Terms & Conditions

1. User Agreement

Introduction

1.1 This website is owned and operated by Benefit Wellness Technology LLC (“Benefit Wellness”) and is a directory website to provide information about our company and services offered through the Benefit Wellness mobile application. By enrolling into the Benefit Wellness mobile application, visiting our website and/or accessing the information, resources, services, products, and tools (“Resources”) we provide, you understand and agree to accept and adhere to the following terms and conditions as stated herein, as may be amended from time to time (hereafter referred to as “User Agreement”).

1.2 This User Agreement is in effect as of 1 April 2017.We reserve the right to change this User Agreement from time to time without notice. You acknowledge and agree that it is your responsibility to review this User Agreement periodically to familiarize yourself with any modifications. The changes, alterations or modifications are applicable starting from the date they are valid, despite the member not receiving a notification letter about these changes or alterations. Your continued use of this site and/or the mobile application after such modifications will constitute acknowledgment and agreement of the modified terms and conditions. In the event of any conflict related to this User Agreement, the decision of Benefit Wellness will be final, compulsory, and decisive. The member confirms that he/she has read carefully and understood the details of this User Agreement. In the event of any discrepancy between the English text of this User Agreement and the Arabic translation of it, the English text will be considered definitive.

2. Terms and conditions

2.1 Membership

Membership of the Benefit Wellness mobile application is available for any qualifying persons who are 18 years of age and above. We reserve the right to refuse or terminate any person’s membership in our sole discretion. Membership is available to contracted companies’ employees, financial product customers, healthcare customers on a paid subscription basis. All subscribers must provide a unique and valid email address to enroll which must correlate to the specific group of the applicable contracted company.  The subscriber’s email address along with private password will be their identification to access the Benefit platform. A subscriber may not transfer their profile to any other user. Benefit Wellness reserves the right to terminate a subscription in breach of this User Agreement.

2.2 Earning Points

Only fully registered Benefit members may earn points and rewards on the achievement of goals.  The number of goals, points and rewards earned are defined and limited according to program guidelines. Points and rewards earned are credited into the subscribers account and subject to expiry within a specified date. Benefit Wellness reserves the right to change the goal definitions, points earning and rewards and points expiry date at any time without prior notice.

2.3 Redeeming Points

Points are non-transferable. Points cannot be exchanged for cash. Benefit Wellness reserves the right to change the redemption options for members and number of points required for redemption at any time without prior notice.

3. Responsible Use and Conduct

3.1 By visiting our website, downloading the Benefit Wellness mobile application and accessing the Resources’, you agree to use these Resources only for the purposes intended as permitted by (a) the terms of this User Agreement, and (b) applicable laws, regulations and generally accepted online practices or guidelines.

3.2 Wherein, you understand that:

In order to access our Resources, you may be required to provide certain information about yourself (such as identification, contact details, health status, employment status, banking and credit card details etc.) as part of the registration process, or as part of your ability to use the Resources. You agree that any information you provide will always be accurate, correct, and up to date. You are responsible for maintaining the confidentiality of any login information associated with any account you use to access our Resources. Accordingly, you are responsible for all activities that occur under your account/s. Accessing (or attempting to access) any of our Resources by any means other than through the means we provide, is strictly prohibited. You specifically agree not to access (or attempt to access) any of our Resources through any automated, unethical or unconventional means. Engaging in any activity that disrupts or interferes with our Resources, including the servers and/or networks to which our Resources are located or connected, is strictly prohibited.

Attempting to copy, duplicate, reproduce, sell, trade, or resell our Resources is strictly prohibited. You are solely responsible any consequences, losses, or damages that we may directly or indirectly incur or suffer due to any unauthorized activities conducted by you, as explained above, and may incur criminal or civil liability. We may provide various open communication tools on our website and mobile application, such as blog comments, blog posts, chat functionality, forums, message boards, newsgroups, product ratings and reviews, various social media services, etc. You understand that generally we do not pre-screen or monitor the content posted by users of these various communication tools, which means that if you choose to use these tools to submit any type of content to our website or mobile application, then it is your personal responsibility to use these tools in a responsible and ethical manner. By posting information or otherwise using any open communication tools as mentioned, you agree that you will not upload, post, share, or otherwise distribute any content that:

Is illegal, threatening, defamatory, abusive, harassing, degrading, intimidating, fraudulent, deceptive, invasive, racist, immoral, pornographic, religious in nature, or contains any type of suggestive, inappropriate, or explicit language; Infringes on any trademark, patent, trade secret, copyright, intellectual property or other proprietary right of any party. iii. Contains any type of unauthorized or unsolicited advertising;

Impersonates any person or entity, including any Benefit Wellness employees or representatives.

3.3 We have the right at our sole discretion to remove any content that, we feel in our judgment does not comply with this User Agreement, along with any content that we feel is otherwise offensive, harmful, objectionable, inaccurate, or violates any third party copyrights or trademarks. We are not responsible for any delay or failure in removing such content. If you post content that we choose to remove, you hereby consent to such removal, and consent to waive any claim against us.

3.4 We do not assume any liability for any content posted by you or any other third party users of our website or mobile application. However, any content posted by you using any open communication tools on our website or mobile application, provided that it doesn’t violate or infringe on any third party copyrights or trademarks, becomes the property of Benefit Wellness, and as such, gives us a perpetual, irrevocable, worldwide, royalty-free, exclusive license to reproduce, modify, adapt, translate, publish, publicly display and/or distribute as we see fit. This only refers and applies to content posted via open communication tools as described, and does not refer to information that is provided as part of the registration process, necessary in order to use our Resources.

Liability

4.1 You agree to indemnify and hold harmless Benefit Wellness and its shareholders, parent company and affiliates, and their directors, officers, managers, employees, donors, agents, and licensors, from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of this User Agreement or the failure to fulfill any obligations relating to your account incurred by you or any other person using your account. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this User Agreement. In such event, you shall provide us with such cooperation as is reasonably requested by us.

4.2 By using our website and/or mobile application, you understand and agree that all Resources we provide are “as is” and “as available”. This means that we do not represent or warrant to you that:

the use of our Resources will meet your needs or requirements, the use of our Resources will be uninterrupted, timely, secure or free from errors, the information obtained by using our Resources will be accurate or reliable, and/or any defects in the operation or functionality of any Resources we provide will be repaired or corrected.

4.3 Furthermore, you understand and agree that: any content downloaded or otherwise obtained through the use of our Resources is done at your own discretion and risk, and that you are solely responsible for any damage to your computer or other devices for any loss of data that may result from the download of such content, and no information or advice, whether expressed, implied, oral or written, obtained by you from Benefit Wellness or through any Resources we provide shall create any warranty, guarantee, or conditions of any kind, except for those expressly outlined in this User Agreement.

4.4 Benefit Wellness does not take any responsibility, and shall not liable, for any cost, expense, loss, damage, injury (whether mental, physical or otherwise) or loss of life caused either by the use of the Benefit Wellness mobile application mentioned on this website, or by third parties engaged by you through and by way of use of our site or mobile application. Without limiting the generality of the aforegoing, you specifically in addition acknowledge that by accessing and using Wellness Professionals and Personal Training services, and/or Healthy Food services through the Benefit Wellness mobile application or website, you are accessing a third party and Benefit Wellness shall not be responsible for any cost, expense, loss, damage, injury (whether mental, physical or otherwise) or loss of life caused by the use of these services.

4.5 You agree that any financial transaction made through the Benefit mobile application for services offered by any third party are accountable to the third party service provider and discrepancies are between the service provider and the subscriber, whereas, Benefit Wellness will not be held responsible for any financial related transaction discrepancies, disagreements or disputes, and any and all damages, expenses or loss caused to you as a result of your conduction such a financial transaction.

4.6 Benefit Wellness EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

4.7 In conjunction with the limitation of warranties as explained above, you expressly understand and agree that any claim against us shall be limited to the amount you paid to Benefit Wellness, if any, for use of our products and/or services. Benefit Wellness will not be liable for any direct, indirect, incidental, consequential or exemplary loss or damages which may be incurred by you as a result of using our site, mobile application and/or Resources, or as a result of any changes, data loss or corruption, cancellation, loss of access, or downtime to the full extent that applicable limitation of liability laws apply.

Copyrights/Trademarks

All content and materials available on the Benefit Wellness website and Benefit Wellness mobile application including but not limited to text, graphics, website name, code, images and logos are the intellectual property of Benefit Wellness. and are protected by applicable copyright and trademark law. Any inappropriate use, including but not limited to the reproduction, distribution, display or transmission of any content on the Benefit Wellness website and Benefit Wellness mobile application platform is strictly prohibited, unless specifically authorized in writing by Benefit Wellness.

Termination of Use

You agree that we may, at our sole discretion, suspend or terminate your access to all or part of our website and mobile application and Resources with or without notice and for any reason, including, without limitation, breach of this User Agreement. Any suspected illegal, fraudulent or abusive activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities. Upon suspension or termination, your right to use the Resources we provide will immediately cease, and we reserve the right to remove or delete any information that you may have on file with us, including any account or login information.

Collection and Use of Personal Information

7.1 Users of the Benefit Wellness mobile application or website have the option to provide certain personal information. This personal information may be required in order to receive services and administration of your incentive based wellness program. We also collect certain personally identifiable information and mobile usage data from our users at different places and various activities as well as physical activity data within our mobile application. Our definition of personally identifiable information includes any information that may be used to specifically identify or contact you, such as your name, mail address, telephone number, etc. Certain information may not be personally identifiable when standing alone (e.g., your age), but may become so when combined with other information (e.g., your age and address). By providing such information, you are agreeing that Benefit Wellness may store, process and review such information. We may use this personal information for the purposes for which it was collected.

7.2 We may use the voluntarily provided contact information to notify mobile application users of updates, products, services or upcoming events. Benefit mobile app users who do not wish to receive such in application notifications or email notifications can choose to opt out of receiving such information. It is our policy that email messages will contain an “unsubscribe” feature, along with instructions on how to execute the unsubscribe function.

7.3 We recognize that when website users choose to provide personal information, they trust that we will protect their privacy and will provide them with choices about how that information is shared. Benefit Wellness will not sell, trade or rent the personal information that you provide unless required to do so by law.

7.4 There are instances in which Benefit Wellness may disclose your personal information to our agents, third-party partners, affiliates and subsidiaries to enable them to perform functions on our behalf. These business functions may include order or service fulfillment, email campaign provider, and/or credit card processing service. These companies are only permitted to share, store and/or use personal information for contracted business purposes.

7.5 Benefit Wellness may also share with your employer or plan sponsor offering Benefit Wellness the minimum necessary information for your employer to administer your incentives. Such information may include, but is not limited to your Benefit Status (such as Blue, Silver or Gold), or your Wellness age progress. Benefit Wellness will share information needed for plan administration, such as building factual reports to negotiated insurance premium discounts, reduced health club fees, or other relevant services or offerings. With your consent, Benefit Wellness may share more detailed information with your administrator in support of the administration of employee benefit structure. Agreeing to these terms and conditions is expressing your approval the authorization of the points within this privacy policy.

7.6 We may share your personal information when we believe that such action is necessary to:

fulfill an enforceable government request, conform with the requirements of the law or legal process,
protect or defend our legal rights or property, the Benefit Wellness mobile application and/or website, or other users, and/or
protect your health and safety of your or other Benefit Wellness customers or the general public.


7.7 Subject to certain exceptions, users of the Benefit Wellness mobile application have the ability to access, correct, or delete information about themselves that Benefit Wellness holds.

7.8 Third parties services  are available through or necessary for registration purpose for the Benefit mobile application or in order to provide users and benefit administrators with additional useful information and services. Links that may take you out of app are clearly labeled. Benefit Wellness is not responsible for the privacy policies of such third parties or actions of such third parties. We encourage you to look for and review the privacy policies of any website, products or services affiliated with the registration or use of Benefit Wellness mobile application or website. You may see both the Benefit Wellness logo and the third party’s logo on the Benefit Wellness mobile application and website and additionally on the third party websites. Users of these websites should be aware of who is collecting personal information and whose Internet Privacy Statement applies before providing personal information. Benefit Wellness does not have control over third parties’ use of your information.

7.9 Benefit Wellness commits to resolve complaints about personal privacy and the collection and/or use of personal information. If you have questions or concerns about your privacy or the privacy practices of Benefit Wellness, please contact us on: contact@benefitwellness.com

7.10 Reports created using the information of Benefit Wellness mobile application users will provide us with a better understanding of the use of our technology services. Please note that some parts of the Benefit Wellness application may not function properly or be available to you if you refuse to accept the terms and conditions. To gauge the effectiveness of our application, we may collect non-personal information about our users. This information may include, among other things, your: mobile service provider (MSP). We use this information, which does not identify individual users, but to analyze and gather customer demographic information base as a whole. We do not link this automatically collected data to personal information.

7.11 Information that you share through registering and using our application is kept strictly confidential and fully secure. Your encrypted (encoded) information is protected using “Secure Socket Layers (SSL)” We follow generally accepted industry standards to protect the personal information submitted to us, both during transmission and once we receive it.
No method of transmission over the Internet, or method of electronic storage, is 100% secure, however. Therefore, while we strive to use commercially acceptable means to protect your personal information, we cannot guarantee its absolute security. Only authorized persons are permitted to access your personal information. All authorized persons must abide by security, privacy, and confidentiality agreements, rules and laws.

Questions or comments
If you send questions or comments to an email address listed within our application or via a contact form located within our website, we will share your correspondence with a Benefit Wellness associate most capable of addressing your questions and concerns. We will retain your communications until we have done our very best to provide you with a complete and satisfactory response. All information and correspondence you share with us will be handled in the strictest confidence. We may agree that email has become a standard communication tool used by many different parties. Unfortunately, by design standard Internet email is not secure. For that reason, please do not use unsecured email to communicate information to us that you may consider to be confidential. Governing Law 9.1 The Benefit Wellness website and mobile application are controlled by Benefit Wellness. The Benefit Wellness website can be accessed by most countries around the world. By accessing our website, you agree that the statutes and laws of the England and Wales, without regard to the conflict of laws and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of this website and the purchase of any products or services through this site.

9.2 Furthermore, any action to enforce this User Agreement shall be brought in the courts of the Dubai International Financial Centre. You hereby agree to personal jurisdiction by such courts, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.