Terms, Conditions, and Membership Agreement

ROYALVIBE ALLIANCE – CLUB MEMBERSHIP

 

By accepting the terms and conditions you acknowledge and agree to automatically become a member of RoyalVibe Alliance during the signup process. Each member will obtain one set of the RoyalVibe Health equipment against the payment of the membership fees as set out hereunder. The duration of the membership with Royalvibe Alliance is covered for a period of 12 months subscription period to be paid by Royalvibe Health on behalf of their clients to become members of the Royalvibe Alliance. The Royalvibe Alliance is a special interest identity to ring-fence services only to members. 

In Consideration of gaining membership or being allowed to participate in the activities and programs of the Royalvibe Alliance and to use its equipment in addition to the payment of any fee or charge, I do hereby waive release and forever discharge the Royalvibe Alliance and its officers, agents, employees, representatives, executors and all others from any and all responsibilities or liability for injuries or damages resulting from my participation in any activities or my use of equipment or arising out of my participation in any form any responsibility or liability for any injury or damage to myself, including those caused by the negligent act or omission of any those mentioned or other acting on their behalf or in any way arising out of or connected with my participation in any activities of the Royalvibe Alliance or the use of any equipment of the Royalvibe Alliance. I agree to adhere to all policies set by the Royalvibe Alliance. All Memberships are non-refundable or transferable.

1. PARTIES

       1.1.             ROYALVIBE ALLIANCE, the Club to which the client of Royalvibe Health has access during the period of the membership. Each member will have access to equipment and software for the time period and the payment plan and subscription chosen by the client. Royalvibe Health to pay the membership fee on behalf of the client to Royalvibe Alliance. Only members of the Royalvibe Alliance will be allowed to be members of the Royalvibe Health.

1.2.             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).

1.3.             Client name, Identity number and residential address as per the signup of the service and equipment in accordance with this agreement, (hereinafter referred to as “Client” for ease of reference).

1.4.             The client confirms that he/she was not subject to any coercion or inducement as to the manner in which he/she exercised that freedom of choice.

 

2.                   DEFINITIONS

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 Saturday, Sunday, or recognized public holiday in UAE;

2.1.3.        “Commencement Date” means the day on which the terms and conditions are accepted by the client, with the electronic signature by clicking on the checkbox that the client confirms and accepts that he/she has read the content of this agreement and accepts the terms and conditions read together with the privacy policy.

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.        “Electronic signature” Rather than signing and initialing throughout the form, signers only have to click a checkbox or button to indicate “I agree” to the terms and conditions given.

2.1.7.        “Equipment” means the equipment as identified in this agreement or any other replacement equipment provided to the client by the company (including the equipment/apparatus documents, tools and accessories supplied with the equipment).

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, database, table, calculation, spreadsheet, 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 client 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 the 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 a 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 Lessor makes its equipment and services available to the client at an agreed cost per month/annually (12-month payment plan), upon the termination of said agreement the equipment leased by the client 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 agreement.

2.1.15. “Lessee” means the client who selects a plan at a monthly/annual (12 months) fee utilizing equipment that remains under 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 client or 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 its products and equipment to lease to the client.

2.1.19. “Replacement Cost” is the retail cost attached to leased equipment. The client is responsible for this replacement cost due to any damage, loss, harm, or theft be it directly or indirectly, caused by the client or by another individual or property. The client is responsible for garnering and paying insurance to protect the leased equipment belonging to the company. The client indemnifies and holds harmless the Company against any loss or damage.

2.1.20. “Signature Date” means the electronic signature date that the terms and conditions are accepted by the client, by clicking the check box, I accept the terms and policies of this agreement, which will constitute a legally binding document between the parties.

 

3.                   INTERPRETATION

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 to limit the meaning of any word or term to the same genus or class as the examples are 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 effect 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.                   PREAMBLE

4.1.             RoyalVibe Health supplies the services and purchases the equipment from CellQuicken, the product supplier. 

4.2.             This agreement contains the terms and conditions upon which the client will lease the equipment from RoyalVibe. In terms of the acceptance of the terms and conditions of this lease agreement by the client prior to delivery of the equipment, the equipment does not change ownership to the client but remains the property of RoyalVibe Health.

4.3.             The efficiency of the equipment 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.                   LEASE TERMS OF MEMBERSHIP.

6.1.             Now wherefore the parties agree that:

6.1.1.        The company hereby leases to the client who hires on the terms and conditions herein from the commencement date as specified herein, being the date of the electronic signature, the equipment described therein for the membership amount payable (as per the equipment opted for and for the membership period stated therein. 

6.1.2.        The parties agree that the commencement date of the electronic signature.  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 client will lease the equipment in terms hereof, for a pro-rata membership based on the number of days from the said commencement date to the 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 the company’s election, to be a breach of any or all agreements effected in terms of this agreement.

6.2.             client acknowledges and warrants that:

6.2.1.        The equipment has been or will be purchased by the company at the request of the client and solely for the purpose of leasing the equipment to the client.

6.2.2.        The equipment has been selected by the client.

6.2.3.        The Company provides the equipment supplier/supplier warrant and guarantee. The client 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 equipment 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 remain the responsibility of the client.

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 the company.

6.2.10. The client 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 the Client on the commencement date. All costs in respect of the delivery and/or collection and/or installation of the equipment shall be paid by the client.

6.2.12. The client 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. The client shall be obliged to take whatever steps as may be necessary to prevent the destruction or loss of the equipment. The client 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. The Client 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. The company shall at all times be and remain the owner of the equipment and neither client 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. the client has no authority to order or purchase on behalf of the company or to act as an agent for the company, except that client shall be deemed to accept the equipment on behalf of the company when the equipment is delivered by the supplier to the client and client acknowledges that the equipment is delivered by the supplier on behalf of the 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 membership fees 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 client. 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 and repairs 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. The client 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 the client have any claim against the company for any loss or consequential damages suffered by it as a result thereof.

6.2.19. The client shall pay to the company the membership fees 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 client 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 through a secure payment gate via card platform or at such other place as the company or its cessionary/ies may direct in writing.

6.2.22. If the client 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, reminder letters and legal fees, including collection commissions, storage charges, costs of valuation of the equipment, costs of sale, including expenses of restoration equipment to a saleable condition, selling commission, disassembly and removal charges, shipping fees and any other fees and charges are for the account of the client and are due on demand as and when incurred.

6.2.23. The company may appropriate any payments made by or on behalf of the client to any indebtedness of whatsoever nature of the client to the company.

6.2.24. If required by the company, the client shall complete and deliver to the company a banker’s debit order document in such form as the 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 client’s obligation under the agreement. Notwithstanding the aforegoing client’s electronic signature of the terms and conditions which is deemed as his or her 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 lease of the equipment is subject to an annual lease period of 12 months, starting from the commencement date and continuing for 12 months, after the 12-month lease, the lease shall be automatically extended on a month-to-month basis at the monthly lease rate equal to the lease payment.

7.1.1.        If the client wishes to terminate the lease after the initial period they shall notify the company in writing of their intention to do so, no more than 30 days before the expiry of the initial 12-month lease.

7.2.             The client acknowledges that in terms of the Value Added Tax Act (“VAT/GST”), VAT/GST at the prevailing rate as at the date of signature hereto has been excluded in each membership. In the event of any change in the rate at which VAT/GST 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 the 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 the payment of VAT/GST.

7.3.             The client is obliged to insure the equipment for not less than the replacement cost and retail cost thereof against all risks including political riot cover. The client 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 the company. The client hereby cedes to the company as security for the due performance of the client’s obligations in terms of this agreement all of the client’s right, title and interest in any insurance policy effected in terms of this agreement and undertakes to deliver such policy to the company on demand. If the client fails to ensure the equipment or fails to produce to the company written proof of such insurance within 14 (Fourteen) days from the date of demand, the company shall be entitled to effect such insurance as it deems fit on the client’s behalf, the premiums in respect of which shall be payable by the client to the company on demand.

7.4.             The client is hereby given notice of its right of free choice in connection with its insurance. The client represents and warrants that it has read, understood, and is fully acquainted with the aforesaid provision. By signing this agreement, the client acknowledges that:

7.4.1.        It has been given prior written notice of its entitlement to freedom.

7.4.2.        it exercised that freedom of choice.

7.4.3.        The client confirms that he/she was not subject to any coercion or inducement as to the manner in which he or exercised that freedom of choice.

7.4.4.        If the equipment or any part thereof is lost, stolen or damaged irrespective of the cause, the client must notify in writing company and insurer immediately.

7.4.5.        The client shall be obliged to pay any excess that may be payable in terms of an insurance policy issued pursuant to this agreement.

7.5.             The client 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. The client shall at its own expense maintain the equipment in proper working order and keep the equipment free from attachment hypothec or other legal charges or processes. The client 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 client’s cost. The client shall comply with the specifications, instructions, and recommendations of the Member/Supplier for the operation, service, maintenance and/or repair of the equipment or part thereof.

7.5.1.        The client may not materially alter or modify the equipment. Any part or accessory added to the equipment/apparatus shall become the company’s property without any compensation.

7.5.2.        The client shall at all reasonable times permit the company or its representative to inspect equipment. The client 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.

7.5.3.        The client 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.

7.6.             The equipment will ordinarily be kept at the address/es stated in the membership schedule and the client shall forthwith upon signature of this agreement notify the 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. client shall also notify the 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.

7.6.1.        Prior to the equipment being brought onto or installed in any premises, the client shall notify the owner and/or Lessor of such premises in writing of the company’s ownership of the equipment and the client 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.

 

8.                   DEFAULT PAYMENTS AND BREACH

8.1.             If client  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 client ’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 the company may without prejudice to any of its rights elect to:

8.1.1.        remotely access the equipment and limit the use thereof, and

8.1.2.        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

8.1.3.        Immediately terminate this agreement, take possession of the equipment, retain all amounts already paid by the client and claim all outstanding memberships fees for the remainder of the lease period as an early cancelation penalty, 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, plus interest, including collection commissions, storage charges, costs of valuation of the equipment, costs of sale, including expenses of restoration equipment to a saleable condition, selling commission, disassembly and removal charges, shipping fees and any other fees and charges are for the account of the client and are due on demand as and when incurred.

8.1.4.        The company is entitled to cede and/or delegate without notice to the client all or any of the 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 cessionary/ies alone or to the cessionary/ies jointly and severally with the company or any other person or persons, and if such cession occurs, the client shall, if so required by any such cessionary/ies, make all payments directly to such cessionary/ies. Any reference in this agreement to the company shall, unless the context indicates otherwise, be construed as referring to the cessionary/ies. client 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 client 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 client hereby consents in advance to such splitting of claims.

8.1.5.        The client’s electronic signature confirms the client’s intention and acknowledgment in respect of this agreement and that the monthly membership fees are deducted as per the membership fees chosen and the client grants the RoyalVibe the required permission to continue with this arrangement as per the membership schedule agreement.

8.1.6.        The client 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 client’s monthly contribution.

8.1.7.        This agreement is personal to the client and the client shall not in any circumstances be able to makeover any of his rights and/or obligations hereunder without the prior written consent of the company.

8.2.             Should the client fail to comply with any of the provisions of this agreement, the company shall be entitled but not obliged to effect such compliance on behalf of the client. All costs and expenses incurred by the company in effecting such compliance or otherwise in protecting its title to the equipment shall be paid by the client to Company on demand.

8.2.1.        Notwithstanding the provisions of this agreement should the client in breach of its obligations fail to return the equipment on termination of this agreement then in addition to any other claims that the company may have against the client pursuant thereto, the client shall be liable to continue to pay memberships fees to the company as if the agreement had not been so terminated.

8.2.2.        The client shall, on termination of this agreement, return the equipment in good working order, fair wear and tear permitted, together with all applicable documents to the company at the client’s cost and expense.

8.2.3.        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 the Company may determine. The client shall then have no further right or interest in the equipment.

8.2.4.        If any part of the equipment, leased in terms of this agreement, is lost, or stolen and not recovered within a period of 21 (twenty-one) days after such loss or theft or is damaged beyond repair, this agreement may be terminated forthwith by the company, 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.

8.2.5.        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 the 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.

8.2.6.        The client, however, remains liable for any outstanding memberships fees and the aggregate of the memberships fees 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. 

8.3.             A certificate under the hand of any manager of the company, as given from time to time, in respect of the indebtedness of the client in terms of this agreement or in respect of any other fact shall be prima facie evidence of the client’s indebtedness to company and/or such other fact. It shall not be necessary to prove the appointment of the person signing such certificate.

 

9.                   SERVICE SUSPENSION DUE TO NON-PAYMENT OF MEMBERSHIP FEES

9.1.             The client 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 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 the 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 electronically sign this agreement by clicking the checkbox, you are accepting the terms of the agreement and privacy policy. 

9.6.             The client who electronically signs this agreement and accepted the terms and conditions hereof, together with the individual who effects payment in respect of the opted equipment will be held liable for all outstanding costs in respect of the equipment.

 

10.               EQUIPMENTS SUPPLIED TERMS & CONDITIONS

10.1.         The client agrees that personal data may be used to process the client’s order, support the client’s experience throughout this website, and for other purposes described in our privacy policy.

10.2.         RoyalVibe manufactures and distributes the equipment range, which consists of amongst others: RoyalVibe, Analysis (with security key), HydroVibe (EnviroVibe), power supply, cables, etc. While professional assistance is offered in using the equipment 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, REFUND PROCESS, CANCELLATION POLICY AND PROCEDURE

11.1.         Upon electronic signature of the agreement, the client agrees to be committed to the terms and conditions hereof, the subscription fee to lease the equipment as opted for and hereby accepts the terms and conditions.

11.2.         The client agrees that no refund will be applicable to this equipment, except as stated in the cancelation policy.

 

11.3.         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 company. In the event that the agreement is ceded to a new owner any disease, including but not limited to, diabetes, Alzheimer’s and cancer may be selected for treatment in respect with this program.

 

11.4.         RoyalVibe Health affords the client a 7 (Seven)-day return policy a written cancelation form needs to be completed and sent to the company via email to execu.assistant@royalvibehealth.com. The 7 days are counted from the day the written cancelation is given by the client via email or the proof of the equipment shipping date whichever date is last, written cancelation date and shipping waybill will be used to establish the same.

 

11.4.1. In the event that the cancelation is done within 7 days from the date of delivery and the client did not open the packaging or did not subscribe to the services, then the client will remain liable for:

11.4.1.1.  a handling fee of $150 will be charged; and

11.4.1.2.  any damages to the equipment, and

 

11.4.2. In the event the cancelation is after the 7 days the client will be held liable for the invoices due and cancelation penalty:

11.4.2.1.  The client will be charged a lump sum amount of 50% of the remaining contract obligation, and the service will continue until the end of that month’s billing period

11.4.2.2.  A handling fee of $150,00; and   

11.4.2.3.  any damages to the equipment, and

11.4.2.4.  The monthly subscription fee for the time period that the package has not been received by the company, the client will remain liable for the subscription fees until the date of receipt of the equipment.

 

11.5.         In the event of cancelation of the 12-month subscription, the client can opt to move to the month-to-month agreement, via email to office@royalvibehealth.com where a new agreement will be signed. The client agrees:

11.5.1.            That the current month-to-month subscription fee (which monthly subscription fee is higher) will be applied to all invoices from the commencement date of this lease agreement and that all amounts will be due and payable immediately after the invoice for the difference has been sent to the client.

 

11.6.         Wrong Delivery:

11.6.1. In the event that the wrong equipment 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 equipment was not opened and not used. Should the client use the equipment, the client will be held liable for the set-up fee and repackaging of the equipment as well as the costs to return the equipment.

 

11.7.         Defective:

11.7.1. In the event that the equipment is defective, RoyalVibe will replace the equipment, taking into consideration that the client informed RoyalVibe of such defective within 48 (Forty-Eight) hours from receipt of the defective equipment and the equipment is returned to RoyalVibe within 7 (Seven) days.

 

11.8.         Duplicate:

11.8.1.            Should the client claim that he/she was charged multiple times for the same equipment 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.

 

11.9.         Fraudulent or Unrecognizable Transaction:

11.9.1.            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. 

11.9.2.            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. 

 

11.10. Subscription canceled:

11.10.1.        The client claims that RoyalVibe continued to charge the client after a subscription was canceled. The client must inform RoyalVibe thereof within 48 (Forty-Eight) hours from the date upon which the client makes the claim. The client will need to submit all evidence that the client followed the cancellation policy and procedures as stipulated. The client must take note of the cancellation policy in this document.

 

11.11. Equipment  not delivered:

11.11.1.        In the event that the client claims that the equipment was not delivered, the client, before any refund will be applicable, must prove that the shipping address was wrong and that the client followed the equipment as per the track and trace number provided. The client must inform RoyalVibe within 24 (twenty-four) hours from the shipment that the equipment was not received.

 

11.12. Equipment unacceptable:

11.12.1.        The client must inform RoyalVibe of the unacceptable equipment (which does not conform to the required standards and conditions) or any other reason, within 48 (Forty-Eight) hours of receipt thereof and the equipment must be returned within 7 (seven) days.

11.12.2.        The client must provide sufficient proof of the fact that the equipment is unacceptable.

11.12.3.        The client agrees that the equipment cannot merely become unacceptable after the electronic signature of the agreements.

11.12.4.        Once the client used the equipment and failed to return the same within the return policy period, the equipment and related services will be deemed to be accepted by the client, without any conditions thereto. 

 

 

12.               WARRANTY

12.1.         The base unit of the RoyalVibe has a 5 (Five)-year Warranty.

12.2.         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 the client will be for the client’s account. RoyalVibe also takes no responsibility for any damages incurred as a result of courier transporting.

12.3.         The parties agree that all other accessories do not carry a warranty.

 

 

13.               EXCLUSIONS

13.1.         Any damage due to power spikes, or any other damages to the equipment, and/or other neglect and manhandling of the equipment, will not be subject to a warranty. 

 

14.               COPYRIGHT AND INTELLECTUAL PROPERTY.

14.1.         The client agrees that RoyalVibe services, including but not limited to – its equipment s, 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.

14.2.         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.

14.3.         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.

 

 

 

 

15.               TERMINATION BY DEATH /CANCELATION UPON DEATH/REFUNDS

15.1.         Should the client and/or the deceased estate wish to cancel the lease agreement, the client and/or the deceased estate is responsible to return the equipment to the nearest address as provided by ROYALVIBE HEALTH LTD within 48 hours.

15.2.         In the event that the user/client passes away, the client and/or the deceased estate will be held liable for:

15.2.1. Any outstanding amount due; and

15.2.2. A handling fee of $150.00

15.2.3. The client and/or the deceased estate remain liable for the payment of the subscription fee and outstanding payments in respect of the leased equipment until such time that the equipment is returned to the company the client will remain liable for the subscription fees until the date of receipt of the equipment; and 

15.2.4. any damages to the equipment.

 

15.3.         In the eventuality of death, RoyalVibe does not refund the client and/or the deceased, family, and/or any living party for the lease amount or any part thereof.

15.4.         If the equipment is not returned within 14 days and the client or the deceased estate has not elected to continue with the lease of equipment on a subscription basis then, the full retail price will be charged as replacement value.

 

15.5.         The client or the individual liable for the account or the trustee of the deceased estate can:

15.5.1.1.  change the user,

15.5.1.2.  move to a month-to-month agreement, the new agreement will be entered into, at the current standard month-to-month rate.

15.5.1.3.  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 company. In the event that the agreement is ceded to a new owner any disease, including but not limited to, diabetes, Alzheimer’s and cancer may be selected for treatment in respect with this program.

 

 

16.               CONTACT

16.1.         For any questions or queries on any of the above, please direct these in writing to support@RoyalVibehealth.com

16.2.         Please include the following details:

16.2.1. Name and Surname of the client.

16.2.2. Contact Number/s.

16.2.3. RoyalVibe client reference number.

16.2.4. Device number.

16.2.5. A detailed explanation of your inquiry.

16.2.6. Please expect an answer within 48 (Forty-Eight) hours of submission. (The 48 (Forty-Eight)-hour period falls within regular working hours).

 

GENERAL.

17.               DOMICILE AND NOTICES

17.1.         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.

17.2.         Any notice given and any communication or payment made by any party hereto to any other (the “Addressee”) which:

17.2.1.        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;

 

18.               NO WAIVER

18.1.         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. 

 

19.               NO VARIATION

19.1.         No variation of, addition to, consensual cancellation of, or waiver of any right arising in terms of this agreement (including this Clause 27)  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.

 

20.               WHOLE AGREEMENT

20.1.         This agreement constitutes the whole agreement between the parties in relation to the subject matter hereof and no party shall accordingly be bound by any undertaking, representation or warranty not recorded therein.

 

21.               UNDERTAKING TO GIVE EFFECT TO THIS AGREEMENT

21.1.         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.

 

22.               INDULGENCE

22.1.         No relaxation or indulgence granted or given by the company to the client shall be deemed to be a waiver of any of the 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.

 

23.               COSTS

23.1.          All costs and disbursements, including legal costs on the attorney and own client scale incurred by the company in recovering possession of the equipment or in tracing the client and locating the equipment and in collecting or endeavoring to collect all or any amounts payable by the client to the 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 the client and are payable on demand as and when incurred.

23.2.          All costs in respect of documentation and administration fees shall be paid by the client.

 

24.               APPLICABLE LAW

     24.1.         This agreement shall in all respects be governed by and construed in accordance with the laws of the UAE.

 

25.               BEST EFFORTS

25.1.         All services and equipment 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 equipment.

 

26.               CREDIT SCORE

     26.1.         The client consents to the company or its cessionary/ies making inquiries about the client’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 client manages its account including their failure to meet agreed terms and conditions. The client 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 agreement or any law pertaining to the equipment s the client has requested.

27. INCLUDED IN THE 12 MONTH ANNUAL PROGRAM

     

 

28.               REPLACEMENT VALUE – $15 000

 

29.               PAYMENT SCHEDULE

 

TERMS	12 MONTHS
MONTHLY PAYMENT	$788
SETUP FEE	FREE
PERIOD	COMMENCEMENT DATE TO 12 CALENDAR MONTHS AFTER THE ELECTRONIC SIGNATURE
TOTAL VALUE OF LEASE	$9456

 

The client hereby, by clicking accept, constitutes an electronic signature and 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.  

 

Annual contract paid monthly

Subscription Terms

Your subscription begins as soon as your initial payment is processed. Your subscription will automatically renew annually without notice until you cancel. You authorize us to store your payment method(s) and to automatically charge your payment method(s) every month until you cancel. We will automatically charge you the then-current rate for your plan, plus applicable taxes (such as VAT or GST if the rate does not include it), every month of your annual contract until you cancel.

 

We may change your plan’s rate each annual renewal term and we will notify you of any rate change with the option to cancel. If the applicable VAT or GST rate (or other included tax or duty) changes during your one-year term, we will accordingly adjust the tax-inclusive price for your plan mid-term on your next billing date. If your primary payment method fails, you authorize us to charge any other payment method in your account. If you have not provided us a backup payment method(s) and you fail to provide payment or if all payment methods in your account fail, we may suspend your subscription. You can edit your payment information at any time on your Client portal page.

 

Cancellation Terms

You can cancel your subscription at any time by contacting Billing Support. If you cancel within 7 days, a handling fee of $150 is payable on your initial order, you’ll be refunded the amount paid minus the handling fee. Should you cancel after 7 days, you’ll be charged a lump sum amount of 50% of your remaining contract obligation, and your service will continue until the end of that month’s billing period.

 

You agree to send back the equipment immediately upon cancelation, failing a charge of $15 000,00 will be charged to your account within 14 days after cancelation.

 

Refunds

No refunds will be paid after 7 days of the receipt of the equipment.

 

Refunds In case of Death of the customer

Your payment is non-refundable and your service will continue until the end of that month’s billing period if the equipment is returned, alternatively, the subscription will remain active and the monthly fees are due and payable until the equipment is returned.