Overview of all Terms & Conditions of ENHAPP

Terms of Use

These terms of use (as amended from time to time, the “Terms“) together with any supplemental rules and regulations, such as the Privacy Policy, govern your access to and use of the services available on the ENHAPP mobile applications and the website (the “App/Website“) operated by Spotcheck Wellness Services, Office No. 2116, 21st Floor, Burlington Tower, Business Bay, Dubai, UAE. (“SPOTCHECK“). Your access to the App/Website and use of our services is subject to your acceptance of and compliance with these Terms. By accessing the App/Website or using our services you agree to accept and be bound by the current version of these Terms. In case you do not agree to the current version of these Terms, you are not authorized to continue accessing the App/Website or using our services.

We may revise these terms at any time by amending this page. You are expected to check this page each time you visit the App. Revised terms shall be binding upon you in the same force as this terms are binding.

• Our App/Website provides you with the Health Score and various health, wellbeing and similar information (collectively the “Information“) compiled based on the details specified by you, such as certain clinical health data, family history and your lifestyle (the “Data“). The Information generated by SPOTCHECK is for information purposes only. The Information is not intended to substitute the expertise and judgment of any doctor, pharmacist or other healthcare professional. Making a reliable medical diagnosis, treating any medical condition and administering any drug therapy require the involvement of independent informed healthcare professionals. In case of any specific questions regarding the treatment and care of a medical condition, you need to contact your professional healthcare provider.
• The form and nature of the App/Website may change from time to time without prior notice to you. In addition, we may stop permanently or temporarily at any time operating the App/Website or any features within the App/Website towards you or towards users generally and may not be able to provide you with prior notice. We also retain the right to create limits on the use storage at our sole discretion at any time without prior notice to you.
• The collection and use of the Data which you provide are subject to our Privacy Policy. By using the App/Website you consent to the collection and use of the Data by SPOTCHECK in accordance with the Privacy Policy.
• We reserve the right at all times (but we will not have an obligation) to remove or refuse to distribute any Information or Data and to terminate users or reclaim user names. We also reserve the right to access, read, preserve and disclose any Information or Data to the extent we reasonably believe it is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce these Terms, including investigations of a potential violation thereof, (iii) detect, prevent or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or to (v) protect the rights, property or safety of SPOTCHECK, its users and the public. Accounts that are inactive for more than six months may be removed without prior notice.
• You are responsible for safeguarding the password that you use to access your account and for any actions taken by using your password. For data security purposes, ENHAPP requires you to use “strong” passwords (i.e., passwords combining upper and lower-case letters, numbers and symbols). Any liability for any damage arising from your failure to comply with these requirements is excluded. In case you change your email address or forget your password, please notify us at support@spotcheckglobal.com in order to recover your account or use ENHAPP password recovery feature.
• By using the Services and completing the registration process you warrant that (a) all the data provided by you is accurate and complete (b) you shall maintain the accuracy of such information, and any changes thereto by regular updation of any such information; (c) you affirm that you have attained the age of maturity under law (18 years or 21 years, whichever is applicable), and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement; (d) you are eligible in accordance with the applicable laws to enter into a binding contract and is not a person barred from receiving the Services under the laws as applicable and (e) you may use the Application or such other Services provided under the Application only in compliance with this Agreement and all applicable local, state, national, and international laws, rules and regulations. Your profile may be deleted by us by informing you 24 (twenty four) hours in advance without warning, or without any notice whatsoever, if we believe that you have violated any of the conditions as mentioned under this Agreement or Privacy Policy.
• You must provide your full legal name, valid email address and any other information requested from you in order to complete the registration process and be entitled to use the Services. The information provided by you may be shared by us with any third party for record keeping purposes, internal procedures or for any other purposes and by using this Application you expressly consent to such sharing of the information.
• Upon completing the registration process you will be provided with, a user identification code, password or any other piece of information, as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. You also agree to ensure that you exit/log out from your account at the end of each session. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of this Agreement. You will immediately notify Spot check of any unauthorized use of your password, by sending details of such unauthorized use to: [info@spot-check.com].
• You are responsible for making all arrangements necessary for you to have access to our site. You are also responsible for ensuring that all persons who access our site through your Internet connection are aware of these terms, and that they comply with them. You are also solely responsible and liable to ENHAPP/Spot check for all activities that take place or occur under your account. You agree that your ability to log into your account is dependent upon external factors such as internet service providers and internet network ability and we shall not be liable to you for any damages arising from your inability to log into your account.
• ENHAPP/Spot check reserves the right to refuse access to use the Services offered at the Application to new users or to terminate access granted to existing users at any time without according any reasons for doing so. Use of the account is not available to any user who is suspended or prohibited by ENHAPP/Spotcheck from using the Application or Services for any reason whatsoever.
• There are limitations on the use of the App/Website. These limitations comply with legal requirements and aim to protect our users from abuse and to make the use of the App/Website the best possible experience for all users. We may need to change these rules from time to time and reserve the right to do so. No abuse of our App/Website will be tolerated. Any violation of these rules may lead to a temporary or the permanent suspension of all related accounts. Accounts created to replace suspended accounts will be permanently suspended
  • Unlawful Use: You shall not use the App/Website or any Information provided for any unlawful purposes (including those to defame others, IPR violation, posting obscene or offensive messages/post, violating criminal penal code, information Technology Act, etc., promote discrimination, violating the other privacy and using third party’s confidential information and privacy data, impersonation, furnishing false, fake, misleading or threatening messages) or in furtherance of any illegal activities. International users are required to comply with all applicable local laws regarding online conduct and acceptable content.
  • Unauthorized Access: You shall not do any of the following while accessing or using the App/Website: (i) access, tamper with or use non-public areas of the App/Website (except for your own account), SPOTCHECK computer systems or the technical delivery systems of our providers; (ii) probe, scan or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (iii) attempt to access or search the App/Website or any Data by any means (automated or otherwise) other than through our currently available, published interfaces; or (iv) interfere with or disrupt, or attempt to do so, the access of any user, host or network.
  • Respect for Privacy of Third Parties: You shall not disclose other people’s health, wellbeing and similar data without their express authorization and permission.
  • No Reproduction: You shall not reproduce, duplicate, copy, sell, trade or resell the App/Website content and its design and look or any Information derived from the App/Website. You are not entitled to modify or redistribute the App/Website content and its design and look or any Information or to reproduce, store, link, frame or deep-link it on any other App/Website or in any other medium or format without our prior written consent. Further, you shall not use the App/Website for commercial exploitation in any circumstances.
  • No Malware: You shall not provide any malicious content intended to damage or disrupt another user’s browser or computer or to compromise a user’s privacy.
• All copyright, database right, patent, other intellectual property right, title and interest in and to the App/Website and any Information (excluding the Data provided by the users of the App/Website) are and will remain the exclusive property of SPOTCHECK and its licensors. The elements of the App/Website, including but not limited to the general design and the imagery, and any Information are protected by copyright, trademark, patent and other laws relating to intellectual property rights of both UAE and foreign countries. Nothing in these Terms gives you a right to use the ENHAPP and/or SPOTCHECK name or any of SPOTCHECK’s trademarks, logos, domain names and other distinctive brand features. You are permitted to download and print any Information from the App/Website solely for your own personal use and/or internal business purposes. You are not entitled to use the content of the App/Website for commercial exploitation in any circumstances. In case you breach the terms of this provision, SPOTCHECK will have the right to claim damages against you which shall include the right to claim special, incidental, consequential or indirect damages and loss of profits.
• Whilst we endeavor to ensure the accuracy of the Information, neither SPOTCHECK nor any of its directors, officers, employees, agents, partners, affiliates and licensors may be held responsible for any omissions or errors of the Information or for any loss or damages which may subsequently arise.
• Any Information transmitted via the App/Website will pass over public telecommunications networks. Although SPOTCHECK uses industry standard encryption technology, SPOTCHECK does not give any warranty or undertaking and does not make any representation that the operation of the App/Website will be secure, uninterrupted or error free. We have implemented commercially reasonable technical and organizational measures designed to secure your personal information and User Content from accidental loss and from unauthorized access, use, alteration or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your personal information and User Content for improper purposes. You acknowledge that you provide your personal information at your own risk.
• The App/Website may contain links to third-party App/Websites or materials supplied by or contained on any third-party App/Website which is linked from or to the App/Website. SPOTCHECK does not accept any responsibility or liability for: (i) the availability or accuracy of such App/Websites or material or (ii) the content, products or services on or available from such App/Websites or materials. Links to such App/Websites or materials do not imply any endorsement by SPOTCHECK of such App/Websites or materials or the content, products or services available from such App/Websites or materials. You acknowledge sole responsibility for and assume all risks arising from your use of any such App/Websites or materials.
• SPOTCHECK provides the content of the App/Website and any Information in good faith, but your access to and use of the App/Website is at your own risk. SPOTCHECK operates the App/Website on an “as is” and “as available” basis without warranty of any kind, whether express or implied, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose or non-infringement of any copyrights, database rights, patents, trademarks or any other intellectual property rights in the jurisdiction in which you access and/or use the App/Website. SPOTCHECK gives no warranty or undertaking or representation for the completeness, accuracy, availability, timeliness, security or reliability of the App/Website or that the Information is of satisfactory quality, up to date or free from viruses, trojans or other harmful or malicious programs. SPOTCHECK will not be responsible or liable for any harm to your computer system, loss of data or other harm resulting from your access to or use of the App/Website or for the deletion of, or the failure to store or to transmit, any Data or Information and other communications. SPOTCHECK makes no warranty that the App/Website will meet your requirements or be available on an uninterrupted, secure or error-free basis. No advice or information, whether oral or written, obtained from SPOTCHECK or the App/Website, shall create any implied warranty.
• SPOTCHECK and its directors, officers, employees, agents, partners, affiliates and licensors shall in no way be responsible for any decisions you may make based on the use of App/Website and/or the Information including but not limited to whether or not you choose to seek professional medical care or treatment. You hereby waive any claim you may have or acquire against SPOTCHECK or any of its directors, officers, employees, agents, partners, affiliates and licensors and agree indemnify and hold SPOTCHECK or any of its directors, officers, employees, agents, partners, affiliates and licensors harmless from any claims, proceedings, costs, special, incidental, consequential or indirect damages and loss of profits relating to your use of the Information. You further agree to defend, indemnify and hold harmless SPOTCHECK, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Service and Application; (ii) your violation of any term of this Agreement; (iii) your violation of any third party right, including without limitation, any copyright, property, or privacy right; or (iv) any claim that your Content caused damage to a third party. This defence and indemnification obligation will survive this Agreement and your use of the Service and Website/ Application.
• SPOTCHECK allows you to register for the participation in fitness activity challenges among certain or all users of the App/Website which may be initiated by users (“Challenges“) or SPOTCHECK (“Public Challenges“). By registering, you acknowledge that such participation is a potentially hazardous activity and that you are participating at your sole risk and responsibility. You further acknowledge that you will not make use of means or behave in a way that can reasonably be considered as contrary to the general rules of fairness. SPOTCHECK reserves the right to screen and verify your activity and to temporarily or permanently exclude you from a Challenge or Public Challenge or from Challenges or Public Challenges in general or to suspend or terminate your account in case we reasonably believe that such measure is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce any acknowledgements you made, including the investigation of a potential violation thereof, or to (iii) protect the rights, property or safety of SPOTCHECK, its users and the public. In cases where Public Challenges feature prize money, such prize money (less tax and possible other deductions as they may be applicable) will be paid out to the users achieving the best result. The assessment of such best result is separately defined for each Public Challenge. In case of a tie between the achievements of two or more users, the prize money will be equally shared between such users. Any decisions of SPOTCHECK regarding Challenges or Public Challenges are final.

• User Contents:

  • Some areas of the Service may allow Users to post news, feedback, comments, questions, data, documents, pictures and other information (“User Content”). You are solely responsible for your User Content that you upload, publish, display, link to or otherwise make available (hereinafter, “post”) on the Service, and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. Spotcheck will not review, distribute, or reference any such User Content except as provided herein or in our Privacy Policy or as may be required by law.
  • By posting any User Content on the Service, you expressly grant, and you represent and warrant that you have a right to grant, to Spotcheck a royalty-free, sub-licensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, syndicate, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Service. You also hereby grant each User of the Service a non-exclusive license to access your User Content through the Service, and to use, reproduce, distribute, display and perform such User Content as permitted through the functionality of the Service and under this Agreement.
  • You understand that Spotcheck, in performing the required technical steps to provide the Services to our users, may (a) transmit or distribute your Content over various public networks and in various media; and (b) make such changes to your Content as are necessary to conform and adapt that Content to the technical requirements of connecting networks, devices, services or media. You agree that this license shall permit SPOTCHECK to take these actions. You are solely responsible for your contributions to any online forum ENHAPP may offer through or as part of the Services (“Community Participation”), such as and without limitation, responses to blog postings, bulletin board postings, and other contributions to online discussions. By submitting to Community Participation you: (a) represent to ENHAPP, in each instance, that you either own or have the right to display or transmit each and every element of your Community Participation, and that your submission will not violate the legal rights or interests of any person or entity; and (b) grant to ENHAPP a perpetual, irrevocable, royalty free license to use your Community Participation, in each instance, as a whole or in any part, for any business purpose, including without limitation, promotional, marketing and training purposes.
  • You confirm and warrant to SPOTCHECK that you have all the rights, power and authority necessary to grant the above license.
• Whenever you make use of the Services (or any feature or part of the Services) that allows you to upload material on the Application, or to make contact with other users of our Application, you must comply with applicable data protection rules/laws and the content standards. The content standards apply to each part of a contribution as well as to its whole. Your contribution must be accurate where it states facts, be genuinely held (where it states opinions), comply with the law applicable in any country from which it is posted; and be relevant to your posting or use of the Services.
• Disclaimers: To the maximum extent permitted by applicable laws, SPOTCHECK and its directors, officers, employees, agents, partners, affiliates and licensors shall not be liable for any losses or direct, indirect, incidental, special, consequential or punitive damages, including without limitation loss of profits, data, use, good-will or other intangible losses, resulting from (i) your access to or use of or inability to access or use the App/Website, (ii) the use of any Information; and (iii) any unauthorized access, use or alteration of your transmissions of Data, in each case however they may arise and whether based on contract, tort or any other legal basis, whether or not foreseeable and irrespective of whether SPOTCHECK has been informed in advance about the possibility of such damage You expressly acknowledge and agree that you are installing and using the application and services at your own risk. The application and all data and content provided through the application is provided “As is” “With all Faults” and without any warranty, terms or conditions of any kind. The Licensor and each of its Licensees, Affiliates and Authorised representatives (the “Parties” or “Party) expressly and specifically disclaim all warranties, terms or conditions, whether express or implied including, but not limited to, any implied warranties of merchantability, satisfactory quality, non-infringement and fitness for a general or particular purpose with respect to the application and contents. The Licensor cannot and does not warrant that the application will operate without interruptions, that it is will be free from viruses and errors, or that the application will not interfere with the functioning of other software or programs installed on your cellular Mobile Device and will meet your requirement. No oral, written or electronic information or advice given by any party shall create any warranty, term or condition with respect to the application or otherwise. If you are older than 35 years of age, or if you have not been physically active for more than 1 year, or if you have any medical history that may put you at risk, including, without limitation, one or more the following conditions, you are required to seek approval from a qualified health care practitioner prior to using the Service:
  • Heart disease,
  • High blood pressure,
  • Family history of high blood pressure or heart disease,
  • Chest pain caused by previous exercise,
  • Dizziness or loss of consciousness caused by previous exercise,
  • Bone or joint problems,
  • Diabetes, high cholesterol, obesity,Arthritis.
  The content of the Application, including without limitation, text, copy, audio, video, photographs, illustrations, graphics and other visuals, is for informational purposes only and does not constitute/substitute professional medical advice, diagnosis, treatment or recommendations of any kind. You should always seek the advice of your qualified heath care professionals with any questions or concerns you may have regarding your individual needs and any medical conditions. You agree that you will not under any circumstances disregard any professional medical advice or delay in seeking such advice in reliance on any content provided on or through the Website/ Application. Reliance on any such content is solely at your own risk. The content provided on or through this Application regarding drug or dietary supplements have not been evaluated or approved by any regulatory authority Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between You and such advertiser. You agree that ENHAPP shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service. The Application may be subject to the breaches of security and the Spotcheck shall not be held responsible for any resulting damage to the user’s device from any such breach including but not limited to any virus, bugs, tampering, unauthorized intervention, omission, deletion, defect. Spotcheck is under no liability or responsibility or obligation to provide you with technical support for the application and provides no assurance that any specific errors or discrepancies will be corrected. You agree and acknowledge that the application might automatically hibernate or go into standby mode if the rom on your cellular mobile phone is insufficient to run OEM Applications and functions. Spotcheck is not responsible for the application hibernating and you agree that you are solely responsible to keep your cellular mobile phone optimized. It is possible that the application may get locked or stop working if the Data on your cellular phone causes your phone to crash or requires the operating software to be reinstalled. Spotcheck is not liable or responsible to you in any manner whatsoever for such an occurrence. Spot check’s liability to you shall under all circumstances be limited to a maximum of the amount paid by you (if any) at the time of registration on our Application to use the Services
• You acknowledge that applicable network/data charges may be incurred through your use of the Application and you agree that you are responsible for any and all such charges that may be charged to you and that Company shall have no liability to you whatsoever in respect of such charges. You also agree that the charges incurred through your use of the Application are dependent on your agreement with your service provider and that Company has absolutely no liability to you in respect of such charges. You agree that use of the Application whilst outside your home circle might incur additional roaming charges and agree to be solely liable for such charges. Company has no liability to you in respect of such charges.
• The failure of SPOTCHECK to enforce any right or provision of these Terms shall not be deemed to be a waiver of such right or provision.
• These Terms, together with any supplemental rules and regulations, such as the Privacy Policy, are the entire and exclusive agreement between SPOTCHECK and you regarding the use of the App/Website, and shall supersede and replace any prior agreements between SPOTCHECK and you regarding the use of the App/Website. In the event that any provision of these Terms is held to be invalid or unenforceable, the remaining provisions of these Terms shall remain in full force and effect.
• SPOTCHECK operates the App/Website from the United Arab Emirates and the Information is deemed to have been delivered in the United Arab Emirates. You are only allowed to access the App/Website if you are entitled to enter into a binding contract with SPOTCHECK and are not a person barred from accessing the App/Website according to the applicable law. You undertake to access the App/Website solely in compliance with these Terms and all applicable rules and regulations. The App/Website is not directed to any person to whom (by reason of such person’s nationality, residence or otherwise) the publication or availability of the App/Website is prohibited. Persons to whom such restrictions apply must not access the App/Website. If you choose to access the App/Website from outside the United Arab Emirates you are solely responsible for compliance with any applicable local laws.
• These Terms and the use of the App/Website shall in all respects be governed by the United Arab Emirates substantive law. Any dispute arising out of or in connection with these Terms and/or the use of the App/Website shall be subject to the exclusive jurisdiction of the courts of Dubai, United Arab Emirates, and you consent to such jurisdiction of and venue in such courts and waive any objection as to inconvenient forum.
• We may revise this Terms from time to time. The most current version will be available on our App/Website (www.spotcheckglobal.com, specifically on https://spotcheckglobal.com/terms-and-conditions.html). The revised Terms shall become effective from the date of publication on the App/Website. Should these changes be substantial, we will provide you with notice and, where required by applicable law, obtain your consent. This notice will be provided by email or by publication on the App/Website.
• ENHAPP/Spot check accepts no liability whatsoever, direct or indirect for noncompliance with the laws of any country other than that of UAE, the mere fact that Application can be accessed or used or any facility can be availed of in a country other than UAE will not imply that we accede to the laws of such country.
• All disputes, differences (including the interpretation or clarification of any clause of this user terms /agreement shall be adjudicated by the sole arbitrator appointed by Spotcheck Limited. The place of arbitration shall be at Dubai and language used English. The provisions of law at UAE reated to Arbitration as amended upto date shall be applicable. The award passed shall be final and binding upon the parties.