Terms & Conditions | Dr Earth

1. Interpretation:

The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

2. Definitions: For the purposes of these Terms and Conditions:

Affiliate means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.

Carbon Credit is a permit that allows the owner to emit a certain amount of carbon dioxide or other greenhouse gases.

Carbon Offset broadly refers to a reduction in GHG emissions or an increase in carbon storage that is used to compensate for emissions that occur elsewhere.

Company (referred to as either "the Company", “Dr. Earth”, "We", "Us" or "Our" in this Agreement) refers to Save Earth Technologies Limited (Trade Name Dr. Earth), licensed by Abu Dhabi Global Market.

Currency refers to AED (United Arab Emirates Dirhams). All transactions will be conducted in United Arab Emirates in AED. Dr. Earth is not liable for any loss due to currency conversion or related bank charges.

Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.

Service refers to the Digital Platforms (Webstore, Mobile Apps).

Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third party that may be displayed, included or made available by the Service.

Digital Platforms refers to https://dr-earth.com & Dr. Earth Mobile App available in App Store (IOS) and Google Play (Android) (“Digital Platforms”).

You refers to the individual accessing or using the Service or the Company/ legal entity on behalf of which the individual is accessing or using the Service, as applicable.

3. Acknowledgment: These User Agreement set out the rights and obligations of all users regarding the use of the Service.

a. Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy and Terms and Conditions of the Company. Our Privacy Policy describes our policies and procedures on the collection, use and disclosure of your personal information when you use the Application or the Digital Platforms and tells you about your privacy rights and how the law protects you. Please read them carefully before using our Service.

b. For every environmentally sustainable action (reuse, recycle, conserve, contribute) you take on Dr. Earth, you may be granted points at the sole discretion of Dr. Earth. Dr. Earth has currently named these points as Earth$oins and has the complete authority to rename them in future. The amount of Earth$oins granted differs from activity-to-activity, geography and time when activity is done based on estimate.

c. You may be eligible for certain Rewards that may change from time to time, which may be made available for limited times, at sole discretion of Dr. Earth. Dr. Earth reserves the right to modify these Rewards at any time or modify the Earth$oins required for the Rewards, without notice to you, so it is important to check the details periodically.

d. You can redeem Earth$oins for availing Amazing Rewards from our Reward Partners, from us directly or for availing reuse facilities.

e. Rewards received through Earth$oins Redemption is nonrefundable.

f. Your Account page lists your Earth$oins balance history, which displays the dates Earth$oins were earned and redeemed.

4. Accounts and membership: For Users below 18 years, we require the involvement of your parent or guardian, requiring parental permission. If you create an account on the Digital Platforms, you declare your responsibility for maintaining the security of your account; and you are fully responsible for all the activities that occur under the account and any other actions taken in connection with it. We may monitor and review new accounts before you may sign in and start using the Services to ensure compliance in all Company’s terms and conditions. Providing false contact information of any kind may result in the termination of your account. You must immediately notify us of any unauthorized uses of your account or any other breaches of security. We will not be liable for any acts or omissions by you, including any damages incurred as a result of such acts or omissions. We may suspend, disable or delete your account (or any part thereof) if we determine that you have violated any provision of this Agreement or that your conduct or content would tend to damage our reputation and goodwill. or if we find information submitted/reported by you is not genuine. If we delete your account for the foregoing reasons, you may not re-register for our Services. We may block your email address and Internet protocol address to prevent further registration. In accordance with the Federal Decree Law No. 46 of 2021 Regarding Electronic Transactions and Trust Services, digital signatures carry the same weight as a handwritten signature facilitates civil, commercial and personal transactions.

5. User content: We do not own any data, information or material (collectively, "Content") that you submit on the Digital Platforms in the course of using the Service. You shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use of all submitted Content. We may monitor and review the Content on the Digital Platforms submitted or created using our Services by you. You grant us permission to access, copy, distribute, store, transmit, reformat, display and perform the Content of your user account solely as required for the purpose of providing the Services to you. Without limiting any of those representations or warranties, we have the right, though not the obligation, to, in our own sole discretion, refuse or remove any Content that, in our reasonable opinion, is irrelevant to Dr. Earth or violates any of our policies or is in any way harmful or objectionable. You also grant us the license to use, reproduce, adapt, modify, publish or distribute the Content for commercial, marketing or any similar purpose.

6. Acceptable Usage Policy: As part of Dr. Earth’s Acceptable Usage Policy, you agree not to use the information, Services or any other part of Dr. Earth to take any action or actions that:

a. are contrary to Dr. Earth’s public image, goodwill or reputation;

b. promote any illegal product / activity or content, including without limitation child or animal abuse, violence, illegal drug use, and underage drinking;

c. infringe on our or any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;

d. express or imply that any of your statements, activities or causes are endorsed by us, without our prior written consent in each instance;

e. violate any applicable law, statute, ordinance or regulation, or encourage any conduct that could constitute a criminal offense or give rise to civil liability;

f. are libelous, defamatory, threatening, harassing, invasive of privacy, abusive, tortious, hateful, discriminatory, pornographic or obscene;

g. transmit any trade secrets or other material, non-public information about any person, company or entity without the authorization to do so;

h. restrict or inhibit any other visitor from using Dr. Earth, including, without limitation, by means of "hacking" or defacing any portion of the Digital Platforms;

i. modify, adapt, sub-license, translate, sell, reverse engineer, decompile, or disassemble any portion of Dr. Earth;

j. remove any copyright, trademark, or other proprietary rights notices contained in Dr. Earth;

k. sublicense, sell, rent, lease, transfer, assign, or convey any rights under the Terms to any third party, or otherwise commercially exploit or profit from the information or content of Dr. Earth or any portion thereof, in any manner whatsoever, except as expressly permitted herein;

l. "frame" or "mirror" any part of Dr. Earth without our prior written authorization;

m. distribute any virus, worm or other similar or deleterious files, scripts or programming routines;

n. interfere with or disrupt any services or equipment with the intent of causing an excessive or disproportionate load on the infrastructure of Dr. Earth or its licensors or suppliers;

o. involve the preparation or distribution of non-related home design, remodeling, services content, junk mail, spam, chain letters, pyramid schemes, or other deceptive or unsolicited bulk or commercial email;

p. use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine" or in any way reproduce or circumvent the navigational structure or presentation of Dr. Earth or its contents, authentication and security measures;

q. forge headers or otherwise manipulate identifiers in order to disguise the origin of any submission;

r. execute any form of network monitoring or run a network analyzer or packet sniffer or other technology to intercept, decode, mine or display any packets used to communicate between Dr. Earth servers or any data not intended for you;

s. harvest or collect information about any Dr. Earth visitors or users without their express consent; and/or

7. User Profile Policy: By registering an account on the Digital Platforms, you acknowledge and agree to the following:

a. To use the full functionality of the Digital Platforms you need to register and create a profile. During registration you will be requested to provide your Personal Information. You hereby agree to take responsibility, maintain, and update the accuracy of your information. The provided information will be subject to our Privacy Policy.

b. Dr. Earth at its own discretion may change the Digital Platforms design, content, services and features.

c. You hereby affirm that you have the ownership and all rights enabling you to use your Content on the Digital Platforms and to grant us and our affiliates, licensees and sublicensees the full, non-exclusive, perpetual, worldwide, irrevocable rights to use your Content in any way we deem appropriate, without any limitation and to the full extent allowed by the applicable law.

d. We reserve the right to permanently or temporarily suspend your Digital Platforms usage or terminate your account at any time without any notice or liability to you. Such actions could occur if you violate the Terms or at our sole discretion. You may close your account at any time by going to account settings and deactivating your account.

e. You hereby agree to take full responsibility if you opt to use or hire professional(s) or companies if listed on our directory for their services and acknowledge that Dr. Earth is not responsible nor warrant in any way the accurate fulfillment of the contracted services between you and the hired professional(s) or companies. Please note that we do not run background checks on the professionals or companies listed on the Digital Platforms nor do we endorse or guarantee them. We encourage you to run your own background checks, and check the licenses.

f. Rewards/programs are offered by our Network Partners, you agree to expressly waive any claim against us for any issue or damage or injury etc. caused by act of our Network Partners.

g. Companies displayed on our directory are paid placements.

h. You are granted a limited non-exclusive license to use our Digital Platforms. You agree that you are only allowed to use the Digital Platforms for your own personal use, that you shall not use the Digital Platforms for any commercial use whatsoever.

i. By agreeing to these Terms, you agree to receive communication such as but not limited to advertisements, promotions, existing feature updates or new features from Dr. Earth in the form of emails, calls, messages or notifications. If you wish to stop receiving such communication, you can unsubscribe by updating your profile settings or follow the instructions provided in the email.

8. Ownership, Intellectual property rights (Copyright and Trademark):

Ownership of Carbon Credit generated from Carbon Offset activity directly or indirectly done / registered on the site by the User or Earth$oins availed by the Users, exclusively belongs to Dr. Earth and under no event You can claim any benefit assigned with Carbon Offset.

Dr. Earth can sell or assign Carbon Credit at its discretion.

Dr. Earth owns the intellectual property rights upon the Digital Platforms and all its material such as but not limited to the Digital Platforms’ logo, brand, software, and content. For the avoidance of doubt, we have full ownership of all Digital Platforms’ material. Consequently, total or partial, direct or indirect, reproduction, modification, distribution, adaptation, loaning, renting, leasing, subleasing, licensing, sublicensing, selling, or exploiting in any way the Digital Platforms or the material contained it on any medium whatsoever, the use of such materials and the fact to make them available to third parties are formally prohibited.

a. If you believe in good faith that any of the content hosted on our Digital Platforms violates or infringes your ownership, intellectual property, copyright or trademark rights, you or your representative may email us on [email protected] requesting the removal of such content. For us to respond to your request it must include: 1) enough information to enable us to locate this content claimed to be infringing your rights on our Digital Platforms, 2) proof of your ownership of the content claimed to be infringing your rights, 3) in case you are requesting the removal of the content on behalf of its’ owner, proof that you are authorized to act on behalf of the owner. We reserve the right not to remove such content if we do not receive the requested information or if we do not agree with your claim or allegation, and in this case, we will only remove the content pursuant to a court order. We strongly advise you to consult your legal advisor before requesting or filing such claims, because penalties or legal actions can be taken against proven false claims.

9. Advertisements: During your use of the Digital Platforms and Services, you may enter into correspondence with or participate in promotions of advertisers or sponsors showing their goods or services through the Digital Platforms and Services. Any such activity with their respective terms, conditions, warranties or representations associated are solely between you and the applicable third party. We shall have no liability, obligation or responsibility for any such correspondence, purchase or promotion between you and any such third party.

10. Third party services: If you decide to enable, access or use third party services, be advised that your access and use of such other services are governed solely by the terms and conditions of such other services, and we do not endorse nor are we responsible or liable for, nor do we represent any aspect of such other services, including, without limitation, their content or the manner in which they handle data (including your data) or any interaction between you and the provider of such other services. You irrevocably waive any claim against Dr. Earth with respect to such other services. Dr. Earth is not liable for any damage or loss caused or alleged to be caused by or in connection with your enablement, access or use of any such other services, or your reliance on the privacy practices, data security processes or other policies of such other services. You may be required to register for or log into such other services on their respective Digital Platforms. By enabling any other services, you are expressly permitting Dr. Earth to disclose your data as necessary to facilitate the use or enablement of such other services.

11. Billing and payments (when applicable): You shall pay all the required fees or charges to your account in accordance with terms in effect at the time it is due and payable. We will employ a third-party service provider to process debit and credit card payments as well as the other payment structures available at our platform.

12. Accuracy of information: Occasionally there may be information on the Digital Platforms that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, availability, promotions and offers. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information if any information on the Digital Platforms or Services is inaccurate at any time without prior notice. We undertake no obligation to update, amend or clarify information on the Digital Platforms, except as required by law. No specified update or refresh date applied on the Digital Platforms should be taken to indicate that all information on the Digital Platforms or Services has been modified or updated.

13. Links to other resources: Although the Digital Platforms and Services may link to other resources (such as Digital Platforms’, mobile applications, etc.), we are not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with any linked resource, unless specifically stated herein. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any businesses or individuals or the content of their resources. We do not assume any responsibility or liability for the actions, products, services, and content of any other third parties. You should carefully review the legal statements and other conditions of use of any resource, which you access through a link on the Digital Platforms and Services. Accessing and using any other off-site resources is at your own risk.

14. Miscellaneous

a. Limitation of liability: To the fullest extent permitted by applicable law, in no event will Dr. Earth , its affiliates, network partners, directors, officers, employees, agents, suppliers or licensors be liable to any person for any indirect, incidental, special, punitive, cover or consequential damages (including, without limitation, damages for lost profits, revenue, sales, goodwill, use of content, impact on business, business interruption, loss of anticipated savings, loss of business opportunity) however caused, under any theory of liability, including, without limitation, contract, tort, warranty, breach of statutory duty, negligence or otherwise, even if the liable party has been advised as to the possibility of such damages or could have foreseen such damages. To the maximum extent permitted by applicable law, the aggregate liability of Dr. Earth and its affiliates, officers, employees, agents, suppliers and licensors relating to the services will be limited to any amounts actually paid by you to Dr. Earth. The limitations and exclusions also apply if this remedy does not fully compensate you for any losses or fails of its essential purpose.

b. Indemnification: You agree to indemnify and hold Dr. Earth and its affiliates, network partners, directors, officers, employees, agents, suppliers and licensors harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys' fees, incurred in connection with or arising from any third party allegations, claims, actions, disputes, or demands asserted against any of them as a result of or relating to your use of the Digital Platforms and Services or any willful misconduct on your part including infringement of Intellectual Property Rights etc.

c. Severability: All rights and restrictions contained in this Agreement may be exercised and shall be applicable and binding only to the extent that they do not violate any applicable laws and are intended to be limited to the extent necessary so that they will not render this Agreement illegal, invalid or unenforceable. If any provision or portion of any provision of this Agreement shall be held to be illegal, invalid or unenforceable by a court of competent jurisdiction, it is the intention of the parties that the remaining provisions or portions thereof shall constitute their agreement with respect to the subject matter hereof, and all such remaining provisions or portions thereof shall remain in full force and effect.

d. Survival: The following provisions will survive expiration or termination of this agreement. Clauses 14(b), 8.

e. Disclaimer: We are providing you with all the services, material and third-party material and services on an “as is” and “as available” basis, without any kind of warranty, specifically but not limited to, the fulfillment, accuracy, non-infringement, fitness, error free service and any type of warranties which may arise while using the Digital Platforms. We do not endorse, represent, warrant, or take any responsibility for the accuracy or reliability of any advice, opinion, statement, or other information that is submitted, displayed or uploaded through the Digital Platforms by any user. We shall not be liable for any direct, indirect, incidental, special or consequential damages, reputational harm, loss of data, lost profits or for business interruption arising out of the use of or inability to use the Digital Platforms to the maximum extent allowed by the applicable law, even if Dr. Earth has been advised of the possibility of such damages. Your use of the Digital Platforms is at your own risk.

f. Governing Law and Dispute resolution: Our Digital Platforms is based in Abu Dhabi, the formation, interpretation, and performance of our Digital Platforms and this Agreement and any disputes arising out of it shall be interpreted in accordance with the provisions of the Emirate of Abu Dhabi and the UAE Federal Laws, as case may be, in the Emirate of Abu Dhabi. There is no guarantee that our Digital Platforms is complaint with laws of other countries. Any dispute that may arise from or in connection with these User Agreement shall be referred to the exclusive jurisdiction of Abu Dhabi Courts.

g. Assignment: You may not assign, resell, sub-license or otherwise transfer or delegate any of your rights or obligations hereunder, in whole or in part, without our prior written consent, which consent shall be at our own sole discretion and without obligation; any such assignment or transfer shall be null and void. We are free to assign any of its rights or obligations hereunder, in whole or in part, to any third party as part of the sale of all or substantially all of its assets or stock or as part of a merger.

h. Changes and amendments: We reserve the right to modify this Agreement or its terms relating to the Digital Platforms and Services at any time, effective upon posting of an updated version of this Agreement on the Digital Platforms without any notification, you must always review, read, and ask as a user to keep you updated.

i. Strict compliance with laws and regulations: You must ensure strict compliance in accordance with the UAE Federal Laws including the Federal Decree Law No. 5 of 2021 on Combating Cybercrimes.

j. Notice: Any notice given pursuant to these Terms may be served personally or by email to the last known email address of the addressee. It is the responsibility of Users to promptly update us of any change of address or email address. Such notice shall be deemed to have been duly served upon and received by the addressee, when sent by email within 24 hours of receipt.

k. Communication: We send messages and/or information of the services and other related matters to keep the users aware, these communications will be sent via Email, SMS, and other Messengers you may receive communication through the Services, including messages that we sent to you. When signing up, you will receive a welcome message and ways to communicate with us, and or stop receiving our future communications.

l. Contact us: If you would like to contact us to understand more about this Agreement or wish to contact us concerning any matter relating to it, you may send an email to [email protected]. To unsubscribe to emails and SMS, send an email to [email protected].

m. Language: If these Terms are translated into any other language and there is a discrepancy between the English text and the text of the other language, the English text version will prevail.