Terms and conditions
Last updated: 2021-05-18
Welcome to Habib (“Company”, “we”, “our”, “us”)!
“AH Care Pharmacy LLC” maintains the https://itshabib.co/ Website (“Site”).
These Terms of Service (“Terms”, “Terms of Service”) govern your use of our website located at Itshabib.co (together or individually “Service”) operated by Itshabib.co.
“United Arab of Emirates is our country of domicile” and stipulate that the governing law is the local law. All disputes arising in connection therewith shall be heard only by a court of competent jurisdiction in U.A.E.
If you do not agree with (or cannot comply with) Agreements, then you may not use the Service, but please let us know by emailing at email@example.com so we can try to find a solution. These Terms apply to all visitors, users and others who wish to access or use Service.
By using our Service, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by emailing at info@Itshabib.co.
3. Contests, Sweepstakes and Promotions
Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material (“Content”). You are responsible for Content that you post on or through Service, including its legality, reliability, and appropriateness.
By posting Content on or through Service, You represent and warrant that: (i) Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms, and (ii) that the posting of your Content on or through Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. We reserve the right to terminate the account of anyone found to be infringing on a copyright.
You retain any and all of your rights to any Content you submit, post or display on or through Service and you are responsible for protecting those rights. We take no responsibility and assume no liability for Content you or any third party posts on or through Service. However, by posting Content using Service you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through Service. You agree that this license includes the right for us to make your Content available to other users of Service, who may also use your Content subject to these Terms.
Itshabib.co has the right but not the obligation to monitor and edit all Content provided by users. Parts of this website offer an opportunity for users to post and exchange opinions and information in certain areas of the website. Itshabib.co does not filter, edit, publish or review Comments prior to their presence on the website. Comments do not reflect the views and opinions of Itshabib.co, its agents and/or affiliates. Comments reflect the views and opinions of the person who post their views and opinions. To the extent permitted by applicable laws, Alma Health Platform Limited shall not be liable for the Comments or for any liability, damages or expenses caused and/or suffered as a result of any use of and/or posting of and/or appearance of the Comments on this website.
Itshabib.co reserves the right to monitor all Comments and to remove any Comments which can be considered inappropriate, offensive or causes breach of these Terms and Conditions.
You warrant and represent that:
You are entitled to post the Comments on our website and have all necessary licenses and consents to do so;
The Comments do not invade any intellectual property right, including without limitation copyright, patent or trademark of any third party;
The Comments do not contain any defamatory, libelous, offensive, indecent or otherwise unlawful material which is an invasion of privacy
The Comments will not be used to solicit or promote business or custom or present commercial activities or unlawful activity.
You hereby grant Itshabib.co a non-exclusive license to use, reproduce, edit and authorize others to use, reproduce and edit any of your Comments in any and all forms, formats or media.
In addition, Content found on or through this Service are the property of Itshabib.co or used with permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said Content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us.
5. Prohibited Uses
You may use Service only for lawful purposes and in accordance with Terms. You agree not to use Service:
0.1. In any way that violates any applicable national or international law or regulation.
0.2. For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content or otherwise.
0.3. To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter,” “spam,” or any other similar solicitation.
0.4. To impersonate or attempt to impersonate Company, a Company employee, another user, or any other person or entity.
0.5. In any way that infringes upon the rights of others, or in any way is illegal, threatening, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity.
0.6. To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of Service, or which, as determined by us, may harm or offend Company or users of Service or expose them to liability.
Additionally, you agree not to:
0.1. Use Service in any manner that could disable, overburden, damage, or impair Service or interfere with any other party’s use of Service, including their ability to engage in real time activities through Service.
0.2. Use any robot, spider, or other automatic device, process, or means to access Service for any purpose, including monitoring or copying any of the material on Service.
0.3. Use any manual process to monitor or copy any of the material on Service or for any other unauthorized purpose without our prior written consent.
0.4. Use any device, software, or routine that interferes with the proper working of Service.
0.5. Introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful.
0.6. Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of Service, the server on which Service is stored, or any server, computer, or database connected to Service.
0.7. Attack Service via a denial-of-service attack or a distributed denial-of-service attack.
0.8. Take any action that may damage or falsify Company rating.
0.9. Otherwise attempt to interfere with the proper working of Service.
We may use third-party Service Providers to monitor and analyze the use of our Service.
7. No Use By Minors
Customers using the website who are Minor /under the age of 18 shall not register as a User of the website and shall not transact on or use the website.
Service is intended only for access and use by individuals at least eighteen (18) years old. By accessing or using Service, you warrant and represent that you are at least eighteen (18) years of age and with the full authority, right, and capacity to enter into this agreement and abide by all of the terms and conditions of Terms. If you are not at least eighteen (18) years old, you are prohibited from both the access and usage of Service.
When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on Service.
You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.
We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.
9. Intellectual Property
Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of Itshabib.co and its licensors. Service is protected by copyright, trademark, and other laws of and foreign countries. Our trademarks may not be used in connection with any product or service without the prior written consent of Itshabib.co.
10. Copyright Policy
We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on Service infringes on the copyright or other intellectual property rights (“Infringement”) of any person or entity.
If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement, please submit your claim via email to info@Itshabib.co, with the subject line: “Copyright Infringement” and include in your claim a detailed description of the alleged Infringement as detailed below, under “DMCA Notice and Procedure for Copyright Infringement Claims”
You may be held accountable for damages (including costs and attorneys’ fees) for misrepresentation or bad-faith claims on the infringement of any Content found on and/or through Service on your copyright.
11. DMCA Notice and Procedure for Copyright Infringement Claims
You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
0.1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright’s interest;
0.2. a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
0.3. identification of the URL or other specific location on Service where the material that you claim is infringing is located;
0.4. your address, telephone number, and email address;
0.5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
0.6. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
You can contact our Copyright Agent via email at info@Itshabib.co.
12. Error Reporting and Feedback
You may provide us either directly at info@Itshabib.co or via third party sites and tools with information and feedback concerning errors, suggestions for improvements, ideas, problems, complaints, and other matters related to our Service (“Feedback”). You acknowledge and agree that: (i) you shall not retain, acquire or assert any intellectual property right or other right, title or interest in or to the Feedback; (ii) Company may have development ideas similar to the Feedback; (iii) Feedback does not contain confidential information or proprietary information from you or any third party; and (iv) Company is not under any obligation of confidentiality with respect to the Feedback. In the event the transfer of the ownership to the Feedback is not possible due to applicable mandatory laws, you grant Company and its affiliates an exclusive, transferable, irrevocable, free-of-charge, sub-licensable, unlimited and perpetual right to use (including copy, modify, create derivative works, publish, distribute and commercialize) Feedback in any manner and for any purpose.
13. Links To Other Web Sites
Our Service may contain links to third party web sites or services that are not owned or controlled by Itshabib.co.
Itshabib.co has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
YOU ACKNOWLEDGE AND AGREE THAT COMPANY SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH USE OF OR RELIANCE ON ANY SUCH CONTENT, GOODS OR SERVICES AVAILABLE ON OR THROUGH ANY SUCH THIRD PARTY WEB SITES OR SERVICES.
WE STRONGLY ADVISE YOU TO READ THE TERMS OF SERVICE AND PRIVACY POLICIES OF ANY THIRD PARTY WEB SITES OR SERVICES THAT YOU VISIT.
14. Disclaimer Of Warranty
THESE SERVICES ARE PROVIDED BY COMPANY ON AN “AS IS” AND “AS AVAILABLE” BASIS. COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THEIR SERVICES, OR THE INFORMATION, CONTENT OR MATERIALS INCLUDED THEREIN. YOU EXPRESSLY AGREE THAT YOUR USE OF THESE SERVICES, THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED FROM US IS AT YOUR SOLE RISK.
NEITHER COMPANY NOR ANY PERSON ASSOCIATED WITH COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER COMPANY NOR ANYONE ASSOCIATED WITH COMPANY REPRESENTS OR WARRANTS THAT THE SERVICES, THEIR CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICES OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
You warrant, represent and undertake that:
you shall fully comply and will at all times continue to fully comply with all applicable laws, statutes and regulations, including, without limitation, all privacy laws and content regulation;
you have full power and authority to enter into these Terms of Sale, and make payment in accordance with these Terms of Sale; and
if you purchase a product on behalf of a business entity, you represent that you are authorised to act on behalf of such business and bind the business to these Terms of Sale.
Subject to clause 14 above, our services are provided to you on an “as is” basis without representations, warranties or conditions of any kind. We disclaim all warranties, conditions and representations of any kind, whether express, implied or collateral, including, but not limited to, all conditions, representations or warranties of merchantability, of fitness for a particular or general purpose, of non-infringement, of compatibility or that our services are secure or error free or will operate without interruption or will be provided in a timely or proper manner or at all.
15. Limitation Of Liability
EXCEPT AS PROHIBITED BY LAW, YOU WILL HOLD US AND OUR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS HARMLESS FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE, HOWEVER IT ARISES (INCLUDING ATTORNEYS’ FEES AND ALL RELATED COSTS AND EXPENSES OF LITIGATION AND ARBITRATION, OR AT TRIAL OR ON APPEAL, IF ANY, WHETHER OR NOT LITIGATION OR ARBITRATION IS INSTITUTED), WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION ANY CLAIM FOR PERSONAL INJURY OR PROPERTY DAMAGE, ARISING FROM THIS AGREEMENT AND ANY VIOLATION BY YOU OF ANY FEDERAL, STATE, OR LOCAL LAWS, STATUTES, RULES, OR REGULATIONS, EVEN IF COMPANY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. EXCEPT AS PROHIBITED BY LAW, IF THERE IS LIABILITY FOUND ON THE PART OF COMPANY, IT WILL BE LIMITED TO THE AMOUNT PAID FOR THE PRODUCTS AND/OR SERVICES, AND UNDER NO CIRCUMSTANCES WILL THERE BE CONSEQUENTIAL OR PUNITIVE DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE PRIOR LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Furthermore, Nothing in these Terms of Sale shall limit or exclude a party’s liability:
for fraud, including fraudulent misrepresentation, perpetrated by that party;
for death or personal injury caused by the negligence of that party; or
for any other liability that cannot be limited or excluded under applicable law.
Subject to the clause above, in no event will we, our parent company, subsidiaries and affiliates, and our and their directors, officers, agents, employees, suppliers, subcontractors or licensors be liable, whether based on an action or claim in contract, tort, negligence, breach of statutory duty or otherwise arising out of or in relation to these Terms of Sale for loss of profits, loss of data or information, business interruption or other pecuniary loss or for any special, indirect, incidental or consequential damages, even if we, our affiliates, directors, officers, agents, employees, licensors, subcontractors or suppliers have been advised of the possibility of such damages.
In addition, to the extent permitted by applicable law, we (including our parent company, subsidiaries and affiliates and our and their directors, officers, agents, employee, suppliers, subcontractors or licensors) are not liable, and you agree not to hold us responsible, for any damages or losses resulting directly or indirectly from:
supplying the products late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it or making payment as required;
reliance by you on the content or other information provided on the Site with respect to the product you order;
your use of or your inability to use the ordered product;
delays or disruptions to our Site or our services;
viruses or other malicious software obtained from the use of the ordered product;
damage to your hardware device from the use of your ordered product; or
your loss of or inability to do business or similar as a result of our inability to deliver the product to you.
You agree to indemnify and hold us, our parent company, subsidiaries and affiliates and our and their directors, officers, agents, employee, suppliers, subcontractors or licensors harmless from and against any losses, damages and expenses (including legal fees and attorney’s fees) arising out of or relating to:
any claims or demands made by any third party due to or arising out of your use of the Site and our services;
your violation of any of provisions of these Terms of Sale, including, without limitation, any of the warranties, representations and undertakings; or
your violation of any applicable laws.
We may terminate or suspend your account and bar access to Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of Terms.
If you wish to terminate your account, you may simply discontinue using Service.
All provisions of Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
17. Governing Law
These Terms shall be governed and construed in accordance with the laws of the United Arab Emirates, which governing law applies to agreement without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service and supersede and replace any prior agreements we might have had between us regarding Service.
18. Changes To Service
We reserve the right to withdraw or amend our Service, and any service or material we provide via Service, in our sole discretion without notice. We will not be liable if for any reason all or any part of Service is unavailable at any time or for any period. From time to time, we may restrict access to some parts of Service, or the entire Service, to users, including registered users.
19. Amendments To Terms
We may amend Terms at any time by posting the amended terms on this site. It is your responsibility to review these Terms periodically.
Your continued use of the Platform following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.
By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use Service.
20. Waiver And Severability
No waiver by Company of any term or condition set forth in Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Company to assert a right or provision under Terms shall not constitute a waiver of such right or provision.
If any provision of Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of Terms will continue in full force and effect.
BY USING SERVICE OR OTHER SERVICES PROVIDED BY US, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE AND AGREE TO BE BOUND BY THEM.
22. Order Acceptance
Supplier. Each product in your order is sold either by us or by the local or international seller.
Order Acceptance. Our acceptance of your order will take place when we notify you of our acceptance in writing (e.g. by email or mobile messaging), or verbally over a phone call / voice message. If we are unable to accept your order, we will inform you of this in writing or through a call and will not charge you for the product.
Payment. By placing an order, you authorise us or our third-party payment processer to process your credit/debit card details for the amount of your order. We accept payment by,
via your wallet; or
cash on delivery (an amount not exceeding AED 1,500)
In order to authorise credit/debit card payments, we may be required to create an account for you with our third-party payment processors, including accepting their standard terms and conditions and submitting your details to them on your behalf. You hereby authorise us to do so and we shall not be liable to you for any damage or loss you may incur as a result.
Visa or MasterCard debit and credit cards in AED, SAR and EGP will be accepted for payment.
We may remove or add cards or other payment methods that we accept at any time without prior notice to you.
We will not trade with or provide any services to OFAC (Office of Foreign Assets Control) and sanctioned countries in accordance with the law of UAE.
Cardholder must retain a copy of transaction records and Merchant policies and rules
User is responsible for maintaining the confidentiality of his account
Cancelling Order. You may cancel your order within 2 hours of placing it or prior to receiving insurance approvals on ordered medications.
Our Cancellation. We may cancel your order(s) if:
you do not make any payment to us when it is due;
you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products; or
you do not, within a reasonable time, allow us to deliver the products to you or collect them from us; or
you attempt to bulk or multi-order purchase in accordance with clause, below.
order(s) not being capable of fulfilled due to product(s) not being available.
Bulk/Multiple Purchasing. We reserve the right to reject any orders, at our sole discretion, where we detect bulk purchasing or multiple units of similar products being purchased.
Delivery Costs: Free anywhere in the Emirate of Abu Dhabi, up to AED 50 per delivery outside the emirate of Abu Dhabi. The costs of delivery will be as displayed to you on our app.
Delivery Date: Within 24 hours in the city of Abu Dhabi, and up to 48 – 72 hours for any location outside the city of Abu Dhabi. This information will be displayed to you on our app.
Deliveries are done by 3rd party couriers and may need to contact you for delivery details such as locations and timings.
if our supply of the product is delayed by an event outside of our control, then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay;
if no one is available at your address to take delivery and the products cannot be posted through your letterbox, we will notify you of how to rearrange delivery or collect the product;
if you do not collect the product from us as arranged or if, after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot, we will contact you for further instructions. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection, we will cancel your order.
ID Requirement Upon Delivery. We may, at our sole discretion, make any inquiry we deem necessary to verify your identity and/or ownership of your financial instruments by requesting that you provide us with further information or documentation, including, but not limited to requesting a form of identification and/or credit card. If we are unable to verify or authenticate any information you provide, we have the right to refuse delivery and cancel the order.
Title to Products. A product will be considered owned by you and your responsibility from the time we deliver the product to the delivery address and you have paid for the product.
Invoice. We will issue an electronic invoice for your purchase and send such invoice to the email address you provided to us.
You may request to return an order if:
You have received a wrong product;
You have received a product that is not as described on the Site; or
You have received a damaged product.
We accept returns within 2 days of receipt,
In the case where a return is requested, the conditions of return are that the product(s) is unused, in original unbroken packaging and includes all tags. In the case of a damaged product there should be sufficient proof.
Non-returnable Products. You do not have a right to return, replace or exchange products in respect of:
products that have been used or damaged by you or are not in the same condition as you received them;
any consumable product which has been used or installed;
products with tampered or missing serial numbers.
Contacting Us (arrange a Return). You may contact us through email, social media
For delivered products, we will refund to you the product amount (excluding the amount paid for the original shipping fees) in full plus the cost of return:
if your reason for return is due to an error on our side, such as an error in pricing or description, a delay in delivery etc.
In all other circumstances, we will refund the product amount (excluding the amount paid for the original shipping fees) and you may pay the costs of return shipping.
For products not delivered, you will receive a full refund if you cancel the order under clause 22;
Refund Procedure. We will issue a refund to you depending on the method you used for payment, as follows:
Refunds will be done only through the Original Mode of Payment
if you paid by cash on delivery, we will issue a refund to your wallet; or
if you paid by credit/debit card, you can choose to have a refund by credit/debit card or to your wallet.
If the payment was done through insurance provider, then there will NOT be a refund
Refund Timescale. Your refund will be initiated once your product is received back in our fulfilment center and inspected by our team, and the final refund will be received by you as follows:
if the refund is to your credit/debit card, within thirty (30) days from the day on which we receive the product back in our customer fulfilment center;
if your refund is to your wallet, you will receive the refund immediately after your product is received back in our fulfilment center and inspected by our team; or
if you have cancelled your order before shipping, an automated refund will be provided back to you.
By creating an account and using our services, especially for but, not limited to, doctor consultations you agree to provide consent for receiving and providing healthcare services.