LEGAL DISCLAIMER & EXCLUSION OF LIABILITY
(APPLICABLE TO ALL DHA/PROMETRIC EXAM PREPARATION AND LICENSING CONSULTANCY SERVICES)
BY PURCHASING OR UTILIZING ANY SERVICE PROVIDED BY SPECTRORIX CONSULTANCY (HEREINAFTER, "THE COMPANY"), YOU ("THE CLIENT") EXPLICITLY AGREE TO THE FOLLOWING TERMS AND ACKNOWLEDGE THAT THEY CONSTITUTE A FUNDAMENTAL PART OF THE SERVICE CONTRACT.
1. EXCLUSION OF ALL WARRANTIES AND GUARANTEES
THE COMPANY PROVIDES ALL CONSULTANCY, EDUCATIONAL MATERIALS, CRASH COURSES, AND ADMINISTRATIVE SUPPORT ON AN "AS-IS" AND "AS-AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
THE COMPANY EXPLICITLY DISCLAIMS ANY REPRESENTATION, WARRANTY, OR GUARANTEE, WHETHER WRITTEN OR ORAL, THAT THE CLIENT WILL ACHIEVE A PASSING SCORE ON THE PROMETRIC COMPUTER BASED TEST (CBT) OR ORAL ASSESSMENT, OR WILL BE GRANTED A PROFESSIONAL LICENSE BY THE DUBAI HEALTH AUTHORITY (DHA) OR ANY OTHER REGULATORY BODY.
2. SOLE REGULATORY AUTHORITY AND ASSUMPTION OF RISK
THE DECISION TO GRANT, DENY, SUSPEND, OR REVOKE A PROFESSIONAL LICENSE, AND THE FINAL DETERMINATION OF ANY ASSESSMENT RESULT (PASS OR FAIL), RESTS SOLELY, EXCLUSIVELY, AND WITHOUT EXCEPTION WITH THE DUBAI HEALTH AUTHORITY (DHA) AND ITS DESIGNATED AGENTS (E.G., PROMETRIC/DATAFLOW).
- THE CLIENT ACKNOWLEDGES AND ACCEPTS THAT THE LICENSING PROCESS CARRIES AN INHERENT RISK OF FAILURE, DENIAL, OR DELAY, AND PROCEEDS ENTIRELY AT THEIR OWN RISK.
- The Company's role is strictly limited to providing *preparation* and *support*. The quality of the final outcome is governed by the Client’s individual performance and the regulatory judgment of the DHA, neither of which is controlled or influenced by the Company.
3. LIMITATION OF LIABILITY
IN NO EVENT SHALL THE COMPANY, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, OR CONTENT PROVIDERS BE LIABLE TO THE CLIENT OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOSS OF REVENUE, LOSS OF BUSINESS OPPORTUNITY, OR LOSS OF DATA) ARISING FROM OR RELATED TO (A) THE CLIENT’S FAILURE TO OBTAIN A LICENSE OR PASS ANY REQUIRED EXAM, (B) ANY DECISION, ACTION, OR DELAY BY THE DHA OR RELATED AGENCIES, (C) ANY ERRORS OR OMISSIONS IN THE PREPARATORY MATERIALS, OR (D) THE CLIENT'S RELIANCE ON THE COMPANY'S SERVICES, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE CLIENT AGREES THAT THE COMPANY'S TOTAL CUMULATIVE LIABILITY TO THE CLIENT FOR ANY CLAIMS OR DAMAGES ARISING UNDER THIS DISCLAIMER SHALL BE STRICTLY LIMITED TO THE AMOUNT PAID BY THE CLIENT TO THE COMPANY FOR THE SPECIFIC SERVICE FROM WHICH THE CLAIM AROSE.
4. NO REFUND POLICY (SERVICE-BASED PAYMENT)
All fees paid to the Company are for the provision of **consultancy, instructional hours, and administrative support services already delivered.**
**ALL FEES ARE NON-REFUNDABLE** once the services have commenced, irrespective of the Client's ultimate success or failure in the DHA licensing process.
5. INDEMNIFICATION AND GOVERNING LAW
The Client agrees to **INDEMNIFY, DEFEND, AND HOLD HARMLESS** the Company against any and all losses, liabilities, claims, demands, damages, and expenses (including reasonable attorney’s fees) arising out of or related to the Client's application, assessment, or licensing process. This Disclaimer shall be governed by and construed in accordance with the laws of the **Emirate of Dubai and the Federal Laws of the United Arab Emirates.**
