Public Offer Agreement — jetox.ae

PUBLIC OFFER AGREEMENT

for the Grant of a Non-Exclusive Digital Content Licence
Effective Date: November 1, 2023
IMPORTANT — PLEASE READ CAREFULLY: By completing the purchase of any Digital Product on the Website, you confirm that you have read, understood, and unconditionally accepted all terms of this Agreement. If you do not agree with any term, do not complete the purchase.

1. Parties and Definitions

1.1 Licensor: Jetox International FZCO, operating the website jetox.ae and related platforms (hereinafter "the Company", "we", "us").

1.2 Licensee / User: Any natural or legal person who accesses the Website and completes the purchase of a Digital Product (hereinafter "you", "User").

1.3 Website: jetox.ae and any affiliated sub-domains, landing pages, or platforms operated by the Company.

1.4 Digital Product: Any audiovisual work, video course, recorded lecture, educational programme, online course module, detox programme, webinar recording, digital guide, PDF material, audio recording, supplementary worksheet, or any other digital content made available by the Company in recorded, downloadable, or streamed format, including but not limited to all current and future products listed on the Website.

1.5 Licence: A personal, non-exclusive, non-transferable, non-sublicensable right to access and view the Digital Product for personal, non-commercial educational purposes only, granted upon successful payment.

1.6 Agreement: This Public Offer Agreement, which constitutes a binding contract between the Company and the User upon acceptance as defined in Clause 3.

1.7 Access Period: The duration during which the User may access a Digital Product, as specified on the relevant product page at the time of purchase.

2. Legal Basis

This Agreement is governed by and construed in accordance with the laws of the United Arab Emirates, in particular:

  • Federal Decree-Law No. 38 of 2021 on Copyright and Neighbouring Rights — all Digital Products are original audiovisual works protected by copyright from the moment of creation;
  • Federal Law No. 15 of 2020 on Consumer Protection and Cabinet Decision No. 66 of 2023 (Executive Regulations);
  • Federal Decree-Law No. 14 of 2023 on Trading through Modern Technology (E-Commerce Law);
  • Federal Decree-Law No. 46 of 2021 on Electronic Transactions and Trust Services.

The legal nature of each transaction is the grant of a copyright licence for personal use of an audiovisual work, not the provision of a service and not the sale of a tangible good. Accordingly, the rights and limitations set out in this Agreement are consistent with UAE intellectual property law.

3. Acceptance of Offer

3.1 This Agreement constitutes a public offer within the meaning of applicable UAE law. Acceptance occurs at the moment the User completes payment for a Digital Product on the Website.

3.2 Prior to completing payment, the User is required to confirm, by ticking the designated checkbox or clicking the purchase confirmation button, that they:

  • have read and accepted this Agreement in full;
  • understand that the Digital Product consists of audiovisual content protected by copyright;
  • understand that access to the Digital Product is granted immediately or within the timeframe specified on the product page upon successful payment;
  • acknowledge and agree that, once access is granted, the Licence is deemed fully performed and no refund will be issued except as expressly provided in Clause 7.

3.3 The Company reserves the right to amend this Agreement at any time by publishing the updated version on the Website. Continued use of previously purchased Digital Products constitutes acceptance of any updated terms in relation to future purchases only.

4. Licence Grant

4.1 Upon receipt of full payment, the Company grants the User a personal, non-exclusive, non-transferable, non-sublicensable licence to access and view the purchased Digital Product solely for the User's own personal, non-commercial educational purposes.

4.2 The Licence does not include the right to:

  • copy, reproduce, download, or store the Digital Product beyond what is technically incidental to authorised streaming or viewing;
  • distribute, share, publish, broadcast, or otherwise communicate the Digital Product or any part thereof to any third party;
  • create derivative works based on the Digital Product;
  • use the Digital Product for commercial purposes, training of third parties, or any revenue-generating activity without the Company's prior written consent;
  • circumvent any digital rights management (DRM) or technological protection measures applied to the Digital Product.

4.3 The Licence is strictly personal to the User and may not be assigned or transferred to any other person. Login credentials must not be shared.

4.4 All intellectual property rights in and to the Digital Products, including but not limited to copyright, moral rights, and related rights, remain exclusively vested in the Company at all times.

5. Price and Payment

5.1 The price for each Digital Product is displayed on the Website at the time of purchase and is stated in the currency specified on the product page. The displayed price is the final price inclusive of any applicable taxes.

5.2 No additional charges will be applied for the use of standard payment methods. The Company does not apply surcharges for credit or debit card payments in accordance with Article 5 of the Executive Regulations of the Consumer Protection Law.

5.3 Payment must be made in full prior to access being granted. The Company does not grant access to Digital Products on the basis of partial payment unless a specific instalment arrangement has been agreed in writing.

5.4 Where a promotional price is offered, the User who purchased a Digital Product at full price within one week before the promotion is notified may request the price difference in accordance with applicable UAE consumer protection law.

6. Access and Delivery

6.1 Access to the Digital Product is provided electronically via the User's personal account on the Company's website at jetox.ae (hereinafter "Personal Account"). Upon successful payment, the User will receive login credentials or an activation link by email, enabling access to the purchased Digital Product through their Personal Account. All course materials, video recordings, and supplementary files are hosted exclusively within the Personal Account on jetox.ae and are not delivered by post, physical media, or any third-party platform unless expressly stated otherwise on the relevant product page.

6.2 Where access is scheduled for a specific start date, login credentials or an activation link will be sent to the User's registered email address no later than 24 hours before the stated start date. Where access is immediate, it is typically granted within 24 hours of confirmed payment. If access is not provided within 5 business days of the stated start date (or of payment, where access is immediate), the User should contact the Company at the address set out in Clause 12.

6.3 The User acknowledges that the Digital Product is delivered digitally and that access commences either immediately after payment confirmation or on the start date specified on the product page, as applicable. The purchase is binding from the moment of payment regardless of the access start date. From the moment access is granted, the Licence is deemed fully effective.

6.4 The Company does not guarantee uninterrupted or error-free access to the platform hosting the Digital Product and shall not be liable for temporary technical interruptions beyond its reasonable control, provided it takes reasonable steps to restore access promptly.

7. Refund and Return Policy

7.1 General Rule — No Refund After Access Is Granted. Because the Digital Products are audiovisual works delivered electronically and the Licence is granted upon access being provided, refunds are not available once access has been granted, subject to the exceptions in Clause 7.2.

This position reflects the nature of the transaction as a copyright licence grant: once the User has been granted access to the audiovisual work, the Licensor has fully performed its obligation. This is consistent with UAE copyright law (Federal Decree-Law No. 38 of 2021) and the principle that a licence to access a delivered digital work cannot be "returned" in the same manner as a physical good.

7.2 Exceptions — Refund Will Be Issued If:

  1. The Digital Product does not match its description as published on the Website at the time of purchase in a material way, and the User notifies the Company within 3 calendar days of first access;
  2. Access to the Digital Product is not provided within 5 business days after the start date stated on the product page (or within 5 business days of confirmed payment where access is immediate), and the User has contacted the Company to report the issue;
  3. The Digital Product is confirmed to contain a technical defect that prevents the User from accessing the content and the Company is unable to remedy the defect within 10 business days of receiving a written complaint.

7.3 Refund Request Procedure. To request a refund under Clause 7.2, the User must submit a written request to the Company at the contact details in Clause 12, stating the reason for the request and providing evidence of the issue. The Company will review and respond within 10 business days.

7.4 Refunds will not be issued on the grounds that the User has changed their mind, no longer wishes to use the Digital Product, did not achieve expected personal results, or found the content unsatisfactory after reviewing it.

7.5 Nothing in this Agreement excludes any mandatory statutory rights of the User under UAE law that cannot be waived by contract.

8. User Obligations and Prohibited Use

8.1 The User agrees to use the Digital Product solely in accordance with the terms of this Agreement and applicable UAE law.

8.2 The User must not:

  • share, republish, resell, rent, lease, or otherwise make the Digital Product available to any third party;
  • record, screen-capture, screenshot, or otherwise reproduce the Digital Product in any form;
  • use the content of the Digital Product as the basis for competing educational products or services;
  • remove or alter any copyright notices, watermarks, or intellectual property identifiers embedded in the Digital Product;
  • attempt to gain unauthorised access to the Company's systems or other users' accounts.

8.3 Violation of any of the above obligations will result in immediate termination of the User's Licence without refund, and may expose the User to civil and criminal liability under UAE law, including Federal Decree-Law No. 38 of 2021 (fines up to AED 100,000 and/or imprisonment for repeat infringers).

9. Health and Educational Disclaimer

9.1 The Digital Products are provided for educational and informational purposes only. All content is produced by a qualified nutritional coach and is based on publicly available research. It does not constitute medical advice, diagnosis, or treatment.

9.2 The Company is not a licensed medical practitioner, and the Digital Products are not a substitute for professional medical advice, diagnosis, or treatment. Users should consult a qualified healthcare professional before making any changes to their diet, lifestyle, or health regimen, particularly if they have an existing medical condition.

9.3 Individual results vary. The Company makes no guarantee of specific outcomes from using the Digital Products.

10. Limitation of Liability

10.1 To the maximum extent permitted by applicable UAE law, the Company's total liability to the User in connection with any Digital Product shall not exceed the amount paid by the User for that specific Digital Product.

10.2 The Company shall not be liable for indirect, incidental, or consequential loss or damage arising from the User's use of, or inability to use, the Digital Product, except where such liability cannot be excluded by law.

10.3 The Company is not liable for any loss resulting from the User's failure to comply with the terms of this Agreement.

11. Personal Data Protection

11.1 The Company processes the User's personal data in accordance with Federal Decree-Law No. 45 of 2021 on the Protection of Personal Data (PDPL).

11.2 Personal data collected during the purchase and access process is used solely for the purpose of providing the User with access to the Digital Product, administering the User's account, and communicating with the User in relation to their purchase.

11.3 The Company will not use the User's personal data for marketing purposes without obtaining prior explicit consent, and will provide an easy mechanism to withdraw such consent at any time.

11.4 For details of data processing, retention periods, and User rights under PDPL, please refer to the Company's Privacy Policy published on the Website.

12. Contact Details and Complaints

12.1 For any queries, complaints, or refund requests under this Agreement, the User may contact the Company at:

Email:jenny.and.jetox@gmail.com
Instagram Direct:https://ig.me/m/jeny_medical (@jeny_medical)

12.2 The Company undertakes to respond to complaints and refund requests within 10 business days of receipt.

12.3 If the User's complaint is not resolved to their satisfaction, they have the right to escalate the matter to the Consumer Protection Department of the Ministry of Economy of the UAE or the Department of Economic Development of the relevant emirate.

13. Governing Law and Dispute Resolution

13.1 This Agreement is governed by the laws of the United Arab Emirates.

13.2 The parties agree to attempt to resolve any dispute arising from or in connection with this Agreement amicably within 30 days of written notice of the dispute.

13.3 If the dispute is not resolved amicably, it shall be submitted to the competent courts of the UAE with jurisdiction over the matter.

14. Miscellaneous

14.1 If any provision of this Agreement is found to be unlawful, void, or unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.

14.2 This Agreement constitutes the entire agreement between the Company and the User with respect to the subject matter hereof and supersedes all prior representations, understandings, or agreements.

14.3 The Company's failure to enforce any provision of this Agreement shall not be construed as a waiver of its rights.

14.4 The headings in this Agreement are for convenience only and shall not affect its interpretation.