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This Subscription Plan Agreement (hereinafter referred to as the “Agreement”) is made on the Payment Date, between:
BETWEEN
EFQTV Portal LLC (Thera) a company organized and existing under the laws of the Emirate of Dubai, United Arab Emirates (“EFQTV”), and Utopia Polyclinic LLC a company organized and existing under the laws of the Emirate of Dubai, United Arab Emirates (“UTOPIA”), both EFQTV and UTOPIA are hereinafter referred in this Agreement to as “Service Provider”);
AND
Persons subscribing to this agreement shall be hereinafter referred to as (“Member” or “Client” or “you”).
This Agreement sets forth the terms of your membership in Thera Performance Program (“Subscription Plan”) with Member The Subscription Plan is designed to provide you with direct personalized IV Therapy treatments (“Services”).
INITIAL NOTICES:
NOT HEALTH INSURANCE. THIS AGREEMENT IS NOT HEALTH INSURANCE AND DOES NOT MEET ANY INDIVIDUAL HEALTH INSURANCE MANDATE THAT MAY BE REQUIRED BY DHA, COVERS ONLY LIMITED ROUTINE IV THERAPY INFUSION AS DESIGNATED IN THIS AGREEMENT
Member understands and accepts the above notices:
1. Subscription Plan Options and Membership Fees.
The Clinical Membership [to be defined] offers different Subscription Plan Options, each with a different scope of services and fees. You must select your desired Subscription Plan Option from the available list on Thera website at www.thera.ae. The terms of your selected Subscription Plan Option can be found on Thera website at https://www.thera.ae. Subscription Plan Options may change from time to time, and you will receive at least thirty (30) days’ advance notice of such changes. However, you are entitled to the full scope of your Subscription Plan Option as it existed as of the effective date of your current Subscription Plan Term for the duration of such Membership Term. For any subsequent Renewal Term, you may accept the revised Subscription Plan Options (which may include changes in the Subscription Plan Fee) or reject such changes and terminate your Membership.
You must pay your Subscription Plan Fee in a single. The initial payment must be made before your Subscription Plan commences. Once paid, your Subscription Plan Fee is non-refundable, except as
set forth in the Refund Policy, available on our website “What if I change my mind about my Subscription Plan?”).
2. No Emergency Care; Certain Services and Items Excluded.
If you have an emergency, you must dial 998. Member hereby fully understand that Service Provider does not treat emergencies. It is hereby clearly understood by Member that Service Provider is an independent practice that provides an IV Infusion including the services covered in your chosen Subscription Plan option; but it is not intended as a primary care physician/practitioner practice and, while its practitioners can order prescriptions, ancillary services such as diagnostic tests/x-rays, and laboratory services, it does not provide medications or those services itself. Service Provider is not intended to take the place of your primary care physician.
3. No Insurance Accepted; Self-Payment Only.
Subscription Plan is a direct health care service; it is not health insurance. Subscription Plans are not available to clients who have health insurance coverage through those plans.
You are solely responsible for payment of all fees for the Service Provider services. If you do have health insurance, your insurance policy is a contract between you and your insurance company. It is your responsibility to know your benefits, and how they will apply to your benefit payments. There is no guarantee your insurance company will make any payment to you to reimburse some or all of the cost of the services you have purchased through your Subscription Plan.
4. Subscription Billing.
In order to participate in the Subscription Plan, your Subscription Plan Fee payments will be charged to your credit card on a recurring basis based on the option you choose. You hereby agree to allow -- Service Provider to securely store your credit / debit card information (the “Payment Method”). You authorize the Payment Method to be used automatically for your payment responsibilities to
Service Provider. If a credit card account is being used for a transaction, - Service Provider may obtain preapproval for an amount up to the amount of the payment. If you want to designate a different payment method or if there is a change in your Payment Method information, you can change the information with messaging Service Provider at admin@thera.ae. This may temporarily delay your ability to make online payments while Service Provider verifies the new payment information. You represent and warrant that: (1) any credit / debit card information you supply is true, correct and complete, (2) charges you incur will be honored by your credit/debit card company, (3) you will pay the charges incurred in the amounts posted, including any applicable taxes, and (4) you are the person in whose name the credit / debit card was issued and are authorized to make a purchase or other transaction with the relevant credit / debit card and information. You agree and
authorize the Payment Method to be billed automatically in accordance with the Subscription Plan Fee Payment Schedule in an amount equal to the Subscription Plan Fee in effect for your Membership Term. Your Subscription Plan Fee Payment Schedule is reflected in, or can be selected as part of, the Subscription Plan option you choose when you become a Member or modify your Membership.
If Service Provider unable to secure funds from your debit / credit card(s) for any reason, including, but not limited to, insufficient funds in the debit / credit card or insufficient or inaccurate information provided by you when submitting electronic payment, Service Provider may undertake further collection action, including application of fees to the extent permitted by law and/or, where deemed appropriate, suspension of services.
You have the right to revoke this authorization by contacting Service Provider at admin@thera.ae at least fifteen (15) days prior to the scheduled payment date. You understand that your Subscription Plan may be cancelled or as deemed appropriate, suspended if you revoke this authorization, and you remain responsible for all charges you incur or otherwise owe to Service Provider. This authorization will remain in full force and effect until revoked by you or Service Provider.
5. Term and Termination.
A. Term.
Unless it is terminated earlier in accordance with Section 5.B. of this Agreement, the initial term of this Agreement will be for Member, beginning on the latter of the date that Service Provider executes the Agreement and the date Service Provider receives your initial Clinical Membership Fee payment (the “Initial Term”). Thereafter, this Agreement will automatically renew for successive one (1) month periods (each, a “Renewal Term Month”) or one (1) year periods (each, a “Renewal Term Year”) , unless either you or - Service Provider notifies the other in writing, not less than thirty (30) days prior to the expiration of the Initial Term or the applicable Renewal Term, of the notifying party’s desire not to renew this Agreement. In the event that the Company has provided you timely notice of a change in your Clinical Membership Option or Clinical Membership Fee in accordance with the terms of Section 1, above, then, unless you have provided notice of your desire not to renew for another Renewal Term, the change in subscription plan Option or Clinical Membership Fee will be incorporated into this Agreement beginning at the start of the applicable Renewal Term.
B. Termination. Either you or Service Provider may terminate this Agreement at any time, with or without cause, upon thirty (30) days’ prior written notice. Upon notice of termination, you will be entitled to receive the services included in your selected subscription plan Option until the effective date of termination.
6. Electronic Communications.
By providing your email address, you agree to receive electronic communications via email. You may also elect to receive electronic communications via phone or SMS text messaging by completing the Consent to Receive Text Messages attached to this Agreement and incorporated herein by reference.
7. Privacy and Confidentiality.
Service Provider and its providers will maintain a record of the services they provide you, and will maintain the confidentiality of your medical information in accordance with applicable DHA policies.
8. Entire Agreement; Amendment.
This Agreement, including the addenda and schedules hereto, sets forth the entire agreement between the parties with regard to the subject matter hereof, and supersedes all prior or contemporaneous oral or written agreements regarding the same subject matter. This Agreement may be amended only in writing signed by the parties. Notwithstanding the foregoing, Service Provider may, upon at least thirty (30) days’ notice to you, unilaterally amend the Subscription Plan Fees and Subscription Plan Payment Schedule, effective as of the start of the subsequent Renewal Term, and/or amend this Agreement if required by applicable law. Upon receipt of such notice, you may accept these changes or reject them by terminating your Subscription Plan in accordance with the terms of Section 5 (Termination).
10. Miscellaneous.
A. Governing Law and Jurisdiction:
This Agreement shall be governed by and construed in accordance with the substantive laws of the United Arab Emirates. If any dispute arising out of or in connection with this Agreement representative of each Party will attempt to amicably settle any such dispute by negotiation. If the Parties are unable to settle any dispute arising out of this Agreement within twenty-one (21) days of such dispute, the dispute will be referred to the Dubai courts, United Arab Emirates.
B. No Assignment. You may not assign your rights, duties and obligations under this Agreement without the prior written consent of Service Provider, whose consent may be withheld for any reason. Any attempt to assign said rights, duties and obligations without the prior written consent of Service Provider will be null and void and of no force or effect. Service Provider may assign this Agreement with thirty (30) days advance written notice to you. Counterparts. This Agreement may be executed electronically in one or more counterparts, all of which together shall constitute only one agreement.
C. Limited Liabilities:
Notwithstanding any of the clauses contained in this Agreement, the below shall apply:
i. Liabilities: in all events Service Provider and its affiliates shall not be held liable for any act or omission or consequences or side effects resulting from the Services provided by the Service Provider or acts committed by the Service Provider, subject to this Agreement, nor Service Provider shall be liable or responsible in any way for any accidents, injuries, losses, physical damages/injuries or any other losses or damages whatsoever resulting from the Services under this Agreement, and Member subject to this Agreement hereby fully release Services provided from any liabilities or responsibilities whatsoever resulting from this Agreement and Services, and Member shall indemnify Service Provider accordingly.
ii.No Consequential Damages: Service Provider and its affiliates shall not be liable to the Member subject to this Agreement or to any person or entity for any special, incidental, indirect, consequential, punitive or exemplary damages or losses or injuries, including lost profits, arising out of or relating to this Agreement or the Services or the subject matter hereof, regardless of the form of action and whether or not such Party has been informed of, or otherwise might have anticipated, the possibility of such damages, and that Member has chosen with his/her extreme free will to use the Services of the Service Provider and understood very clearly the side effects and risks involved from using the Services of the Service Provider, and accordingly member has elected to use the Services of the Service provider and Member hereby fully releases Service Provider, its subsidiaries, agents, and assigns from any and all known or unknown claims or liabilities, demands or causes of action that may arise, at any time, out of or relating to the Services or this Agreement or and arising from any breach by Service Provider of this Agreement, and Member shall indemnify Service Provider accordingly.
By click signing this Agreement, I have read, understand, and agree to the terms of this Agreement and Subscription Plan.
