision of these Terms and Conditions is found by a court or tribunal of competent jurisdiction to be invalid, illegal or otherwise unenforceable, the same shall not affect the other terms or provisions of the Terms and Conditions, but such term or provision shall be modified to the minimum extent necessary to render such term or provision valid and enforceable. 18. Jurisdiction and Applicable Law: (a) These Terms and Conditions shall be governed by and construed in accordance with the laws of the Dubai International Financial Centre (b) Any dispute arising out of or in connection with these Terms and Conditions and any agreement to which they relate, including any question regarding its existence, validity or termination, shall be subject to the non-exclusive jurisdiction of the Courts of the Dubai International Financial Centre. Each party irrevocably submits to the jurisdiction of the DIFC Courts and waives any objection it may have to disputes arising out of or in connection with this contract being heard in the Courts of Dubai International Financial Centre on the grounds that it is an inconvenient forum (forum non convenience). Card Usage and User Policy · Visa or MasterCard debit and credit cards in AED will be accepted for payment. · We will not trade with or provide any services to OFAC (Office of Foreign Assets Control) and sanctioned countries in accordance with the law of UAE. · Cardholder must retain a copy of transaction records and Merchant policies and rules. · User is responsible for maintaining the confidentiality of his account. Contact Us If you have any questions about these Terms and Conditions, please contact MakeO at support@toothsi.ae