You agree that you have read and understood the terms of this Agreement
You accept and agree to be bound by the terms of this Agreement
You accept and agree to abide by all laws and regulations applicable to the subject matter of this Agreement.
IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT ACCESS OR OTHERWISE USE THE SITE OR PARTICIPATE IN THE REWARDS PROGRAM OR REVIEWS PROGRAM, OR DISCLOSE TO US ANY PERSONAL INFORMATION.
We may update these Terms of Use from time to time by notifying you of such changes by any reasonable means, including by posting a revised Terms of Use through the Penapro Site. Any such changes will not apply to any dispute between you and us arising prior to the date on which we posted the revised Terms of Use incorporating such changes or otherwise notify you of such changes. You agree that it your responsibility to regularly check Penapro.com for any updated Terms of Use. In addition, by continuing to use or access any of the Penapro Site or otherwise engaging with Penapro after we post any changes, you accept the updated Terms of Use. The “Last Updated” legend above indicates when these Terms of Use were last changed.
RISK OF LOSS AND TITLE TRANSFER
All purchases of products are made pursuant to the respective terms designated upon order placement. Title for any products purchased by you will transfer upon our delivery to the carrier.
MATERIALS ON PENAPRO
SITE NO MATERIALS OR CLAIMS MADE ABOUT SPECIFIC PRODUCTS ON OR THROUGH THE SITE ARE INTENDED TO SUBSTITUTE FOR THE DIAGNOSIS, TREATMENT AND ADVICE OF A MEDICAL PROFESSIONAL, AND SUCH MATERIALS DO NOT COVER ALL POSSIBLE USES, PRECAUTIONS, SIDE EFFECTS, AND INTERACTIONS, AND SHOULD NOT BE CONSTRUED TO INDICATE THAT ANY DRUG IS SAFE OR EFFECTIVE FOR YOU. CONSULT THE PRODUCT INFORMATION (INCLUDING PACKAGE INSERTS) REGARDING DOSAGE, PRECAUTIONS, WARNINGS, AND INTERACTIONS, AND YOUR MEDICAL PROFESSIONAL, FOR GUIDANCE BEFORE USING ANY PRESCRIPTION OR OVER-THE-COUNTER DRUG. THE PENAPRO ENTITIES ASSUME NO RESPONSIBILITY FOR ANY CONSEQUENCE RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION YOU TAKE BASED ON THE MATERIALS.
PLACING AN ORDER
You represent and warrant that you have the right to use any credit card or other means of payment that you provide to us. By providing payment card information to us, you authorize us to store and use the card as a payment method for purchases made through your Penapro.com account, including on Penapro affiliated sites and properties which you access via your Penapro.com account credentials. Penapro participates in account update services offered by some banks. If your bank participates in account updater services, these services will automatically update your card number or expiration date in our system when it changes. If you do not want to have your cards automatically updated, you can opt out of these services by contacting your issuing bank. All billing information you provide to us must be truthful and accurate. Providing any untruthful or inaccurate information is a breach of these Terms of Use and may result in cancellation of your order. Prior to accepting an order we may also request additional information from you. Verification of information may be required prior to the acknowledgment or completion of any purchase. We reserve the right to refuse or cancel an order for any reason including limitations on quantities available for purchase, inaccuracies, or errors in product or pricing information, or problems identified by our credit and fraud avoidance department. If your order is canceled after your credit card (or other payment account) has been charged, we will issue a credit to your credit card (or other applicable payment account) in the amount of the charge. We will attempt to contact you if all or any portion of your order is canceled or if additional information is required to accept your order. Penapro may request a pre-authorization for some orders placed online with a credit or debit card. This pre-authorization will not be billed to you; however, your card issuer may hold this amount for a short period. Your card issuer determines the length of time the pre-authorization is held. We do this to ensure that the card details are still valid and that you have sufficient funds to complete the transaction. By confirming your purchase at the end of the checkout process, you agree to accept and pay for the Products, as well as all shipping and handling charges and applicable taxes. Penapro reserves the right, including without prior notice, to limit the quantity of items purchased per person, per household, or per order for any reason. We will attempt to notify you should such limits be applied. Penapro also reserves the right, at our sole discretion, to prohibit sales to dealers or resellers. In addition to any other remedies available to it, Penapro may in its sole discretion restrict or terminate your account, or cancel or refuse orders for violations of, or abuse of the Penapro returns policy.
PROMOTIONS
Any sweepstakes, contests, raffles, surveys, games, or similar promotions (collectively, “Promotions”) made available through the Penapro Site may be governed by rules that are separate from or supplement these Terms of Use. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms of Use, the Promotion rules will govern.
USE OF PROMOTIONAL CODES
Promotional codes are limited in nature and may expire or be discontinued with or without notice. Promotional codes are void where prohibited by law. Promotional codes may not be copied, sold, or otherwise transferred. They are not redeemable for cash and are subject to cancellation or change at any time for any reason without notice. We reserve the right in our discretion to impose conditions on the offering of any promotional code.
REVIEWS
To be eligible to receive Rewards Credits you must have previously purchased the product from Penapro and your review must comply with Penapro’s User Generated Content Guidelines. Deliberately fake content, copied or stolen content, off-topic reviews, defamatory language, personal attacks, and unnecessary or incorrect content are all in violation of our UGC Guidelines. You may receive a Reward Credit for each eligible review You post whether that review is positive or negative. You can find more information about reviews and Rewards Credits in the FAQ’s.
SHIPPING AND DELIVERY
Products will be shipped to an address designated by you, if applicable, so long as such address is complete and complies with the shipping restrictions contained on the Penapro Site. All transactions are made pursuant to a shipping contract, and, as a result, risk of loss and title for Products pass to you upon delivery of the Products to the carrier. Estimated delivery times are determined based on the country destination of delivery of the products and vary from one country to another.
EXPORT OF PRODUCTS OUTSIDE UNITED ARAB EMIRATES
You acknowledge that goods licensed or sold on the Penapro Sites, are subject to the customs and export control laws and regulations of the United Arab Emirates and may also be subject to the customs and export laws and regulations of the country in which the products are manufactured and/or received, and you agree to comply with all applicable laws. You will be responsible for any and all tax liability and any applicable taxes in your home country including the tax paid on your behalf to the local authority in your home country for any product you receive. HoilioCare has the right to claim back the tax paid on your behalf unless otherwise mentioned by Penapro. It is your responsibility to determine what taxes apply to the payments you receive, and it is your responsibility to collect, report and remit the correct tax to the appropriate tax authority.
PRIVACY
You acknowledge that any personal information that you provide through the Penapro Sites will be used by Penapro in accordance with Penapro’s Privacy Policy, which may be updated by Penapro from time to time. If you purchase an item on Penapro.com sold by a Marketplace Retailer or a Penapro supplier, Penapro may share certain information with that Marketplace Retailer or supplier to permit the Marketplace Retailer or supplier, as applicable, to fulfill and ship your order, process returns, and provides customer service. You authorize your wireless operator to disclose to Penapro and its third-party service providers your mobile number, name, address, email, network status, customer type, customer role, billing type, mobile device identifiers (IMSI and IMEI) and other subscriber status and device details, if available, solely to verify your identity and prevent fraud for the duration of the business relationship. You may also have elected to receive marketing and promotional SMS messages (including text messages) from us. Your consent to receive marketing and promotional SMS messages is not required to purchase goods or services. If you have elected to receive SMS marketing messages, we will send you an SMS to confirm your election. You certify, warrant and represent that the telephone number you have provided to us is your contact number and not someone else’s. You represent that you are permitted to receive calls and text messages at the telephone number you have provided to us. You agree to promptly alert us whenever you stop using a telephone number. Penapro may use such means of communication described in this section even if you will incur costs to receive such messages, text messages, e-mails or other means, which may occur.
INTELLECTUAL PROPERTY
No license, right, title, or interest in the Penapro Sites or any Materials is transferred to you as a result of your use of the Penapro Sites or your accessing, viewing, downloading, or printing of the Materials. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell, or participate in any sale of or exploit in any way, in whole or in part, any of the Materials or the Penapro Sites. The Penapro Sites and Materials may be used only as a personal shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the Penapro Sites and the Materials is strictly prohibited. The compilation (meaning the collection, arrangement, and assembly) of the Penapro Sites and Materials is the exclusive property of Penapro and is also protected by U.A.E. and international copyright laws.
DISCLAIMER OF WARRANTIES
THE PENAPRO SITES, AND ALL CONTENT, MATERIALS, PRODUCTS, SERVICES, FUNCTIONALITY, AND OTHER ITEMS INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE PENAPRO SITES, AND/OR PENAPRO STORE LOCATIONS, ARE PROVIDED BY PENAPRO ON AN “AS IS” AND “AS AVAILABLE” BASIS. NO PENAPRO ENTITY MAKES ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE PENAPRO SITES OR THE CONTENT, MATERIALS, PRODUCTS, SERVICES, FUNCTIONALITY, OR OTHER ITEMS INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PENAPRO ENTITIES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LOSS OF GOOD WILL, LOSS OF USE, LOSS OF DATA, COST OF PROCURING SUBSTITUTE GOODS, SERVICES OR INFORMATION, LITIGATION OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF PENAPRO ENTITIES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATIONS OF LIABILITY SET FORTH HEREIN ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE ARRANGEMENT BETWEEN PENAPRO AND YOU. THE PRODUCTS, INFORMATION, PROGRAMS AND SERVICES OFFERED ON AND THROUGH THE SITE WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. SUBJECT TO THE FOREGOING, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW: (I) IF YOU ARE A CUSTOMER, THE MAXIMUM LIABILITY OF PENAPRO ENTITIES SHALL BE LIMITED TO THE AMOUNT PAID BY YOU FOR ANY PRODUCT, INFORMATION OR SERVICE PURCHASED BY YOU FROM PENAPRO ON THE SITE, AND (II) IF YOU ARE A PARTICIPANT IN ANY PROGRAM, THE MAXIMUM LIABILITY OF PENAPRO ENTITIES SHALL BE LIMITED TO THE AMOUNT CREDITED OR PAID TO YOU BY PENAPRO UNDER THE APPLICABLE PROGRAM DURING 12 MONTHS PRIOR TO THE DATE LEADING TO LIABILITY. WE MAKE NO GUARANTEE OR WARRANTY WITH RESPECT TO ANY PRODUCTS OR SERVICES SOLD. WE ARE NOT RESPONSIBLE FOR ANY DAMAGES FOR INFORMATION, PRODUCTS, OR SERVICES PROVIDED BY THIRD PARTIES EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
TERMINATION
These Terms of Use are effective unless and until terminated by either you or Penapro. You may terminate these Terms of Use at any time, provided that you discontinue any further use of the Penapro Sites. We also may terminate these Terms of Use at any time and may do so immediately without notice, and deny you access to the Penapro Sites, if in our sole discretion you fail to comply with any term or provision of these Terms of Use. Upon any termination of these Terms of Use by either you or Penapro, you must promptly destroy all Materials and other Content downloaded or otherwise obtained from the Penapro Sites, as well as all copies of such Content, whether made under these Terms of Use or otherwise. We reserve the right to terminate any account if your order is deemed fraudulent or credit card charges are disputed. You agree that we may terminate or suspend your access to all or part of the Site, with or without notice, for any conduct that we, in our sole discretion, believe is in violation of any part of this Agreement, laws or regulations or is harmful to another user or us or our affiliates. The following shall survive any termination of the Agreement either by us or you; Privacy, Liability Disclaimer, Severability; Interpretation, and Miscellaneous. INDEMNIFICATION You agree to defend (at Penapro’s option), indemnify, and hold the Penapro Entities harmless from and against any and all liabilities, claims, damages, costs, and expenses, including attorneys’ fees and costs, arising from or related to your misuse of the Penapro Sites or any breach by you of these Terms of Use. Penapro reserves the right, at our expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and, in any case, you agree to cooperate with Penapro if and as requested by Penapro in the defense and settlement of such matter.
DISPUTES AND ARBITRATION
Using or accessing the Penapro Sites constitutes your acceptance of this Arbitration provision. Please read it carefully as it provides that you and Penapro will waive any right to file a lawsuit in court or participate in a class action for matters within the terms of the Arbitration provision. EXCEPT FOR DISPUTES THAT QUALIFY FOR SMALL CLAIMS COURT, ALL DISPUTES ARISING OUT OF OR RELATED TO THESE TERMS OF USE OR ANY ASPECT OF THE RELATIONSHIP BETWEEN YOU AND PENAPRO, WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION, OR ANY OTHER LEGAL THEORY, WILL BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY, AND YOU AGREE THAT PENAPRO AND YOU ARE EACH WAIVING THE RIGHT TO SUE IN COURT AND TO HAVE A TRIAL BY A JURY. YOU AGREE THAT ANY ARBITRATION WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED AND YOU ARE AGREEING TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION. These Terms of Use and any non-contractual rights or obligations arising out of or in connection with it shall be governed by and construed in accordance with the laws of the United Arab Emirates, as applied in the Emirate of Dubai. Contact Us If you have any questions about this Agreement, contact us at info@penapro.com.