Portal or authorized digital distribution platforms (Software); and (d) all data, text, images, photographs, graphics, audio, video, offers, coupons, and documents including, without limitation, marketing materials, press releases, white papers, product data sheets, and other information and content available or submitted on or through the Portal (Content)
This Portal is not intended for children. If you are under 18 years of age, please do not use or access the Portal at any time or in any manner, or submit any information to the Portal or to Auris. By accessing the website or downloading the application, you represent and warrant to us: (i) that you are at least eighteen (18) years old (ii) that you have not previously been suspended, removed or deactivated from the Service and (iii) that your registration and your use of the Service is in compliance with any and all applicable laws and regulations. If you are using the Service on behalf of an entity, organization, or company (collectively "Subscribing Organization"), you are an authorized representative of that Subscribing Organization with the authority to bind such organization to these Terms; and agree to be bound by these Terms on behalf of such Subscribing Organization. In such a case, "you" in these Terms refers to your Subscribing Organization, and any individual
authorized to use the Service on behalf of the Subscribing Organization, including you.
USE OF THE PORTAL
Access to and use of password protected or secure areas of the Portal is restricted to authorized or registered users only. You agree that you will not share your password(s), account information, access to the Portal, or create more than one personal account. You are responsible for maintaining the confidentiality of your password(s) and account information, and you are responsible for all activities that occur using your password(s) or account(s) and/or as a result of your use or access to the Portal. You agree to notify Auris immediately of any unauthorized use of your password(s) or account(s). You agree that Auris will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you would be held liable for losses incurred by Auris or another due to someone else using your account or password. You may not use anyone else’s account at any time.
You also agree not to access or use the Portal in any manner that may damage, disable, unduly burden, or impair any Auris networks or systems. You agree not to attempt to gain unauthorized access to any areas of the Portal, or any Auris networks or systems, or to interfere or attempt to interfere with any Auris networks or systems. You agree not to attempt to interfere with Services provided to any user, host or network, including, without limitation, via means of submitting a virus to the Portal, spamming, crashing, or otherwise. You agree not to use any robot or spider, or any other automated means to access or use
the Portal or any Auris, networks or systems.
REWARDS & SAMPLES
The Portal offers cashback, discounts, deals, contest prizes and other tactical earnings through a system of reward points which can be credited to a proprietary or third-party wallet system. These reward points may have a monetary value which may be directly highlighted on the Portal. Auris Business Ventures FZCO reserves the right to change the reward points program at its discretion, including but not limited to method of reward points withdrawals, transfers and corresponding monetary value. Auris provides an online service to connect its users who register for CLIPBOX service to sellers who may want to send samples to such users. The sellers send their samples to such users through Auris’ partner Logistics service providers ("Logistics partner") who may store, collate and distribute the samples as per a pre-defined schedule. Auris or its Logistics
partner are in no way responsible for the quality of the product delivered to the user, which remains the sole responsibility of the seller.
USE OF SOFTWARE
disclose any such method or means to any third party; (d) You may not modify, alter, or create derivative works of the Software; and (e) the Software may not be transferred, sublicensed, assigned, copied, or redistributed.
Auris may change the Services offered on or through the Portal at any time without notice. Auris makes no representation that the Portal is available for use in your location, and a reference to Services within the Portal does not imply that the Services will be available to you and/or in your location.
All Content, including without limitation, any advice, recommendation or opinion, offer or coupon, grocery or other product, service, retailer, recipe, drug, and health information is provided on or through the Portal for informational purposes only, and should not be construed to indicate that any such Content is endorsed by Auris, nor is there any representation or warranty by Auris that the Content is reliable, accurate, timely, complete, effective, or safe for your use. Always consult your medical professional regarding any health or medical condition and before using any medical product or any over-the-counter
drug. YOU ACKNOWLEDGE THAT RELIANCE ON ANY INFORMATION WITHIN THE CONTENT OR PROVIDED ON OR THROUGH THE PORTAL IS SOLELY AT YOUR OWN RISK.
Auris may permit registered users to post content to the Portal, including comments, photos,videos, and other materials (User Content). You understand and agree that Auris does not review User Content prior to posting and is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to User Content. You acknowledge that you may see User Content on the Portal that you find inaccurate, offensive, indecent, or objectionable; and you agree to, and hereby do, waive any legal or equitable claims, rights, or remedies you may have against Auris arising from or relating to User Content
If you choose to post User Content, please be aware that your User Content and your public account profile (e.g., your name or any other details submitted through the registration process) will be available to the public. If you register with us via a third party account such as Facebook, Google etc., your Auris profile may link to your public profile at that account
You retain all rights in and to the User Content you post to the Portal. However, by posting User Content to the Portal, you hereby grant Auris a perpetual, nonexclusive, royalty-free, transferable, sub-licensable, irrevocable, worldwide right and license to reproduce, prepare derivative works of, distribute, publicly perform, publicly display, adapt, broadcast, communicate and otherwise use your User Content (including any copyright, trademark, publicity, or other proprietary rights therein and thereto) in whole or in part, for any purpose, including without limitation in connection with the Portal and Auris’ business, marketing or promotional purposes, and/or for syndicating User Content, promoting or redistributing part or all of the Portal (and derivative works thereof) in any website, online application, mobile application, social media channel, or other medium now known or later developed. You also hereby grant Auris a perpetual, nonexclusive, royalty-free, transferable, sub-licensable,
irrevocable worldwide right and license to use your name, likeness, photograph, image, voice, and statements in connection with your User Content and any derivative works thereof. To the extent permitted by law, you hereby waive any moral rights you may have in or to your User Content.
Auris may use User Content to promote or advertise the Portal or Services or the products and services of affiliates, advertisers and other third parties (collectively Promotions). By posting User Content, you agree that Auris shall have the perpetual, nonexclusive, royalty-free, transferable, sub-licensable, irrevocable worldwide right and license to use your name,
likeness, photograph, image, voice, and statements in connection with such Promotions. You agree that you are not entitled to any compensation if your User Content, including without limitation, your name, likeness, photograph or image is adjacent to or included with advertisements, promotions, coupons, offers or other information, or otherwise used to promote the products and services of Auris or any other company or product that is addressed in your User Content.
You agree not to post any User Content that:
violates a third party’s copyrights, trade secrets, trademarks, privacy rights, publicity rights, or other intellectual or proprietary rights;
you do not have the right to disclose under any law, contractual obligation, or fiduciary relationship;
violates, or encourages conduct that violates, laws or regulations;
is fraudulent, false, misleading, or deceptive;
is sexually explicit, pornographic, obscene, defamatory, libelous, threatening, harassing, hateful, discriminatory, racially or ethnically offensive, abusive, violent, humiliating to or bullying of other people, or otherwise inappropriate, as deemed by Auris in its sole discretion;
may create a risk of harm, loss, emotional distress, or physical or mental injury to yourself, any other person, or any animal;
is harmful to or exploitive of children, or that includes images or videos of children without first obtaining the consent of their parent or guardian;
contains advertisements or solicitation of business;
sends spam, surveys, unsolicited advertising or promotional materials, or chain letters;
contains or links to any material that contains software viruses, corrupted files or any other similar software, files, or programs that may damage or adversely affect the operation of the Portal, the Services, or the computer or systems of another user;
impersonates another person or entity.
THIRD PARTY CONTENT
Clip the Deal may provide tools through the Service that enable you to export information to third party services, including through use of an API or by linking your account on Clip the Deal with an account on the third party service, such as Twitter or Facebook. By using these tools, you agree that we may transfer such User Content and information to the applicable third party service. Such third party services are not under our control, and we are not responsible for the contents of the third party service or the use of your User Content or information by the third party service. The Service, including our websites, may also contain links to third-party websites. The linked sites are not under our control, and we are not responsible for the contents of any linked site. We provide these links as a convenience only, and a link does not imply our endorsement of, sponsorship of, or affiliation with the linked site. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any of these third parties services or websites.
BY USING THE SERVICE YOU AGREE NOT TO:
1. submit to Clip the Deal purchase information that is false, inaccurate, fabricated, counterfeited, tampered with, adjusted, or otherwise artificial or inauthentic for the purpose of seeking to redeem Offers with Clip the Deal;
2. redeem, or attempt to redeem, Clip the Deal Offers for products that have not actually been purchased and retained, or for products that have been purchased but returned to a store or online vendor, following purchase;
3. upload receipts to Clip the Deal that have already been uploaded by you or another user, for the purpose of earning credit from Clip the Deal for purchasing products that you did not actually purchase;
4. upload receipts to Clip the Deal that reflect purchases that took place more than one (1) week prior to the date on which the receipt is uploaded;
5. upload receipts to Clip the Deal that reflect purchases that took place prior to the launch date of a retailer's rebate or campaign and therefore prior to your unlocking the rebate, except where expressly permitted in the rebate details;
6. attempt to obscure the date on a receipt, such as by purposefully uploading a receipt without any date shown or without any clearly legible date shown;
7. extract information from Clip the Deal's web or mobile applications for the purpose of using said information in conjunction with another service, web or mobile application;
8. rent, lease, loan, sell, resell, sublicense, distribute or otherwise transfer the licenses granted herein or any Materials (as defined below);
9. post, upload, or distribute any defamatory, libelous, or inaccurate User Content or other content;
10. post, upload, or distribute any User Content or other content that is unlawful or that a reasonable person could deem to be objectionable, profane, offensive, indecent, pornographic, harassing, threatening, embarrassing, distressing, vulgar, hateful, racially or ethnically offensive, or otherwise inappropriate;
11. exploit or attempt to exploit Clip the Deal's referral bonus program by inviting yourself to join Clip the Deal using another account or invite others who share the same mobile device, in an effort to earn referral bonuses or credit(s);
12. make false or misleading claims about Clip the Deal's referral program or any other incentive program created by Clip the Deal;
13. impersonate any person or entity, falsely claim an affiliation with any person or entity, create multiple accounts or access the Service accounts of others without permission, forge another person's digital signature, misrepresent the source, identity, or content of information transmitted via the Service, or perform any other similar fraudulent activity;
14. delete the copyright or other proprietary rights on the Service or any User Content;
15. make unsolicited offers, advertisements, proposals, or send junk mail or spam to other users of the Service. This includes, but is not limited to, unsolicited advertising, promotional materials, or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, and petitions for signatures;
16. use the Service for any illegal purpose, or in violation of any local, state, national, or international law, including, without limitation, laws governing intellectual property and other proprietary rights, and data protection and privacy, or the collection, storage, transmission, or access of educational records;
17. defame, harass, abuse, threaten or defraud users of the Service, or collect, or attempt to collect, personal information about users or third parties without their consent,
18. use the Service for any commercial purpose other than the internal business purposes of maintaining and administering records without our consent;
19. attempt to reproduce, sell, or otherwise transfer Partner samples, gift cards, or online coupon codes in any manner
20. remove, circumvent, disable, damage or otherwise interfere with security-related features of the Service or User Content, features that prevent or restrict use or copying of any content accessible through the Service, or features that enforce limitations on the use of the Service or User Content;
21. reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Service or any part thereof (including any App), except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation;
22. modify, adapt, translate or create derivative works based upon the Service or any part thereof, except and only to the extent the foregoing restriction is expressly prohibited by applicable law; or
23. intentionally interfere with or damage operation of the Service or any user's enjoyment of it, by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code.
If the Software you use allows for the transfer and/or syncing of content and/or data provided or made available, including location or shopping list data, you understand and accept that by activating the applicable Software feature, it will require that Auris capture, collect, transmit, store, and use such content and/or data.
THE PORTAL (WHICH INCLUDES ALL SERVICES, SOFTWARE, AND CONTENT ON OR AVAILABLE THROUGH IT) IS PROVIDED ON AN AS IS AND AS AVAILABLE BASIS. AURIS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. FURTHER, AURIS MAKES NO WARRANTY THAT: (A) THE PORTAL, WILL MEET YOUR REQUIREMENTS; (B) THE PORTAL WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (C) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE PORTAL WILL BE ACCURATE, TIMELY, OR RELIABLE; OR (D) THE QUALITY OF THE PORTAL WILL MEET YOUR EXPECTATIONS. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE PORTAL AND ANY THIRD PARTY PORTAL. AURIS SHALL HAVE NO RESPONSIBILITY OR LIABILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM YOUR USE OF THE PORTAL OR ANY THIRD PARTY PORTAL.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PORTAL, SERVICE OR SOFTWARE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
LIMITATION OF LIABILITY
IN NO EVENT SHALL AURIS, ITS PARTNERS AND ITS LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA OR USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, ARISING FROM YOUR ACCESS TO, OR USE OF, OR INABILITY TO USE THE PORTAL OR ANY SERVICES, SOFTWARE, OR CONTENT PROVIDED ON OR THROUGH THE PORTAL, EVEN IF AURIS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. NOTWITHSTANDING THE FOREGOING, THE TOTAL LIABILITY OF AURIS AND ITS LICENSORS, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING,
WITHOUT LIMITATION, NEGLIGENCE), PRODUCT LIABILITY, STRICT LIABILITY OR ANY OTHER THEORY, ASSOCIATED WITH ANY CLAIM ARISING OUT OF OR RELATING TO USE OR ACCESS TO THE PORTAL FOR ANY REASON WHATSOEVER SHALL BE LIMITED TO THE COST OF ACCESSING THE PORTAL, IF ANY.
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OR EXCLUSION OF CERTAIN WARRANTIES OR THE DISCLAIMER OR EXCLUSION OF CERTAIN
You agree to defend, indemnify and hold Auris and its officers, directors, employees, agents and affiliates harmless from any and all third-party claims, proceedings, damages, injuries, liabilities, losses, costs and expenses (including reasonable attorneys’ fees and litigation expenses), arising out of or relating to your use of the Portal.
Auris has the right, but not the obligation, to monitor any activity on the Portal. Auris may, without notice to you: (a) disclose information from the Portal to any third party including law enforcement agencies, to protect its rights and property in response to legal process, or in agood faith belief that disclosure is justified or required, or in an emergency situation; (b) investigate any reported violation of its policies and complaints, and take any action it deems appropriate at any time, including without limitation, suspension or termination of your account and/or access to and/or use of the Portal; and (c) in its sole discretion and at any time, discontinue providing or limit access to the Portal or any areas of the Portal.
GOVERNING LAW; DISPUTE RESOLUTION
COMPLIANCE WITH LAWS
You agree not to use the Portal in violation of any applicable law, rule, or regulation or any third party right (including but not limited to intellectual property rights). You agree to comply with all export laws, restrictions, and regulations of the United Arab Emirates. We will not trade with or provide any services to OFAC and sanctioned countries.
The portal earns a commission from the sales generated for the sellers on the portal. The commission charged is dependent on the category of the product sold and product lifecycle amongst other things and is mutually agreed with the sellers. There is no listing or fixed subscription fees charged to the sellers. All fees, commissions and charges are subject to change at the discretion of the portal with a 30-day notification for the sellers and will be communicated to the sellers via email.
PAYMENT METHODS / CREDITWORTHINESS
You can choose from the following ways of paying on delivery, depending on the products,the means of dispatch and as per technical availability: * Credit card reader on delivery * Cash on delivery * Online payment We accept payments online in AED using Visa, MasterCard credit or debit card in the currency of the country where the User is located at the time of ordering. If you make a payment for our products or services on our website or application, the details you are asked to submit will be provided directly to our payment provider via a secured connection. The cardholder must retain a copy of transaction records and Merchant policies and rules. The User can select which payment method is preferred. The payment methods available are displayed for selection when the order is finalized. If for any reason the online payment transaction is declined, Auris is entitled, at its soles discretion, to offer the User cash on
delivery payment option or credit card reader on delivery where available. User is responsible for maintaining the confidentiality of his account. In the event that you have paid for an order with Apple Pay, Samsung Pay or another wallet and such payment fails to process, you authorize Auris to charge the order in any authorized credit card you may have on our platform.
The User shall receive a payment confirmation to their registered Mobile number and Email address within 1 hour of payment.
Delivery And Shipping Policy
Our aim at Auris Business Ventures FZCO is to provide our customers with the next daydelivery service within UAE. If an order is placed by 1pm (“Cutoff time”), you may receive your order the following day. In certain cases, like National Holiday, Eid or any event outside the coverage of thenext day delivery schedule may not work. Therefore, if youchoose the morning slot for the same day, your order will automatically be put on the next day delivery schedule, However, your order will only be delivered to you between 14h00 to 21h00.Therefore, if you choose the morning slot for the same day, your order will automatically be put on the next day delivery schedule, (Exception for religious Holiday Eid & UAE National Day). It is the responsibility of the customer to send a complete and correct delivery address and contact number along with any specific instructions in the order note box on the check out page. Products will be delivered directly to the delivery address specified by the User. Deliveries are performed either by the personal delivery service, by a delivery partner, or by portal delivery team, depending on the nature of the goods and the delivery location. Goods will be delivered to the front door of private residences (as far as accessible) and to the reception desk of business Users. We will try our best to follow the customers' instructions however this cannot always be possible due to a tight delivery schedule. If you have given an incomplete address and incorrect contact number we will not be accountable for any delay. We suggest that our customers are contactable on WhatsApp and if this number is different to the one listed on their order to inform us to avoid any confusion for the driver and to avoid any delay on their delivery. A notification will be sent by email to the customers where they will be able to track them. Order, detailing the drivers name, contact number, pick up order, on the way order and estimated time of arrival. This is only an approximate time due to different circumstances, weather, traffic, etc. Delivery Fees and Delivery Date will be displayed to you on the checkout page before you place the order. Delivery Delays:
if our supply of the product is delayed by an event outside of our control, then we will contact you as soon as possible to let you know and we will take steps to minimize theeffect of the delay; Portal will not be responsible to provide any additional compensation
if no one is available at your address to take delivery and the products cannot be posted through your letterbox, we will notify you of how to rearrange delivery or collect the product;
if you do not collect the product from us as arranged or if, after a failed delivery to you, youdo not rearrange delivery or collect them from a delivery depot, we will contact you for further instructions.
If, despite our reasonable efforts, we are unable to contact you or rearrange delivery or collection, we will cancel your order. In this case, there will be no refund or compensation of any kind provided.
The delivery fees payable shall be adjusted against the ‘Wallet Points” balance subject to the upper limit specified by Auris which may be changed from time to time at the discretion of Auris.
Cancellation & Refund Policy
The Users are entitled to cancellation of a successful order within 1 hour of order placement and shall provide the reason for the same. In case there is a delay in delivery, for either full or partialorder, by 1 full working day or more, customer may request for the pending order to be cancelled. In case of online payment, the amount will be reflected as Shop Credits by
portal at the soonest possible post the cancellation of the order. Payment refunds, if requested and approved, will be made onto the original mode of payment will be processed within 10 to 45 days depends on the issuing bank of the credit card. In case of Cash on Delivery (COD) payment, refund will be processed as Shop Credits only.
Portal Replacement & Return Policy
Items shipped from the orders placed via portal can be replaced within 2 days of receipt of shipment in the following cases only:
Wrong products are delivered
Products have expired
In case the replacement product is not available, portal may accept the return of the said products and issue Shop Credits equivalent to the amount of the said items Replacement and Returns will be processed only if: The product is not damaged. The product is not different from what was shipped to you. The product is returned in the same condition as when it was received (with the original brand /manufacturer box or packaging, and, if applicable, any user manual, warranty card and all accessories) After the courier has received your item, it can take up to two weeks for us to receive and process your return. It may take up to three weeks for Marketplace Seller orders. Payment refunds, if requested and approved, will be made onto the original mode of payment will beprocessed within 10 to 45 days depends on the issuing bank of the credit card. In case of Cash on Delivery (COD) payment, refund will be processed as Shop Credits only. Some products may have different policies or requirements associated with them which will be shared in the Product Description. If not specified in the Product description, the item will default to the Portal Return Policy.
Seller Return Policy
When you order from a marketplace seller who fulfils and ships their own inventory (also called a third-party seller), the sell may receive your return directly. While sellers offer a return policy at least equivalent to that of the portal, some sellers may offer more favorable returns policies. Toreturn an item you ordered from a seller, you can view the return policy of the seller before you purchase an item under Product Description. If not specified in the Product description, the order will default to the Portal Return Policy. Marketplace sellers must either provide a return address within the United Arab Emirates, provide a prepaid return label, or offer a full refund without requesting the item to be returned to the portal to help process the returns.
All material on this Portal (collectively Copyright Material) is protected by copyright unless otherwise noted and may not be used except as permitted in these Terms and Conditions or in the text on the Portal, and is protected under the law.