Please read the terms contained in this agreement (hereinafter referred to as the “Terms of Use”, “User Agreement” or “Agreement”) carefully before using our site www.seniorsfirst.ae (hereinafter referred to as the “Website” or “Site”) or its mobile application SeniorsFirst (hereinafter referred to as “Application” or “App”). This Agreement sets out legally binding terms of use between the user of this App and the Website (hereinafter referred to as “Seniors First”). By accessing and/or using the Site and the App the User acknowledges that he/she has read understood and agree to be legally bound by the terms and conditions set forth in this document. If you do not agree to abide by this User Agreement, you are not permitted to access or use the Site / App. All text, graphics, design, content, and other works are copyrighted works of Seniors First. Seniors First acknowledges the proprietary rights of third parties displayed on the Site and App.

For purpose of this Agreement the terms “we”, “us” or “our”, refer to the App. When you use the service available on the Site or the App, you consent to our collection, use, and disclosure of information about you as described both in this Agreement and Privacy Policy displayed on the App. By accessing or using the product, customer agrees to the terms and conditions of this Agreement. If the individual accepting the terms and conditions of this Agreement is accepting on behalf of a company, other legal entity, or other legal person such individual represents that they have the authority to bind such entity or individual to this Agreement. If the Customer does not agree to the terms and conditions of this Agreement, do not access or use the product and Services.

1. Definitions
2. “Customer” means the person, company or other legal entity to which the invoice is addressed.
3. Mobile Application is a software application developed specifically for use on small, wireless computing devices, such as smartphones and tablets, rather than desktop or laptop computers.
4. “Confidential Information” means each party’s confidential information disclosed by that party to the other for use in the services and identified as confidential before or at the time of disclosure or which may reasonably be supposed to be confidential from the nature of the information and the manner of its disclosure.
5. “Deliverable” means i. each deliverable to be delivered by Seniors First to the customer, if any; and ii. any and all technical information, data and test results and findings generated by Seniors First in the course of performing the services; but in each case, excluding the Seniors First tools and background.
6. “Effective Date” means the date Seniors First commences work on the services.
7. “User” means Customers, caregivers of customers, its permitted affiliates’ employees, contractors, and similar personnel authorized by the Client or its affiliates to access and use the Product and Services on their behalf.

2. License to Use

In order to use the App you must register as a User (“Subscriber” or “User”). Even if you do not register you will still be permitted to use the Site and the App without access to notifications about future promotions, subject to compliance with this Agreement.

Subject to these terms, Seniors First grants User a personal, non-exclusive, non-transferable, non-sharable, non-sublicensable, revocable, limited license to download, display and use the app, including text, graphics, images, photographs, video, data, displays, illustrations, and other content associated with the Seniors First app (including the software in connection with the app) solely for your personal, non-commercial use in connection with the services.

3. Prohibited Conduct

You agree to use the App in accordance with these terms and applicable laws and regulations. You will not violate any applicable law, contract, intellectual property or other third party right or commit a tort, and you are solely responsible or your conduct while accessing or using the app. In connection with your use of the app and the services, you will not –

• Engage in any harassing, threatening, intimidating, predatory or stalking conduct.
• Impersonate another person or log into an account which you are not authorized to access.
• Use or attempt to use another User’s account without authorization from that User and Seniors First.
• Use the App in any manner that could interfere with, disrupt, negatively affect or inhibit other User from fully enjoying use of the App and the services or that could damage, disable, or impair the functioning of the App and the services in any manner, including with respect to Senior First’s network or network security.
• Interfere or attempt to interfere with service or any User, host or network, including by way of introducing a virus, overloading, flooding or crashing or sending unsolicited e-mail, promotions or advertisements.
• Reverse engineer, decompile or disassemble any aspect of the App or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any part of the app; or
• Develop or use any third-party applications that interact with the app or services without prior written consent including any scripts designed to scrape or extract data from the App.

User may view, download and copy information and materials available on the App solely for your own personal, non-commercial use. Even though Seniors First does everything in its hand to protect both your information and financial transaction details, the App is not liable for any fraud, theft or financial misdemeanor that may occur as a result of your financial transactions on our App.

4. Right to Terminate Accounts

Either party may terminate this agreement immediately, without further obligation to the other part, in the event of material breach of this agreement by the other party that is not remedied within thirty (30) days after receipt of written notice of such breach. The parties may terminate this agreement at any time upon their mutual written agreement.

Effect of termination: Upon expiration or termination of this agreement for any reason, licensee acknowledges and agrees that its access to the licensed materials maybe automatically terminated, all passwords and individual accounts removed, ad all information that has been uploaded on Seniors First’s systems by Licensee destroyed. Upon expiration or termination of this agreement for any reason, unless otherwise provided herein, Licensee agrees to destroy any and all copies of licensed materials and any information it has obtained from the licensed materials, whether in hard copy or electronic form.

Termination by Seniors First: If this agreement is terminated by Seniors First due to a material breach by licensee, all subscription fees payable to be paid to Seniors First from the remainder of the then-current term shall be immediately due and payable to Seniors First, and licensee shall promptly remit all such fees to Seniors First.

Termination by User: If this Agreement is terminated by the User due to an uncured material breach by Seniors First, Seniors First shall promptly refund the pro-rata amount of any pre-paid subscription fees attributable to periods after the date of such termination.

5. How a User can Cancel/Terminate an Account

Cancellation at all times- A User may cancel his/her account anytime by sending an email to seniorsfirstuae@gmail.com. You acknowledge that membership fees are not refundable in full. Cancellation will be effective within three working days and your account will be downgraded to enable access to and use of the basic services only.

6. Ownership of Your Content

Seniors First  are the owner or the licensee of all intellectual property rights in the App, and in the material published on it, including all improvements, enhancements, modifications, derivative works, logos, and trademarks. Those works ae protected by copyright laws and treaties around the world. All such rights are reserved. In accessing the platform you agree that you will access its contents and use the services solely for your personal, non-commercial use. The platform, including parts of it, may not be downloaded, copied, reproduced, transmitted, stored, sold or distributed without the prior written consent of the copyright holder. This excludes the downloading, copying and/or printing of pages of the platform for personal, non-commercial home use only.

7. User Generated Content

Seniors First does not claim ownership of any content a User posts, uploads or submits to any publicly accessible area of the platform. However, by doing so you are granting Seniors First a worldwide, royalty-free, sub-licensable, non-exclusive license to copy, distribute, transmit, reproduce, publicly display, edit, translate or publish such content on the platform. The license shall be terminated when such content is deleted from the platform by either party. With User’s permission, Seniors First may also use your content in other types of media including social media platforms, for promotional purposes.

8. Payment Details

• If a User is using a free version of one of our services, it is really free; we do not ask you for your credit card and just like for customers who pay for our services, we do not sell your data.
• For paid services that offer a free trial, we explain the length of trial when you sign up. After the trial period, you need to pay in advance to keep using the app. If you do not pay, we will freeze your account and it will be inaccessible until you make payment. If your account has been frozen for a while, we will queue it up for auto-cancellation. See our cancellation policy for more details.
• If you are upgrading from a free plan to a paid plan, we will charge your card immediately and your billing cycle starts from the day of upgrade. For further upgrades or downgrades in plan level, the new rates start from the next billing cycle.
• All fees are exclusive of all taxes, levies or duties levied by taxing authorities. Where required we will collect those taxes on behalf of the taxing authority and remit those taxes to the taxing authorities. Otherwise, you are responsible for payment of all taxes, levies or duties.
• We process refunds according to our fair Return and Refund Policy.

Renewal and Cancellation: with exception of paid subscriptions for a pre –paid period, your payment to Seniors First or the third party through which you purchased the paid subscription will automatically renew at the end of the applicable subscription period, unless you cancel your paid subscription before the end of the then-current subscription period. Contact us at seniorsfirstuae@gmail.com for cancelling your subscription. The cancellation will take effect the day after the last day the current subscription period, and you will be downgraded to the free version of Seniors First app. We do not provide refunds or credits for any partial subscription periods, except as expressly stated in these terms.

9. Return and Refund: Items shipped from Seniors First can be returned within 15 days of receipt of shipment in most cases. Some products have different policies or requirements associated with them.

After the courier has received your item, it can take up to one week for us to receive and process your return. It may take up to two weeks for Marketplace Seller orders. After the return is processed it may take 5 to 7 business days for the refund to show on your payment card statement.

Seller Return Policy

When you order from a marketplace seller who fulfills and ships their own inventory (also called a third-party seller), the seller will receive your return instead of Seniors First. While most sellers offer a returns policy equivalent to that of Seniors First, some seller returns policies may vary. To return an item you ordered from a seller, you can view the return policy of the seller before you purchase an item under Returns and Refunds Policy section of the Seller profile page. If not specified in the Seller’s Returns and Refunds policy, the order will default to a 15 days return policy.

10. Right to Update or Modify Terms

We reserve the right to modify, update or totally change this Terms of Use at any time without notice. Please check the Terms of Use periodically for any changes. Your continued use of the service after the changes become effective constitutes your binding acceptance of such changes. In the event that a change materially modifies your rights or obligations, we will make an effort to notify you of the change, such as by sending you an email to the address we have on file for you, or presenting a pop-up window or other notification to you through the service when you log in. immaterial modifications are effective upon publication, and material changes will be effective upon the earlier of a) continued use of the service with actual knowledge of the modification, or b) thirty (30) days following the change. For the avoidance of doubt, disputes arising hereunder will be resolved in accordance with the terms in effect that the time the dispute arose.

11. Disclaimer of Warranty and Liabilities

The service is provided “AS IS” and on an “AS AVAILABLE” basis without warranty or condition of any kind, either express or implied, the Seniors First entities specifically (but without limitation) disclaim i) any implied warranties or merchantability, fitness for a particular purpose, quiet enjoyment or non-infringement ii) any warranties arising out of course-of-dealing, usage or trade  iii) any warranties that the information or the results provided in, or that may be obtained from use of the service will meet your requirements or be accurate, reliable, complete or up-to-date iv) any warranties whatsoever regarding any products, services information or other material advertised, made available or referred to you through the service. Neither Seniors First its affiliates nor any of its respective employees, agents, service providers, third-party agents warrant that Seniors First’s Services will be uninterrupted, fault or error-free. You assume all risk for all damages including damage to your computer system, mobile device or loss of data that may result from your use of or access to the service. Any content, materials, information of software downloaded used or otherwise obtained through the use of the service is done at your own discretion and risk.

Some jurisdictions do not allow the exclusion of certain warranties in some circumstances. Accordingly, some of the above limitations may not apply to you. In no event will either party be liable for any indirect, consequential, incidental, special, punitive, exemplary damages, or any loss of revenues, business, profits (in each case whether direct or indirect), or data loss or corruption in connection with this Agreement or the Services, even if the damages were foreseeable or a party had been advised of the possibility of those damages.

In no event will the aggregate liability of either party for direct damages arising out of or related to this Agreement or the product exceed the total amount paid or payable by User to Seniors First, under this Agreement during the applicable subscription term.

The limitation of liability herein will not apply to liability arising from a party’s infringement of the other party’s intellectual property rights, indemnification obligations, or the fraud, gross negligence, or willful misconduct of a party.

The limitations and exclusions of liability in this section 11 apply (a) whether such claims arise under contract, tort (including negligence), equity, statute, or otherwise, and (b) notwithstanding the failure of the essential purpose of any remedy. Nothing in this agreement limits or excludes any liability which cannot be limited or excluded under any applicable law.

Both parties shall indemnify, defend, and hold the other party, and their officers, directors, employees, attorneys, and agents, harmless from and against any and all claims, costs, damages, losses, liabilities, and expenses (including reasonable attorneys’ fees and costs) cause by, or arising out of, or in connection with (i) any claim brought against one party by the other party Personnel; or (ii) any third-party claim alleging that the Deliverables or the Services infringe the Intellectual Property rights of a third party.

12. Governing Law

The terms are governed by the laws of the emirate of Abu Dhabi, United Arab Emirates, without regard to its conflict of laws rules and the laws of the UAE. These laws will apply no matter where in the world you live but if you live outside of the UAE, you may be entitled to the protection of the mandatory consumer protection provisions of your local consumer protection law.