Last updated: December 21, 2023
We, Benefit Middle East LLC, and our affiliate, subsidiary, and parent companies (collectively, “Benefit”, “us”, “we” or “our”) are excited to provide you with the use of our website, applications, content, and platform (the “Service”). These Terms and Conditions form a legally binding agreement between you and Benefit in relation to your use of the Service. By using the Service or by registering an account for the Service, you expressly understand and agree to be bound by these Terms and Conditions, our Privacy Policy, any additional guidelines provided, and any future amendments of the above mentioned (collectively, the “Agreement”).
The Benefit Services are intended for anyone over the age of eighteen (18). However, if you are between thirteen (13) to seventeen (17) years of age, you may only access and/or use any of the Services with the consent of your parent or guardian. Subscription to the Service is not valid in those jurisdictions where the Service is prohibited by law or by our policies. By using our Service, you represent and warrant that you have the right, authority, and capacity to enter into this Agreement and that you abide by all the terms and conditions of this Agreement.
The BeneFit platform encourages people to be more active. The Benefit APP allows users to exchange active calories for rewards, the Benefit Corporate Wellness software allows clients / corporations to run exciting challenges in the workplace. These Terms of Service (“Terms”) apply to your access and use of the BeneFit platform. You must accept these Terms to create an account and to access or use the BeneFit Platform. If you do not accept these terms, you will not be able to create an account or use the Platform.
By agreeing to these Terms and Conditions you agree that BeneFit may share data with select partners under joint ownership data agreements.
1.1. To use BeneFit and all its functionalities, you will need to register for a BeneFit Account. Please note that in registering for a BeneFit Account, you will need to provide your personal information for registration purposes.
1.2. In relation to your use of the BeneFit platform, you hereby warrant that your use of BeneFit platform is always legal and any registration information you have provided in relation to your BeneFit Account is true and correct. You may deactivate your BeneFit Account in accordance with the instructions in the BeneFit platform User Manual at any time.
1.3. Please keep your log-in information confidential. You accept sole responsibility for your BeneFit Account registration and log-in information. You must inform us immediately of any behavior in relation to an actual or suspected violation of law or unauthorized use of your BeneFit Account. We do not accept liability for any losses incurred as a result of non-compliance with your obligations under this clause.
1.4. You are responsible for all costs relating to the purchase and use of all fitness devices (WEARABLES), including any fees incurred for Internet or data connections, always. Please check the costs of any telecommunications service you may be using for purchase and use of the platform for full details.
2.1. In accordance with the terms of this Agreement, we hereby grant you a non-transferrable, non-exclusive license to download, install and use the BeneFit Platform, subject to the following conditions:
(a) You may not license, sell, lease, transfer, or distribute BeneFit platform in any way or use BeneFit platform for any commercial purpose;
(b) You may not modify, translate, adapt, merge, use, disassemble, improve or reverse engineer any part of BeneFit platform or any of its part or derivatives;
(c) You may not use BeneFit Platform with intent to create a similar or competing product or service;
(d) You may not reproduce, copy, distribute, sell, download or display any part of BeneFit Platform in any medium without our prior written consent;
2.2. You acknowledge that all relevant intellectual property rights in relation to BeneFit are always owned by BeneFit or any authorized persons (if applicable).
3.1. In this Agreement, "User Content" refers to the content you or any user may publish or generate in relation to use of BeneFit platform, including but not limited to your active calories, active minutes, exercise, sleep, body weight, heart rate,steps and images, audio or video files.
3.2. As part of BeneFit’s functionalities, you can share some of your User Content on social media or other websites if you choose to do so. At all times, you are solely responsible for your User Content.
3.3. For all User Content shared by users, we reserve the right to monitor and examine the content based on our sole discretion. We do not bear any obligation to examine or approve any User Content being generated or published by users. You hereby provide consent that we may delete, modify or move your User Content and reserve the right to do so at any time without prior notice.
3.4. From time to time, you may wish to provide suggestions or feedback to us in relation to BeneFit ("Feedback"). For all such Feedback, you assign all the rights to us and agree that we have the right to use the Feedback and related information in a reasonable way. We will treat the Feedback will be non-confidential and non-proprietary. When you give feedback, please ensure that you do not provide any information to us you consider being confidential or proprietary.
4.1. You agree that when using BeneFit platform, you will not do the following, and accept sole legal responsibility for any penalty, losses or other consequences if you do:
(a) Violate the applicable laws and regulations, including the constitution;
(b) Spread (or abet in) obscenities, pornography, gambling, violence, terror or any other crime;
(c) Insult or slander others, or otherwise infringe upon the legitimate rights and interests of others;
(d) Threaten and disrupt state security, social order or incite ethnic discrimination;
(e) Any other action prohibited by law.
4.2. When using BeneFit platform, you agree not to engage in the following:
(a) Transmit or share computer viruses, worms, malware, or any software that intentionally destroy or alter computer systems or data;
(b) Disturb or harm our web servers or web connection, including using BeneFit by automated means or place an undue burden on our servers;
(c) Collect information about other users without authorization, e.g. email addresses;
(d) Attempt to access our server data or communications data without authorization;
(e) Disrupt, whether partially or totally, other users' use of BeneFit.
5.1. This Agreement is effective and remains in force from the date of your acceptance during the period you use BeneFit platform until it is terminated in accordance with this clause. Notwithstanding the foregoing, if you used BeneFit platform before accepting this Agreement, you agree that the Agreement is effective from the date of your first use.
5.2. We may terminate this Agreement at any time without notification for any reason, including but not limited to when we believe in good faith that you have breached the terms of this Agreement or upon receiving notice from a copyright holder or his legal representative that you have violated the copyright of a third party in relation to your use of the BeneFit platform.
5.3. Upon termination of this Agreement, we may terminate your ability to use your BeneFit Account. We may delete your User Content from our active database. We do not have any obligation to you as a result of terminating the Agreement in relation to your BeneFit Account or your User Content.
6.1. We may amend this Agreement from time to time. For any substantial amendments, we will notify you appropriately, whether to your email or by sending a notice linked to BeneFit account. Your continued use of BeneFit account following notice of such amendments constitutes acceptance of the amended terms of the Agreement.
6.2. We reserve the right to modify, retain or terminate any services associated with BeneFit at any time without prior notice. You acknowledge that we shall not bear any liability to you or any third party for the modification or termination of services associated with BeneFit platform.
7.1. Third-Party Services.
You acknowledge that our platform may be based on technical support from third parties, including but not limited to Apple iPhones and Android systems. Please note that this Agreement governs the rights and obligations solely between you and BeneFit and not with any third party. In your use of BeneFit, you may encounter third party information and services. We do not monitor this and shall not be responsible for information or services provided by third parties, and only provide them for your convenience or to fulfill third party's requirements. You must bear full risk on access or use of the above and are bound by any terms and policies the third party may impose in relation to such information or services.
7.2. Interaction with other users.
You may encounter User Content from other users. We do not control such User Content and shall not be liable for any User Content. We do not have any obligation to check, monitor, examine, approve or guarantee for any User Content and any risks from interaction with other users and their User Content is borne fully by you.
As permitted under law, BeneFit, its officers, directors, employees, agents and business partners shall not have any liability whatsoever and whether arising in contract, tort (including negligence), breach of statutory duty or otherwise, whether direct or indirect, for any loss of profit, loss of anticipated savings, loss of business, loss or damage to goodwill or reputation, or any indirect, special, consequential, exemplary, incidental or punitive loss or damages in relation to this Agreement.
BeneFit, its affiliates, subsidiaries, officers, directors, employees, agents, resellers, distributors, vendors and partners disclaim all warranties, whether express or implied guarantees or conditions with respect to your use of BeneFit. You understand that use of BeneFit is on an "as is" basis "with all faults" "as available". BeneFit does not guarantee that your use of BeneFit will be timely, uninterrupted, secure, and error-free or that content loss will not occur. BeneFit does not represent or guarantee that BeneFit will be free from loss, corruption, attacks, viruses, interference, hacking or other security intrusions and BeneFit disclaims any liability relating to any such security intrusion. BeneFit also disclaims any loss caused to users because of third parties, including but not limited to communication line breakdown, technical problems, network and/or computer breakdown, or other force majeure.
To the extent permitted by law, BeneFit excludes all implied warranties, including fitness for a particular purpose, workmanlike effort, and product of satisfactory quality. BeneFit has no obligation to inform you and is not liable for any damage incurred by any user or any third party, whether direct or indirect.
You bear all risks resulting from your use of BeneFit and disclosure of User Content. BeneFit disclaims any liability for any loss or dispute arising from a third party's access or use of BeneFit with your authorization.
Any User Content posted by users does not represent or reflect BeneFit’s policies or viewpoint. You bear sole and full responsibility for your User Content, including any risks of threat, defamation, sedition, offensive or illegal information or activities, causing others psychological, physical or economic loss, etc.
You agree to indemnify and hold harmless BeneFit, its directors, officers, employees and agents from any claim or demand, including any legal costs, made by third parties arising from your breach of this Agreement, any investigation we may conduct for suspected breach of this Agreement. You agree to help BeneFit avoid bearing any lawsuit, complaint, loss, damage, responsibility, cost and fees (including legal fees) from any third party caused by your actions whilst using BeneFit, your User Content or your breach of this Agreement. We reserve the exclusive right to defend claims in relation to BeneFit, and the exclusive right to claim compensation. If you and BeneFit jointly file a lawsuit against a third party, you shall not unilaterally reconcile the claim without written consent from BeneFit.
The BeneFit Privacy Policy below is incorporated into and forms part of this Agreement. Please read the terms carefully and ensure that you understand all the content of the privacy policy.
The BeneFit Privacy Policy below is incorporated into and forms part of this Agreement. Please read the terms carefully and ensure that you understand all the content of the privacy policy.
This Agreement is governed by the Laws of the Emirate of Dubai and the federal laws of the United Arab Emirates as applicable to the Emirate of Dubai. Disputing parties should strive to resolve any disputes in relation to the terms of this Agreement amicably. If an amicable settlement is not possible, the disputing parties agree to submit to the non-exclusive jurisdiction of the courts of the Emirate of Dubai who shall have exclusive jurisdiction.
We do not waive any rights or remedies if we fail to or delay in exercising our rights and remedies under this Agreement. We are not prevented from the further exercise of our rights or remedies after exercise of a single or partial right or remedy. Any waiver of a breach or default under the terms of this Agreement shall not be deemed a waiver of any subsequent breach or default and shall not affect our rights in relation to other terms of this Agreement.
If any term of this Agreement is found to be invalid, illegal or unenforceable for any reason, it will not affect the validity of any other term of this Agreement. The remaining terms of this Agreement shall remain in full force and effect.
This Agreement constitutes the final, entire and exclusive agreement between you and BeneFit in relation to platform, and supersedes all prior agreement, representations or understandings, oral or written, express or implied.
You must not assign any rights or delegate any obligations arising out of this Agreement without our prior written consent. Any assignment in violation of the foregoing will be null and void.
A person who is not a party to this Agreement shall have no right under any legislation of any jurisdiction to enforce any of the terms of this Agreement.
A person who is not a party to this Agreement shall have no right under any legislation of any jurisdiction to enforce any of the terms of this Agreement.
