Terms, Conditions, and Membership Agreement
Years of Experience
Terms, Conditions andMembership Agreement
1.1 ROYALVIBE HEALTH LTD, a company with limited liability registered in terms of the company laws of Dubai, having its registered address situated at, Office 1701, 17th Floor, Citadel Tower, Business Bay, Dubai, (hereinafter referred to as “RoyalVibe” for ease of reference).
1.2 Client name, Identity number and residential address as per the signup of the service and product in accordance with this agreement, (hereinafter referred to as “Client” for ease of reference).
1.3 The client confirms that he/she was not subject to any coercion or inducement as to the manner in which it exercised that freedom of choice.
2.1 In this AGREEMENT, unless the context indicates otherwise, the following expressions will bear the following meanings:
2.1.1 “Agreement” means this agreement and the terms and conditions thereto, read together with all schedules and other Annexures attached hereto.
2.1.2 “Business day” means any day excluding a Friday, Saturday, Sunday or recognized public holiday in UAE;
2.1.3 “Commencement date” means the day on which the equipment is dispatched by the company to the member.
2.1.4 “Company” means ROYALVIBE HEALTH Ltd.
2.1.5 “Confidential or Disclosed Information” Means: including, but not limited to, any information of any nature, which may be obtained by either of the Parties from the other, in any form or pursuant to discussions between the Parties, or which can be obtained by examination, testing, visual inspection or analysis; analyses, concepts, compilations, studies and other material prepared by or in possession or control of the recipient which contains or otherwise reflects or is generated from any such information, any information relating any declared dispute between the parties;
2.1.6 “Equipment” means the equipment as identified in this agreement or any other replacement equipment provided to the member by the company (including the equipment/apparatus documents, tools and accessories supplied with the equipment).
2.1.7 “Full contract price” means the estimated contract value as defined in the membership schedule.
2.1.8 “Intellectual Property” means any rights or title to and in, without limitation, trademarks, domain names, copyrights, patents, designs, confidential information, and all proprietary rights in and ownership of any idea, discovery, artwork, design, concept, technique or improvement, industry information, know-how, system, methodology, data model, computer software, computer source code and object code, report, correspondence, documentation, flow chart, data base, table, calculation, spread sheet, schematic plan, photograph, presentation, or invention, (whether patented or not) and any other rights of a similar nature which exist now or will the future exist, and whether registered or not;
2.1.9 “Member” means the company of the equipment/ apparatus, as indicated in this agreement;
2.1.10 “Membership” means the service and lease of equipment that remains the property of the company.
2.1.11 “Membership Period” means the period between the date when the equipment is provided to the member and the termination date and time as specified in the membership schedule or, if such period is amended, the time and date of the amendment.
2.1.12 “Membership Schedule” means the schedule with regards to payment plan/s selected and monthly/annual contribution for lease of service and equipment from the company as amended from time to time.
2.1.13 “month/s” means a month recorded on the Gregorian Calendar and where month is used to calculate a period, the period will be calculated between the same dates in successive calendar months.
2.1.14 “Leasing” means the company OR lessee makes its products and services available to the lessee at an agreed cost per month/annually (12 month payment plan), upon termination of said contract the equipment leased by the lessee is returned to the possession of the lessor or company in a condition as stipulated within this agreement, failure of which will result in actions outlined in this contract.
2.1.15 “Lessee” means the member who selects a plan at a monthly/annual (12 months) fee utilizing equipment that remains the ownership of the company. Once the agreed leasing period expires the equipment is returned to the possession of the owner, namely the company.
2.1.16 “Lessor” means the company to whom this equipment belongs, and no transferal of ownership is ever given to a member of lessee.
2.1.17 “Parties” means the parties to this Agreement, being RoyalVibe and the client “Party” means either RoyalVibe or the client individually as the case may be;
2.1.18 “Product supplier/supplier” means the entity (CellQuicken) from whom RoyalVibe Health (the company) purchases it products and equipment to lease to the lessee.
2.1.19 “Replacement Cost” is the retail cost attached to leased equipment. The lessee is responsible for this replacement cost due to any damage, loss, harm, or theft be it directly or indirectly, caused by the lessee or by another individual or property. The lessee is responsible for garnering and paying insurance to protect the leased equipment belonging to the company. The lessee indemnifies and hold harmless the company against any loss or damage
2.1.20 “Signature Date” means the date of signature of the last party to this agreement
3.1 In this Agreement:
3.1.1 references to a statutory provision include any subordinate legislation made from time to time under that provision and include that provision as modified or re-enacted from time to time;
3.1.2 words importing any particular gender include the other genders (i.e. the masculine, feminine and neuter genders, as the case may be); the singular includes the plural and vice versa; and natural persons include artificial persons and vice versa;
3.1.3 references to a “person” include a natural person, company, close corporation or any other juristic person or other corporate entity, a charity, trust, partnership, joint venture, syndicate, or any other association of persons;
3.1.4 References to a “subsidiary” or a “holding company” shall be references to a subsidiary or holding company;
3.1.5 if a definition imposes substantive rights and obligations on a Party, such rights and obligations shall be given effect to and shall be enforceable, notwithstanding that they are contained in a definition;
3.1.6 any definition, wherever it appears in this Agreement, shall bear the same meaning and apply throughout this Agreement unless otherwise stated or inconsistent with the context in which it appears;
3.1.7 if there is any conflict between any definitions in this Agreement then, for purposes of interpreting any clause of the Agreement or paragraph of any Annexure, the definition appearing in that clause or paragraph shall prevail over any other conflicting definition appearing elsewhere in the Agreement;
3.1.8 where any number of days is prescribed, those days shall be reckoned exclusively of the first and inclusively of the last day unless the last day falls on a day which is not a Business Day, in which event the last day shall be the next succeeding Business Day;
3.1.9 where the day upon or by which any act is required to be performed is not a Business Day, the Parties shall be deemed to have intended such act to be performed upon or by the next succeeding Business Day;
3.1.10 any provision in this Agreement which is or may become illegal, invalid or unenforceable in any jurisdiction affected by this Agreement shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability and shall be treated as having not been written (i.e. pro non scripto) and severed from the balance of this Agreement, without invalidating the remaining provisions of this Agreement or affecting the validity or enforceability of such provision in any other jurisdiction;
3.1.11 the rule of construction that if general words or terms are used in association with specific words or terms which are a species of a particular genus or class, the meaning of the general words or terms shall be restricted to that same class (i.e. the eiusdem generis rule) shall not apply, and whenever the word “including” is used followed by specific examples, such examples shall not be interpreted so as to limit the meaning of any word or term to the same genus or class as the examples given; and
3.1.12 the rule of Construction that the Agreement shall be interpreted against the Party responsible for the drafting or preparation of the Agreement shall not apply.
3.1.13 The expiration or termination of this Agreement shall not affect such of the provisions of this Agreement which are expressly provided to operate after any such expiration or termination, or which of necessity must continue to have effect after such expiration or termination, notwithstanding that the relevant provisions themselves do not provide for this.
3.1.14 Any reference to an enactment is to that enactment as at the date of signature hereof and as amended or re-enacted from time to time.
3.1.15 Expressions defined in this Agreement shall bear the same meanings in schedules or annexures to this Agreement which do not themselves contain their own definitions.
3.1.16 If any provision in a definition or in the preamble is a substantive provision imposing rights or obligations on any party, notwithstanding that it is only in the definition clause, effect shall be given to it as if it were a substantive provision in the body of the agreement.
3.1.17 Where figures are referred to in numbers and in words, if there is any conflict between the two, the words shall prevail.
3.1.18 Except as expressly provided to the contrary herein, each paragraph, clause, term and provision of this Agreement and any portion thereof shall be considered severable and if, for any reason any part of this Agreement is held to be invalid, contrary to, or in conflict with any applicable present or future law or regulation or in terms of a final, binding judgment issued by any Court, it shall not impair the operation of, or have any other affect upon, such other portions of this Agreement as may remain otherwise intelligible, which shall continue to be given full force and effect and bind the parties hereto.
3.1.19 The words “shall” and “will” and “must” used in the context of any obligation or restriction imposed on a party shall have the same meaning.
3.1.20 No provision of this Agreement shall (unless otherwise stipulated) constitute a stipulation for the benefit of any third person (stipulatio alteri) who is not a party to this Agreement.
3.1.21 The use of any expression which is relevant to a process available under United Arab Emirates Law (including “liquidation”, “winding up”, “insolvency” and “judicial management”) shall, if any party to this Agreement is subject to the laws of any other jurisdiction, be interpreted as to include any equivalent or similar process under the law of that other jurisdiction.
4.1 RoyalVibe Health supplies the services and purchases the product from CellQuicken, the product supplier.
4.2 This agreement contains the terms and conditions upon which the client will either rent or purchase the product from RoyalVibe. In terms of the rental agreement to be signed prior to delivery of the product, the product does not change ownership to the member but remains the property of RoyalVibe Health, unless the client opted for the purchase option.
4.3 The efficiency of the product will be determined by using the CellQuicken Sound Recorder and analyser software which will be loaded to the reporting platform on RiskReport.CellQuicken.com.
4.4 The platform will indicate the percentage of improvement and the individual sub-categories will be compared to calculate the improvements.
5. ESSENTIAL TERMS OF THE MEMBERSHIP AGREEMENT.
5.1 The parties, duly authorized thereto, hereby enter into a membership agreement subject to the terms and conditions as set out in this agreement:
6. RENTAL TERMS OF MEMBERSHIP.
6.1 Now wherefore the parties agree that:
6.1.1 The company hereby leases to member who hires on the terms and conditions herein from the commencement date as specified in the membership schedule, the equipment described therein for the membership amount payable (as per the product opted for) and for the membership period stated therein.
6.1.2 The parties agree that the commencement date is the date upon which the client signs up for this agreement. The first payment date shall be the date of signup and thereafter, each and every month at the same date of the following months. In the event that the commencement date is different from the membership due date, then the member will lease the equipment in terms hereof, for a pro-rata membership based on the number of days from the said commencement date to first due date.
6.1.3 The terms and conditions of this agreement shall apply mutates mutandis to each and every equipment schedule which the parties may enter into and the equipment described in any such equipment schedule shall be leased in accordance with the terms of this agreement as if the terms and conditions of this agreement were incorporated in such equipment schedule and the conclusion by the parties of a further equipment schedule shall create a separate agreement in respect of the equipment described in such equipment schedule. Notwithstanding the aforegoing, the breach of any one of the separate agreements as constituted and concluded shall be deemed, at company’s election, to be a breach of any or all agreements effected in terms of this agreement.
6.2 Member acknowledges and warrants that:
6.2.1 The equipment has been or will be purchased by the company at the request of the member and solely for the purpose of leasing the equipment to the member.
6.2.2 The equipment has been selected by the member.
6.2.3 The Company provides a product supplier/supplier warrant and guarantee. The lessee acknowledges the terms and conditions of the warranty and guarantee and accepts liability for the repair or replacement of any equipment should these costs not be covered by the warranty or guarantee.
6.2.4 The warranty and guarantee do not include human error, incorrect usage, damage, destruction, overheating or electricity surges, as well as all other terms and conditions related to the warranty and guarantee when leasing this product and service from the company.
6.2.5 Human error includes the covering of the equipment using any product or material causing the electrical equipment to experience heat damage due to its inability to emit heat.
6.2.6 They will take precautionary measures against electricity spikes that cause electronic damage.
6.2.7 All financial costs due to repair or replacement of equipment caused by any damage, dents, harm, destruction, malfunctioning inflicted by human error, theft or water damage remains the responsibility of the lessee/member.
6.2.8 All warranties implied by common law are expressly excluded.
6.2.9 No representations of any nature whatsoever in connection with the equipment/apparatus are made by or on behalf of company.
6.2.10 Member warrants that it will inspect the equipment and report any defects to the company within 48(Forty-Eight) hours of delivery of the equipment.
6.2.11 All risks including the risk of destruction or loss of the equipment shall pass to member on signature of this agreement. All costs in respect of the delivery and/or collection and/or installation of the equipment shall be paid by member.
6.2.12 Member will deliver and collect leased equipment at their nearest Depo to be couriered. It is at the company’s discretion to decline or assume costs associated with delivery, collection, and courier costs.
6.2.13 Member shall be obliged to take whatever steps as may be necessary to prevent the destruction or loss of the equipment. Member shall acquaint himself/herself with the terms and conditions of any insurance policy issued pursuant to the terms of this agreement and undertakes to do everything that may be necessary to ensure compliance with the terms and conditions of such insurance policy.
6.2.14 Lessee is advised to pursue monthly insurance of equipment at their expense, especially with regards to theft, loss, damage, or electricity spike damage.
6.2.15 Company shall at all times be and remain the owner of the equipment unless the client opted for the purchase option and neither member nor any other person on his/her behalf shall at any stage before or after the expiry of this agreement or after the termination thereof acquire ownership of the equipment.
6.2.16 Member has no authority to order or purchase on behalf of company or to act as an agent for company, except that member shall be deemed to accept the equipment on behalf of company when the equipment is delivered by the supplier to member and member acknowledges that the equipment is delivered by the supplier on behalf of company.
6.2.17 The parties hereby specifically agree that this agreement applies only to the memberships and amounts payable in respect of the equipment as set out herein and the membership schedule and that such memberships and amounts do not include any payments in respect of maintenance and other services of whatever nature. All maintenance and/or repairs shall be done directly by the supplier and the costs shall be burdened by the member. The parties furthermore specifically agree that the non- performance of any of the terms and conditions of any agreement other than an agreement specifically included herein in respect of the equipment, or its maintenance will not be raised as a defense against any claim for the payment of any amount payable in terms of this agreement.
6.2.18 Member shall not be entitled to withhold payment of any amount due hereunder by reason of the late delivery or non-delivery of the equipment or any defect therein or part thereof, nor shall member have any claim against company for any loss or consequential damages suffered by it as a result thereof.
6.2.19 Member shall pay to company the memberships set out in the membership schedule. All such payments or any other payments owing in terms of this agreement shall be made without deduction of any nature.
6.2.20 The member shall not be entitled to withhold payment of any memberships for any reason whatsoever or be entitled to claim any remission of membership in any circumstances.
6.2.21 All payments in terms of this agreement, shall be made without set-off or deduction or withholding of any nature, free of bank or other charges at the company’s address or at such other place as the company or its cessionary/ies may direct in writing
6.2.22 If member fails to affect any payment in terms of this agreement on the due date thereof such overdue amount shall be subject to administrative cost, which includes, but are not limited to interest
6.2.23 Company may appropriate any payments made by or on behalf of member to any indebtedness of whatsoever nature of member to company.
6.2.24 If required by company, member shall complete and deliver to company a banker’s debit order document in such form as company may require or promissory notes or such other money market instruments as called for in payment of future memberships, which shall not be construed or regarded as substituting varying, or novating member’s obligation under the agreement. Notwithstanding the afore going member’s signature hereto constitutes member’s authority to company or his cessionary/ies to draw against member’s bank account wherever it may be, the amounts due in terms of this agreement.
7. DURATION OF LEASE
7.1 The product is subject to a month to month rental; or
7.2 The product is subject to an annual rental period.
7.3 Should the client opt with annual rental agreement, will the client be entitled to a discount amount (deferred payment) as per the monthly instalment amount.
7.4 Member acknowledges that in terms of the Value Added Tax Act (“VAT/GST”), VAT/GST at the prevailing rate as at date of signature hereto has been excluded in each membership. In the event of any change in the rate at which VAT is payable and/or in the amount of VAT/GST payable in respect of the membership payments, the memberships which fall due on or after the date of said change shall be recalculated accordingly and the said recalculated memberships shall substitute the memberships which were calculated at the old rate. VAT/GST is excluded, and the client will be responsible for payment of VAT/GST.
7.5 Member is obliged to ensure the equipment for not less than the replacement cost and retail cost thereof against all risks including political riot cover. Member shall ensure the company’s interest in the equipment and this agreement is noted by the insurer in the policy and shall produce satisfactory proof thereof to company. Member hereby cedes to company as security for the due performance of member’s obligations in terms of this agreement all of member’s right, title and interest in any insurance policy effected in terms of this agreement and undertakes to deliver such policy to company on demand. If member fails to ensure the equipment or fails to produce to company written proof of such insurance within 14 (Fourteen) days from date of demand, the company shall be entitled to affect such insurance as it deems fit on member’s behalf, the premiums in respect of which shall be payable by member to company on demand.
7.6 The Member is hereby given notice of its right of free choice in connection with its insurance. Member represents and warrants that it has read, understood, and are fully acquainted with the aforesaid provision. By signing this agreement, member acknowledges that:
7.6.1 it has been given prior written notice of its entitlement of the freedom.
7.6.2 it exercised that freedom of choice.
7.6.3 The client confirms that he/she was not subject to any coercion or inducement as to the manner in which it exercised that freedom of choice.
7.6.4 If the equipment or any part thereof is lost, stolen or damaged irrespective of the cause, member must notify in writing company and insurer immediately.
7.6.5 Member shall be obliged to pay any excess that may be payable in terms of an insurance policy issued pursuant to this agreement.
7.7 Member shall at all times keep the equipment in its possession and under its control and shall take reasonable care in the use of the equipment. Member shall at its own expense maintain the equipment in proper working order and keep the equipment free from attachment hypothec or other legal charge or process. Member undertakes not to sell, let, loan, pledge, transfer or otherwise encumber the equipment in any way or permit any lien to arise in respect of the equipment. The equipment shall be operated at the member’s cost and be controlled only by properly trained, licensed, and qualified persons. Member shall comply with the specifications, instructions, and recommendations of the manufacturer for the operation, service, maintenance and/or repair of the equipment or part thereof.
7.7.1 Member may not materially alter or modify the equipment. Any part or accessory added to the equipment/apparatus shall become company’s property without any compensation.
7.7.2 Member shall at all reasonable times permit company or its representative to inspect equipment. Member shall at its own expense apply for all licenses, certificates or exemptions that may be required for or in connection with the ownership or use of the equipment.
7.7.3 Member admits and agrees that the equipment is moveable and that the equipment is installed with the intention that the equipment shall remain moveable and that they shall under no circumstances accede to any property.
7.8 The equipment will ordinarily be kept at the address/es stated in the membership schedule and member shall forthwith upon signature of this agreement notify company in writing of any other premises to which the equipment is moved and of the name and address of the owner of such premises. Member shall also notify company immediately of any changes that may occur from time to time in the leasehold or ownership of the premises upon which the equipment may from time to time be installed or kept.
7.8.1 Prior to the equipment being brought onto or installed in any premises member shall notify the owner and/or Lessor of such premises in writing of company’s ownership in the equipment and member shall notify each new owner or lessor of such premises in writing immediately when a change in the ownership or leasehold of the premises takes place.
7.9 If member defaults in the punctual payment of any monies as it falls due in terms of this agreement; or fails to comply with any of the terms and conditions of, or its obligations under this agreement or commits any deed of insolvency or being a natural person, assigns surrenders or attempts to assign or surrender his estate, or allows a default judgment to remain unsatisfied for a period of seven days or be refused rescission within 14 (Fourteen) days of any default judgment or is sequestrated or placed under judicial management or wound up, whether provisionally or finally or abandons the equipment, or compromises with any of his creditors or endeavours or attempts to do so, or makes any incorrect or untrue statement or representation in connection with this agreement or member’s financial affairs or any particulars relevant thereto, or breaches any warranty given in terms of this agreement, or does or allows to be done anything that might prejudice company’s rights under this agreement then and upon the occurrence of any of these events company may without prejudice to any of its rights elect to:
7.9.1 remotely access the equipment and limit use thereof, and
7.9.2 claim immediate payment of all amounts which would have been payable in terms of this agreement, all legal costs including legal expenses on the attorney and own client scale and as agreed pre-estimated liquidated damages, the aggregate of the memberships which would have been payable had the agreement continued until expiry by effluxion of time; or
7.9.3 Immediately terminate this agreement, take possession of the equipment, retain all amounts already paid by member and claim all and claim all outstanding memberships, all legal costs including legal expenses on the attorney and own client scale and as agreed pre- estimated liquidated damages, the aggregate of the memberships which would have been payable had the agreement continued until expiry by effluxion of time.
7.9.4 Company is entitled to cede and/or delegate without notice to member all or any of company’s rights and/or obligations under this agreement including its rights of ownership in the equipment or any of them, either absolutely or as collateral security, to any other person or persons and whether such cession is made to the a cessionary/ies alone or to the cessionary/ies jointly and severally with company or any other person or persons, and if such cession occurs, member shall, if so required by any such cessionary/ies, make all payments direct to such cessionary/ies. Any reference in this agreement to company shall, unless the context indicates otherwise, be construed as referring to the cessionary/ies. Member hereby undertakes to accept the cession and/or delegation and to acknowledge the rights of the cessionary/ies in terms of this clause and to hold the equipment on behalf of the cessionary/ies, subject to the conditions of this agreement. The member agrees, that in the event of such cession, to the extent that any such cession and/or delegation results in the splitting of claims the member hereby consents in advance to such splitting of claims.
7.9.5 The client’s digital signature and/or acceptance of this agreement confirms the client’s intention and acknowledgement in respect of this agreement and that monthly membership fees are deducted as per the membership schedule and member’s grants the RoyalVibe the required permission to continue with this arrangement as per the membership schedule agreement.
7.9.6 Member acknowledges that any repairs not outlined in the warranty are at the company’s discretion to deduct any owing fees for said repairs from the member’s monthly contribution.
7.9.7 This agreement is personal to member and member shall not in any circumstances be able to make over any of his rights and/or obligations hereunder without prior written consent of company.
7.10 Should member fail to comply with any of the provisions of this agreement, company shall be entitled but not obliged to affect such compliance on behalf of member. All costs and expenses incurred by company in effecting such compliance or otherwise in protecting its title to the equipment shall be paid by Member to Company on demand.
7.10.1 Notwithstanding the provisions of this agreement should member in breach of its obligations fail to return the equipment on termination of this agreement then in addition to any other claims that company may have against member pursuant thereto, member shall be liable to continue to pay memberships to company as if the agreement had not been so terminated.
7.10.2 Member shall, on termination of this agreement, return the equipment in good working order, fair wear and tear permitted, together with all applicable documents to company at member’s cost and expense.
7.10.3 Upon the return of the equipment in accordance with this agreement the Company may deal with the equipment at such time and place and on such terms and conditions as Company may determine. Member shall then have no further right or interest in the equipment.
7.10.4 If any part of the equipment, leased in terms of this agreement, are lost, or stolen and not recovered within a period of 21 (twenty one) days after such loss or theft or are damaged beyond repair, this agreement may be terminated forthwith in respect of such equipment, provided that such equipment may, at company’s election be replaced with similar equipment, in which event this agreement shall apply mutates mutandis to such replacement equipment.
7.10.5 On termination of this agreement, the company may proceed with any claim under and in terms of an insurance policy referred to in this agreement shall be paid to company and shall be credited against the balance of memberships that remains unpaid in respect of the equipment lost or destroyed immediately prior to termination of this agreement as provided for in.
7.10.6 Member, however, remains liable for any outstanding memberships and the aggregate of the memberships which would have been payable had the agreement continued until expiry by effluxion of time that may remain unpaid after the crediting of the proceeds of the insurance claim and such outstanding memberships be paid on demand by the company.
7.11 A certificate under the hand of any manager of company, as given from time to time, in respect of the indebtedness of member in terms of this agreement or in respect of any other fact shall be prima facie evidence of member’s indebtedness to company and/or such other fact. It shall not be necessary to prove the appointment of the person signing such certificate.
8. SERVICE TERMS OF MEMBERSHIP
8.1 The service entails the upload facility or platform of recorded analyses and the report thereof.
8.1.1 The reports are allocated to produce condition risks and nutritional shortages.
8.1.2 Ultrasound treatments are designed according to individual requirements.
8.1.3 Platform access allows progress comparison between current and past analyses.
8.1.4 Clause 8.1.1 – 8.1.2 are limited to the membership plan selected. This dictates how often said report and analyses with treatment programs will be available to the member.
9. NON-PAYMENT OF MEMBERSHIP FEES.
9.1 Member services will cease in the event of non-payment and any discounts on membership will be revoked. Monthly payments will be due as per the monthly membership option sans the annual payment discounts.
9.2 In the event of non-payment, services will cease. Irrespective of cessation of services, the monthly deduction of membership rental fees will continue to be deducted during the period of late or non-payment.
9.3 Activation of services will be reinstated once full payment as per membership agreement has been received.
9.4 In the event of cancellation under any circumstance the client must follow and adhere to the cancellation policy.
9.5 Should you digitally accept this agreement by clicking, you are accepting the terms of the agreement.
9.6 The client who signs this agreement, together with the individual who effects payment in respect of the opted product will be held liable for all outstanding costs in respect of the product.
10. PRODUCTS SUPPLIED TERMS & CONDITIONS
10.2 RoyalVibe manufactures and distributes the product range, which consist of amongst others: RoyalVibe, Analysis (with security key), HydroVibe (EnviroVibe), power supply, cables, etc. While professional assistance is offered in using the product range, it has been designed as a tool for self-care. As with conventional medicine, lifestyle adjustments are important and therefore we encourage and endorse healthy living habits.
11. RETURN POLICIES AND STIPULATIONS.
11.1 RoyalVibe Health affords the client a 7 (Seven)-day return policy.
11.2 In the event that cancellation is done after the 7 (Seven) day period, the client will remain liable for payment of the set-up fee that is equal to 2 months of the 12 month payment plan, as well as 2 (Two) months payment as per the 12 (Twelve) month payment plan.
11.3 In the eventuality of death, RoyalVibe does not refund the family and/or any living party or estate for the purchase amount or any part thereof. The client or the deceased estate remains liable for the said outstanding amount due (set-up fee and usage of the product) calculated at the 12 (Twelve) month payment plan.
11.4 In the event that the wrong product was delivered, RoyalVibe will be responsible for the replacement and the costs incurred, provided that, the client informed RoyalVibe thereof within 48 (forty-eight) hours of receipt and provided that the product was not opened and not used. Should the client use the product, the client will be held liable for the set-up fee and repackaging of the product as well as well the costs to return the product.
11.5 In the event that the product is defective, RoyalVibe will replace the product, taking into consideration that the client informed RoyalVibe of such defective within 48 (Forty-Eight) hours from receipt of the defective product and the product is returned to RoyalVibe within 7 (Seven) days.
11.6 In the event that the client fails to use the product as per the stipulated protocol designed by RoyalVibe, that includes, but are not limited to, the use of the RoyalVibe personalized programme for at least 6 (Six) hours per day, 6 (Six) days per week, the claim will be null and void.
11.7 The relevant protocol will be shared via the appointed case manager. The instructions will guide the client in respect of the required protocol that needs to be adhered to, which includes, but are not limited to, diet rules and treatment procedures.
11.8 Without following the protocol as instructed, the client has no claim to the efficiency of the opted product.
11.9 The client undertakes to evaluate his/her own progress every 14 (Fourteen) days and notify the staff should the improvement not be to the satisfaction of the client.
11.10 The client agrees that should the Risk Report platform shows improvement then the efficiency is not disputable.
11.11 In the event that the Credit not processed:
11.11.1 Should the client claim that the purchased product was returned, or the transaction was otherwise cancelled, the client must inform RoyalVibe thereof within 48 (Forty-Eight) hours from the date upon which the transaction was done.
11.12.1 Should the client claim that he/she was charged multiple times for the same product or service, the client must inform RoyalVibe thereof within 48 (Forty-Eight) hours from the original transaction being completed. The client must submit all evidence proofing that the client did not authorize the payment more than once.
11.13 Fraudulent or Unrecognizable Transaction:
11.13.1 In the event that the client claims that he/she did not authorize the payment as his/her card was lost or stolen, or the client does not recognize the payment on banking statements.
11.13.2 The client must inform RoyalVibe of the fraudulent transaction or the fact that the transaction is not recognized within 48 (Forty-Eight) hours from becoming aware thereof.
11.14 Subscription cancelled:
11.14.1 The client claims that RoyalVibe continued to charge the client after a subscription was cancelled. The client must inform RoyalVibe thereof within 48 (Forty-Eight) hours from the date upon the client makes the claim. The client will need to submit all evidence in that the client followed the cancellation policy and procedures as stipulated. The client must take note of the cancellation policy in this document.
11.15 Product not delivered:
11.15.1 In the event that the client claims that the product was not delivered, the client, before any refund will be applicable, must proof that the shipping address was wrong and that the client followed the product as per the track and trace number provided. The client must inform RoyalVibe within 24 (twenty-four) hours from shipment that the product was not received.
11.16 Product unacceptable:
11.16.1 The client must inform RoyalVibe of the unacceptable product (does not conform to the required standards and conditions) or any other reason, within 48 (Forty-Eight) hours of receipt thereof and the product must be returned within 7 (Seven) days.
11.16.2 The client must provide sufficient proof of the fact that the product is unacceptable.
11.16.3 The client agrees that the product cannot merely become unacceptable after signature of the agreements.
11.16.4 Once the client used the product and failed to return same within the return policy period, the product and related services will be deemed to be accepted by the client, Without any conditions there to.
12. REFUND PROCESS
12.1 Any and all refunds must be done strictly in terms of this agreement and the cancellation policy.
12.2 RoyalVibe will not re-purchase any product pack or part thereof sold to the client. This is only applicable to product purchases and not for lease/rental and membership.
13. SUPPLYING OF MEDICAL AND ALL OTHER INFORMATION TO ROYALVIBE:
13.1 The client must indicate that he/she has provided all relevant medical history and health conditions pertaining to the specific ailment for the purpose of treatment.
13.2 The client indemnifies and hold harmless the company and/or it’s representatives for any damages as a result of non-compliance by the client in respect hereof.
13.3 The tailor-made treatment protocol must have been designed by a preferred health provider of RoyalVibe
13.4 The client must provide evidence of usage indicating a minimum of 6 (Six) hours per day, 6 (Six) days per week treatment in order to indicate if the treatment is to the benefit of the client
13.5 The client undertakes to submit all relevant Health Risk analyses every fortnight as stipulated in order to monitor their progress.
13.6 The client agrees that the set-up fee is a non-refundable payment.
13.7 The client undertakes that the usage of the product is payable and not refundable.
13.8 The client must apply in writing for the return procedure to be initiated, together with agreed to requirements as stated above.
13.9 The client must return the product within 7 (Seven) days from receipt, if the product is defective or damaged, as a result of the conduct of RoyalVibe In the event that the product is damaged as a result of transportation or any other reason, except for the negligence of RoyalVibe, RoyalVibe will not be held liable for any damage.
13.10 The client confirms that once the product has been shipped the liability in respect thereof will become that of the client. The client undertakes to use the tracking number to obtain the whereabouts of the said product.
13.11 No refund in respect of the product is applicable, except as expressly provided herein.
14. ROYALVIBE CONTRACT STIPULATIONS.
14.1 The client by accepting the digital terms of this agreement acknowledges and accepts the Terms and Conditions as set out above.
14.2 In the event that the client purchases the goods described in the terms and conditions. The client has 7 (Seven) days to pay the amount as set out on the quotation. By signing this document, the client accepts the Terms and Conditions as stated herein.
15.1 The base unit of the RoyalVibe has a 5 (Five)-year Warranty.
15.2 The Quality of Health Analyzer has a 1 (One)-year Warranty. This warranty is a “carry-in” warranty and any cost for transport to RoyalVibe offices and back to client will be for the clients’ account. RoyalVibe also takes no responsibility for any damages incurred as a result of courier transporting.
16.1 Any damage due to power spikes, or any other damages to the product, and/or other neglect and manhandling of the product, will not be subject to a warranty.
16.2 The parties agree that all other accessories do not carry a warranty.
17. MEDICAL INFORMATION DISCLAIMER
17.1 I, the undersigned on the order/quotation and/or permitted user, hereby agree, and confirm the following as set out below:
17.2 When requesting a treatment program; the information and programs written are not intended to be a substitute for professional medical advice, diagnosis, or treatment. Never disregard professional medical advice, or delay in seeking it because of information or treatments received from RoyalVibe or any of its associates.
17.3 If you think you may be suffering from any medical condition, you should seek immediate medical attention. RoyalVibe or any of their associate employees or subsidiaries will not be held liable or responsible for any advice, course, treatment, diagnosis, program, or any information that you obtain from us. Any verbal or written communication is to be seen as a comment and must be confirmed by your own physician.
17.4 The client hereby agrees that the frequency treatment program written on behalf of the client is based on information provided by the client and that it only serves to assist with treatment programs and in no way constitutes a diagnosis or replacement treatment protocol.
18. APPLICATION DISCLAIMER.
18.1 RoyalVibe is committed to ensuring that the Application (hereafter referred to as ‘the App for ease of reference) is as useful and efficient as possible. For that reason, we reserve the right to make changes to the App or to charge for its services, at any time and for any reason.
18.2 The RoyalVibe Application stores and processes the personal data that the client has provided to RoyalVibe in order for the client to be able to run treatments and affirmation programs. It is the sole responsibility of the client to keep your phone and access to the App secure. RoyalVibe, therefore, recommend that you do not remove software restrictions and limitations imposed by the official operating system of your device.
18.3 It could make your phone vulnerable to malware/viruses/malicious programs, compromise the client’s phone’s security features and it could mean that the RoyalVibe App will not function properly or effectively.
18.4 Please note that the client should be aware that there are certain components that RoyalVibe will not take responsibility for, such as the ability to download and store treatments, dependents, or schedules offline, will all require the App to have an active internet connection.
18.5 RoyalVibe cannot take responsibility for the App not working at full functionality. The client must ensure to have undisturbed access to the internet and if the client do not fully understand the functionality or how to operate the Cell phone in use, RoyalVibe cannot be held liable for the client’s failure to attend to treatments
18.6 In addition, RoyalVibe cannot take responsibility for the way the client uses the App.
18.7 The App is currently available on Android via Google Play Services and iOS for apple phones on the AppStore – the requirements for systems (and for any additional systems we decide to extend the availability of the App to) may change, and you will need to download the updates if you want to keep using the App.
19. COPYRIGHT AND INTELLECTUAL PROPERTY.
19.1 The client agrees that RoyalVibe services, including but not limited to – its products, graphics, user interface, audio clips, video clips, editorial content, and the scripts and software used to implement the RoyalVibe service, contains proprietary information and material that is owned by RoyalVibe and/or its licenses, and is protected by applicable intellectual property and other laws including but not limited to copyright.
19.2 The client agrees not to use such property information or materials in any way whatsoever except for use of RoyalVibe services in compliance with this agreement.
19.3 No portion of the RoyalVibe service may be reproduced in any form or by any means, except as expressly permitted in this agreement. • The client agrees not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the RoyalVibe service in any manner.
20. CANCELLATION POLICY AND PROCEDURE.
20.1 The client may decide between 3 (Three) options in respect of the product:
20.1.1 The client may purchase the product and become the owner thereof; or
20.1.2 The client may rent the product for a period of 12 (Twelve) months; or
20.1.3 The client may rent the product on a monthly basis. Should the client opt for the monthly plan, the client will effect payment of a once-off amount (upfront) per month.
20.2 This monthly product may be extended for a further term on agreement by both parties.
20.3 The amount paid by the client is not refundable.
20.4 Upon signature of the agreement, the client agrees to be committed to the product and plan as opted for and hereby accepts the terms and conditions.
20.5 The client agrees that no refund will be applicable to this product, except for a refund after the trial period terms.
20.6 The client will be allowed to cede the agreement (for the outstanding months of the original agreement or by signing a new agreement) to another individual, subject to approval by the company and subject to the new client accepting the terms of the agreement as concluded with the original policy holder.
20.7 In the event that the agreement is ceded to a new owner any decease, included but not limited to, diabetes, Alzheimer’s and cancer may be selected for treatment in respect with this program.
20.8 Trial period:
20.8.1 The client will be subject to a 2 (Two) month trial period as follows:
220.127.116.11 The client will be subject to an evaluation of the product and the effect thereof on the client at the end of the 1st and 2nd month from inception of the agreement. This evaluation will determine if the project is beneficial to the client and will determine the progress of the system on the client, subject to the client adhering to the protocol in respect of the product, which will allow ROYALVIBE HEALTH LTD to plot the efficiency and determine the progress brought forth as a result of the utilization of the said product.
18.104.22.168 The parties agree that trial period may not be less than 2 (Two) months to allow the product to show worth to the client’s health status. The parties agree that an analysis are to be done on inception of the agreement, thereafter in 30 (Thirty) days from inception of the agreement and then thereafter within 60 (Sixty) days from inception of the agreement. The mentioned time periods will assist to determine the improvement (by means of comparison) in the health risk and health condition of the client. Should the said analysis indicate a positive increase in the health of the client, the agreement will then be binding on the parties.
22.214.171.124 The client will not be allowed to cancel the agreement for any reason, except in the event that the trial period fails to show positive increase in the client’s health status.
126.96.36.199 Should there be no increase in the health status based on the analysis, the client or there is no benefit to the client, the client will be allowed to cancel the agreement at the end of the trial period and subsequent analysis.
188.8.131.52 In the event that the client is not satisfied with product and wish to cancel the agreement at the end of the trial period, notwithstanding the trial period indicating a positive value to the clients health as set out in 184.108.40.206, however before the expiry of the contract duration, the client will be held liable for the set-up fee which is equal to 2 (Two) months payment (that is divided through the term of the 12 (Twelve) month payment term to reduce immediate costs) plus the 2 (Two) months trial use. The client will also be held liable for payment of 30% (Thirty Percent) (Penalty Fee) of the outstanding amount due.
220.127.116.11 In the event that the client accepts the terms of the annual payment plan and proceeds to effect payment thereof and the client decides to cancel the agreement, the contract will be calculated in accordance with the 12 (Twelve) month payment plan as to determine the applicable refund after the cancellation.
18.104.22.168 In the event that the client passes away, the client and/or the deceased estate will be held liable for the set-up fee which is equal to 2 (Two) months instalment fees as per the 12 (Twelve) month payment plan, together with payment for the amount of months that the client used the product and services for. The client and/or the deceased estate remain liable for the payment of the service fee and outstanding payments in respect of the leased equipment.
22.214.171.124 Should the client wish to cancel the main agreement; the client is responsible to return the equipment to the nearest address as provided by ROYALVIBE HEALTH LTD. The client agrees that up until such time as the equipment is received by ROYALVIBE HEALTH LTD the client will remain liable until date of receipt of the product.
21.1 For any questions or queries on any of the above, please direct these in writing to support@RoyalVibehealth.com
21.2 Please include the following details:
21.2.1 Name and Surname of client.
21.2.2 Contact Number/s.
21.2.3 RoyalVibe client reference number.
21.2.4 Device number.
21.2.5 Detailed explanation of your enquiry.
21.2.6 Please expect an answer within 48 (Forty-Eight) hours of submission. (The 48 (Forty-Eight)-hour period falls within regular working hours).
22.1 DOMICILE AND NOTICES
22.2 For all purposes of this agreement including, but not by way of limitation, the giving of any notice, the making of any communication, the payment of any sum and the serving of any process, the parties respectively choose domicilium citandi et executandi (“domicilium”) at their addresses set out in clause 1.
22.3 Any notice given and any communication or payment made by any party hereto to any other (the “Addressee”) which:
22.3.1 is delivered by hand during the normal business hours of the Addressee at the Addressee’s domicilium for the time being, shall be presumed, unless the contrary is proved, to have been received by the Addressee at the time of delivery;
23. NO WAIVER
23.1 No relaxation, indulgence or extension of time granted by any party to the other shall be construed as a waiver of any of such party’s rights in terms hereof, or a novation of any of the terms of this agreement or estop such party from enforcing strict and punctual compliance with the terms of this agreement.
24. NO VARIATION
24.1 No variation of, addition to, consensual cancellation of, or waiver of any right arising in terms of this agreement (including this Clause 39) shall be of any force or effect unless it is reduced to writing and signed by a duly authorised representative of each of the parties.
25. WHOLE AGREEMENT
25.1 This agreement constitutes the whole agreement between the parties in relation to the subject matter thereof and no party shall accordingly be bound by any undertaking, representation or warranty not recorded therein.
26. UNDERTAKING TO GIVE EFFECT TO THIS AGREEMENT
26.1 The parties shall respectively cause all resolutions to be passed and undertake to sign all such other documents and do such other things as shall be necessary or requisite to give proper and due effect to the terms of this agreement, or any other matter arising therefrom, according to its intent and purpose.
27.1 This agreement:
27.1.1 may be signed in one or more counterparts all of which shall be considered one and the same agreement;
27.1.2 shall become effective when a counterpart has been signed by each of the parties to this agreement.
27.2.1 No relaxation or indulgence granted or given by company to member shall be deemed to be a waiver of any of company’s rights in terms of this agreement and such relaxation or indulgence shall not be deemed to be a novation of any of the terms and conditions of this agreement.
27.3.1 All costs and disbursements, including legal costs on the attorney and own client scale incurred by company in recovering possession of the equipment or in tracing member and locating the equipment and in collecting or endeavoring to collect all or any amounts payable by member to company in terms of this agreement or otherwise and all collection commissions, storage charges, costs of valuation of the equipment, costs of sale including costs of restoring equipment to a saleable condition, selling commission, dismantling and removal charges and all other fees and charges shall be for the account of member and are payable on demand as and when incurred.
27.3.2 All costs in respect of documentation and administration fees shall be paid by member.
27.4 APPLICABLE LAW.
27.4.1 This agreement shall in all respects be governed by and construed in accordance with the laws of the UAE
27.5 BEST EFFORTS
27.5.1 All services and product design is based on best effort and we do not guarantee a specific outcome or claim to achieve a specific outcome with the use of the product.
28. CREDIT SCORE
28.1 The member consents to the company or its cessionary/ies making enquiries about the member’s credit record with any credit reference agency and any other party to confirm the details on this application. The company or its cessionary/ies may also provide credit reference agencies with regular updates regarding how the member manages its account including their failure to meet agreed terms and conditions. The member consents that credit reference agencies may, in turn, make the records and details available to other credit grantors. The company or its cessionary/ies may also give this information to any person, who, in its opinion, needs it to carry out any of the company or its cessionary/ies’s rights or duties in terms of the contract or any law pertaining to the products the member has requested.
The client hereby, by clicking accept, agrees to be bound to the terms and conditions of this agreement. The client’s intention is confirmed by the acceptance of the terms and conditions. Any updates and changes in respect hereof will be communicated to the client.
How can we help you?
We can treat these diagnoses with Focused Ultrasound Technology
We use focused ultrasound technology to treat different diagnoses, like Alzheimer’s and Cancer. When traditional medication fails, our treatment has a 90% success rate in improving patient conditions.
Type 1 Diabetes
Are you struggling with Type 1 Diabetes? Focused Ultrasound Technology can help you find balance.
Type 2 Diabetes
Focused Ultrasound Technology can help you fight against liver disease.
Chronic Obstructive Pulmonary Disease (COPD)
COPD makes breathing difficult for 16 million Americans. Learn how F.U.T can help.
While Parkinson’s is not fatal, it’s very exhausting and dangerous. Using our Focused Ultrasound Therapy, you can improve your way of life.
Neuropathy is damage or dysfunction of one or more nerves that typically results in numbness, tingling, muscle weakness, and pain in the affected area. Find out how RoyalVibe Health can help.
Medication and “puffers” are usually the only solutions offered to Asthma patients but they only treat the symptoms and not the root cause. RoyalVibe Health therapy can provide long-term solutions for Asthma patients.
What if we told you that it’s possible to treat your Thyroid problems without medication? With Focused Ultrasound Therapy, it’s entirely possible.
Over 25% of people in the US suffer from Arthritis and deal with it daily. Using Focused Ultrasound Therapy, we can help you deal with the disease without the use of drugs.
Depression doesn’t just happen. It’s a disease that grows over time and affects 265 million people around the world. Antidepressants are the number 1 prescription to deal with this disease yet have terrible side effects such as addiction. F.U.T bypasses the drugs and helps you treat it naturally.
Chronic back pain can be one of the most annoying and uncomfortable conditions to deal with. If you need a more permanent solution, RoyalVibe Health’s healing therapy will help your body heal naturally and make your back pain go away for a long period of time.
When your body is inflamed, it shuts down your immune system and focuses all its energy on reducing the inflammation. Rather than using drugs to treat this, RoyalVibe Health uses Focused Ultrasound Healing Therapy. Learn more today.
Weight Loss and General Health
RoyalVibe Health Healing Therapy not only helps with some of the most severe diseases but also with some of the biggest problems humanity has ever faced – obesity. Find out how it can help you.
What Our Patients Say
As a Doctor with a PhD in Integrative Medicine from Quantum University (USA), my client referrals usually come in the form of a message such as the following one received this morning: "Hi Dr James. I sent your number to my friend S…… She has been struggling with her health and the doctors don't seem to be able to heal her. Her condition is just worsening and the medical drugs are giving her terrible side effects. I told her to just come to Dr. Raymond and not say too much and let the machine find out what is wrong with her. Please squeeze her in ASAP."
The "machine" referred to here is the "CellQuicken Analyzer"– an oscilloscope, which is not a diagnostic instrument. However, when held for one minute, this Analysis instrument will perform a focussed ultrasound which results in an extensive report of the client's 32 systems/organs that shows the client's bioenergetics fields that are imbalanced.
This is then recorded and presented as a percentage risk report, based on certain markers associated with each of the main the cause of health risks. These include: Heart Attack, Stroke, Low Stomach Acid, Type-2 Diabetes, Tumour, Cancer, Autoimmune Disease, Alzheimer's/Parkinson's/Dementia, Osteoporosis, and Kidney Failure.
It's like having a team of specialists in the room rolled into one, integrated instrument that can immediately determine the root cause of the client's discomfort and disease instead of focussing on the client's description of their symptoms.
Once I have scanned the client and drawn the instant report, I am able to suggest lifestyle changes, supplementation, therapies and other remedies that balance the bioenergetics systems of the human body. Importantly the session becomes a learning occasion for the client, who then starts to see his or her body as an integrated whole, instead of individual organs that operate separately.
I found out about "CellQuicken Analyzer" when I was for my appointment at Steve Biko Acedemic hospital when I was told by an older gentleman about Cellquicken and Dr Raymond Venter.
Then at home I went and Google it. I also saw Dr Raymond on the health Chanel on TV
At that time I was already diagnosed with stage 3 breast cancer. I had chemo 2 times so my body was very much depleted from nutrients. It helped me with knowing what my body needed to strengthen my immune system and helped me feel much more energetic. I also experienced less pain and therefore now drink no more pain pills.
"CellQuicken Analyzer" gives me such an in-depth analysis of what is going on in my body and what my body needs, it also gives me the solutions how to correct it.
I really can't say I had any doubts, I just got something that might help me in my healing process and I strongly wanted to get hold of it.
Now I feel great and thankful!! I am totally of pain medication. I have changed my diet. I am drinking lots more water. I am trying to reduce my stress levels. I am trying to get more sleep.
"CellQuicken Analyzer" is a diverse tool that can help anybody with any ailment to recover mentally, emotionally and physically.
And here is what I have to say to other people who still have doubts:
You will make a great investment in your own health and in your family's health!
Hello Dr. Raymond, I wanted to do a video but I don't know if I could sound authentic …. So I wrote out some of what I would like to say…
I found the CellQuicken website link on a random tweet on Twitter, which now I know was a synchronicity.
I have been on the lookout for technology that is different from the world of modern medicine and from the moment I read what CellQuicken and the Royal Vibe are all about I was on a mission to get this product.
I have set myself on a rapid path to COMPLETE wellness. The CellQuicken Analyzer was so easy to hook up and to run the test.
Seeing the results in a completely comprehensive printout with so much information detailing what the readouts mean and the information needed to move in the right direction to better health and overall wellness was and is exactly what I needed.
My results allowed me to be able to immediately address all of the vitamin and mineral deficiencies as well as know more information about every system in my body than I believe any one doctor could ever tell me.
I love having this available. It is so empowering.
Honestly, the future of taking COMPLETE care of yourself is here now, and with the ALL of the CellQuicken products and programs, you will be grateful that you found it when you did. I certainly am and so are my people who are precious to me.
The knowledge to better control your future is priceless!
Hello Dr. Raymond,
I am honored to provide you with some of my feedback about my experience with RoyalVibe. I am very impressed with the technology. I use the RoyalVibe every night. Dr. Raymond Venter is brilliant and his health treatments via ultrasound are state-of-the art. I am very impressed with the technology and the great service that he and his company provide to people around the world. We are in a health crisis in today’s troubling times, and the RoyalVibe helps me to face these challenges with far more confidence than relying on only traditional medicine, which often makes one sicker with their damaging side effects.
The customer service and tech support are also excellent! I highly recommend the RoyalVibe and have the utmost respect for Dr. Raymond Venter.
My wishes to you for good health!
"She remembers many things she didn't remember before... I actually got my wife back"
"I am 71 years old. And I can exercise for 2 hours without getting tired. I realized the unlimited energy that I have now. In a time span of 2 weeks"
"My kidneys went from 8% function to 11% function, and I can see your face"
"My bladder infection was completely healed... Every day it got better and better. It didn't feel like it before I used the machine.
I sleep very deep now and I feel well-rested.
The more I think about the investment I made in this, the more I realize that I can improve the quality of my life, even if I get older."
"I was very happy to be able to walk again... I could walk 500 metres which is an incredible result"
"I could barely breathe. It felt like I am going to faint... It felt like this machine gave me a renewal."