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Terms and Conditions

Introduction to Terms and Conditions

These Terms and Conditions apply between all Users of this Website (including but not limited to Members), and Mpact technology FZE, the owner(s) of this Website. Additionally these Terms and Conditions apply to the use of and (where applicable) purchase of Membership and Services. Please read these Terms and Conditions carefully, as they affect your legal rights.

1. Definitions and Interpretations

1.1.

Throughout these Terms and Conditions, the following words will have the meanings set against them:

“AED” means United Arab Dirhams, or the lawful currency for the time being in the UAE;

“Business Day” means a day that is not a Friday, Saturday or any other day which is declared by the UAE government to be a holiday for the private sector in the UAE;

“Content” means any text, graphics, images, audio, video, software, data compilations, page layout, underlying code and software and any other form of information capable of being stored in a computer that appears on or forms part of this Website;

“Corporate Member” has the meaning set out in Clause 10;

“DIFC” means the Dubai International Financial Centre;

“DIFC-LCIA” means the Dubai International Financial Centre London Court of International Arbitration;

“Members” means Users who have an active subscription to a Membership Card;

“Membership” means subscription as a Member entitling the User to receive the Membership Card(s) and benefit from the Services;

“Membership Card(s)” means Supperclubme membership card(s) issued to the relevant Member(s) as part of a subscription package upon registering as a Member, receipt of which entitles the Member to use of the Services;

“Membership Fee(s)” means the fee payable by a Member, as may be determined from time to time, in exchange for Membership pursuant to Clause 13.1;

“Privacy Policy” means the policy relating to privacy and date use found on the Privacy Policy web page;

“Mpact ” means Mpact technology FZE, a company incorporated in the Dtec, Dubai Silicon Oasis;

“Services” means, collectively or individually as appropriate, any of the following:

access for Members to the restaurants and outlets set out on the restaurants and outlets web page set out against each restaurant or outlet;

each in accordance with these Terms and Conditions;

“Service Providers” means the hotels, restaurants and outlets providing one or more of the Services;

“UAE” means the United Arab Emirates;

“User” means any and all persons who access the Website and use the Services or receive Membership Cards; and

“Website” means this website; www.supperclubme.com, and any sub-domaines of this site, owned by Mpact Technology FZE, unless expressly excluded by their own terms and conditions.

2. Acceptance of Terms

2.1. Your agreement to comply with and be bound by these Terms and Conditions is deemed to occur upon your first use of the Website. Your access to and use of the Website and/or Services is subject (unless expressly stated otherwise) exclusively to these Terms and Conditions. You will not use the Website for any purpose that is unlawful or prohibited by these Terms and Conditions or by applicable law. By using the Website you are fully accepting the terms, conditions and disclaimers contained in these Terms and Conditions. If you do not agree to be bound by these Terms and Conditions, you should stop using the Website, the Membership Card and/or the Services immediately.

2.2.

Mpact reserves the right to change these Terms and Conditions without notice, and Users agree to be bound by such changes. It is the responsibility of Users to check these Terms and Conditions regularly for any changes.

2.3.

If you are entering into these Terms and Conditions on behalf of your employer or a third party or acting as an employee, you warrant that you are authorised to enter into legally binding contracts on behalf of your employer or the third party. You further warrant that your employer or third party agrees to be bound by these Terms and Conditions.

3. Intellectual Property and Acceptable Use of Content

3.1.

All Content included on the Website, unless uploaded by Service Providers or as stated otherwise, is the property of Mpact Technology FZE, our affiliates, licensees or other relevant third parties. By continuing to use the Website Users acknowledge that such Content is protected by copyright, trademarks, database rights and other intellectual property rights. Nothing on this site shall be construed as granting, by implication, estoppel, or otherwise, any licence or right to use any trademark, logo or service mark displayed on the site without the owner’s prior written permission.

3.2.

Subject to Clause 4, Mpact hereby grants to the User a non-exclusive licence for the duration of the Membership or in the case of a User who is not a Member, until Mpact may choose to revoke such licence, to download, store, use, reproduce, transmit, display, copy and provide access to Content in accordance with the terms of the Membership (where applicable) and at all times only for the User’s own information purposes and for the avoidance of doubt, not for any commercial or business purposes.

3.3.

Without prejudice to any rights granted herein, Mpact reserves the right to amend, edit or abbreviate or take down any Content at its discretion.

3.4.

The names, images and logos identifying www.supperclubme.com, or Mpact or third parties, including the Service Providers, and their products and services are subject to copyright, design rights and trade marks of Mpact and/or the relevant third parties. Nothing contained in these terms shall be construed as conferring any licence or right to use any trade mark, design right, name or copyright of Mpact or any other third party.

4. Prohibited Use of the Site by Users

Users are expressly forbidden to download, store, reproduce, transmit, display (including without limitation via an intranet or extranet site), copy, sell publish, distribute, provide access to Content for any purposes other than as set out herein or to sub-licence, rent, lease, transfer or assign any rights in Content, to any other person, commercially exploit or use Content for any unlawful purpose.

5. Availability of the Website and Disclaimers

5.1.

The Website and Services are provided “as is” and on an “as available” basis. Mpact gives no warranty that the Website or Services will be free of defects and/or faults. To the maximum extent permitted by law, Mpact provides no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality. Mpact is under no obligation to update information on the Website.

5.2.

Whilst Mpact uses reasonable endeavours to ensure that the Website is secure and free of errors, viruses and other malware, Mpact gives no warranty or guarantee in that regard and all Users take responsibility for their own security, that of their personal details and their computers.

5.3.

Mpact accepts no liability for any disruption or non-availability of the Website.

5.4.

Mpact reserves the right to alter, suspend or discontinue any part (or the whole of) the Website including, but not limited to, any products and/or services available. These Terms and Conditions shall continue to apply to any modified version of the Website unless it is expressly stated otherwise.

5.5.

Members hereby acknowledge and accept that Membership does not guarantee access to any individual Services or the Services at any given time or day. Access to the Services operates on a reservation only basis and, if an individual Service is fully utilised by other Members, no additional Members will be provided said Service until Members using that Service have stopped doing so.

6. Limitation of Liability

6.1.

Mpact will not be liable to Users in respect of any losses arising out of events beyond Mpact’s reasonable control.

6.2.

To the maximum extent permitted by law, Mpact accepts no liability for any of the following:

6.2.1. any business losses, such as loss of profits, income, revenue, anticipated savings, business, contracts, goodwill or commercial opportunities;

6.2.2. loss or corruption of any data, database or software;

6.2.3. any special, indirect or consequential loss or damage;

6.2.4. losses suffered by third parties,

as a result of the use by Users of the Website or the Services.

7. Website Content and Services

7.1.

Except as otherwise expressly agreed by Mpact in writing, information regarding Supperclubme.com Membership Cards and Services is subject to change without notice.

7.2.

Information about Supperclubme.com Membership Cards and Services made available on and/or through this Website shall not constitute a representation, warranty or other commitment by Mpact with respect to any product or service unless otherwise expressly agreed to by Mpact in writing.

7.3.

Without limiting the generality of the foregoing, Mpact hereby disclaims all warranties, express or implied, as to accuracy, suitability for any purpose or completeness of any Content, Membership Cards or Services.

8. Third Party Content

8.1.

This Website makes available certain Content that has not been created by Mpact either via hyperlinks which may take Users to websites not controlled or maintained by Mpact, or as hosted via the Website whether or not such Content is available free of charge to all Users, to Members only or for a fee (“Third Party Content”).

8.2.

Any copying, distribution, reproduction, retransmission, or modification of any of the Third Party Content or any information or materials appearing in such Third Party Content, whether in electronic or hard copy form, is subject to the prior written permission of the author and publisher of such Third Party Content.

8.3.

Third Party Content is not the responsibility of Mpact, and Users acknowledge and confirm that Mpact has no control over the opinions, information, legality of products, or accuracy of facts or statements contained in such Third Party Content and furthermore Mpact cannot guarantee and makes no representation or warranty as to the accuracy, veracity, or completeness of any such information including but not limited to information relating to the Services. Nothing contained within Third Party Content necessarily represents the point of view of Mpact.

8.4.

Downloading some Third Party Content may involve Mpact sharing personal data collected during registration with the authors of such Third Party Content. Users who wish to download such Third Party Content should refer to our Privacy Policy and Clause 17.1 (Data Protection) of these Terms and Conditions prior to downloading. Users who do not wish to have their data shared in this manner should not download such Third Party Content.

9. Membership

9.1.

Subscription to any Membership Card is subject to acceptance of these Terms and Conditions, the Privacy Policy and specifically the following:

9.1.1. in order to become a Member, User’s are required to complete an online registration form. The User represents and warrants that the information given in that registration form will be truthful, accurate and complete. Mpact will hold all such information in accordance with the terms of Mpact’s Privacy Policy and it may be used to validate registration for Membership;

9.1.2. any subscriptions to Membership Cards are deemed to commence from the date of receipt of User’s completed order, registration form or online registration and payment of the Membership Fee;

9.1.3. Unless otherwise terminated in accordance with these Terms and Conditions, prior to the end of the validity period, Membership will be automatically renewed.

9.1.4. Members must present their Membership Card or Membership ID it to the applicable hotel, restaurant or outlet when seeking to use the Services offered by the relevant Service Providers.

9.2.

Each Membership Card shall be valid for the term indicated thereon, unless earlier cancelled or suspended by Mpact at the request of the Member or as otherwise permitted under these Terms and Conditions.

9.3

Mpact reserves the right to cancel a Member’s Membership, immediately and without notice, in the following circumstances:

9.3.1. the Member fails to pay the Membership Fee prior to use of the Services or such payment is in any way rendered void following payment;

9.3.2. the Member breaches the terms and conditions imposed on use of the Services by the Service Provider providing such Services; or

9.3.3. the Member is otherwise in breach of any obligation in these Terms and Conditions.

9.4

To cancel any Membership, Member’s must contact support@supperclubme.com and upon verification that no successful bookings have been completed and the Membership subscription is still within the validity period, 80% of the purchase price will be refunded to the purchaser.  Please refer to clause 14.1.1

9.5

Members shall not, under any circumstances, copy or seek to copy the Membership Card, obtain any of the Services by fraudulent means or assist others to copy the Membership Card or obtain the Services by fraudulent means.

9.6

Separately and in addition to these Terms and Conditions, when using any Service, Members agree to be bound by the terms and conditions imposed by the Service Provider providing that Service as such terms and conditions are made available by the relevant Service Provider.

9.7

When using any Service, Members shall at all times:

9.9.1 behave with decorum and in a manner appropriate to the settings of the restaurant or outlet (as applicable) as stated in the Mpact Code of Conduct

9.9.2 not disrupt the enjoyment of other users of the restaurant or outlet (as applicable); and

9.9.3 not behave in any way which brings the Impact name into disrepute.

10. Corporate Members

10.1.

Membership and access to the Mpact Services may be purchased by companies on behalf of or for the benefit of their employees (each such a company being a “Corporate Member”). In such case, the Corporate Member will be liable for the actions of its employees when using this Website and the Services as though the Corporate Member was itself using this Website or the Services.

10.2.

The Corporate Member will use its best endeavours to ensure that its employees that use this Website or the Services are made aware of and adhere to these Terms and Conditions and are subject to the obligations herein as though the employee was itself the Member.

10.3.

The Corporate Member shall indemnify and shall keep indemnified Mpact against all expenses, costs, claims, proceedings, damage and loss arising out of or in connection with any breach or non-performance of these Terms and Conditions by the Corporate Member and/or its employees or any act or omission by the Corporate Member and/or its employees.

11. Lost and Stolen Membership Cards

11.1.

If a Member becomes aware that a Membership Card is lost or stolen, or that it has been used in any unauthorised way or by any person not being the Member(s) to whom the Membership Card was issued, then such Member shall promptly notify Mpact of this.

11.2.

After a Membership Card has been reported lost or stolen, Mpact shall issue a replacement Membership Card. Subject to Clause 15.4, Membership Cards will be sent by Mpact within 5 Business Days of the date of the report of the lost or stolen Membership Card. There will be a charge of 50 AED for issuing the replacement card.

11.3.

Mpact reserves the right to charge Members a reasonable fee for the production of each Membership Card which is additional to the first Membership Card issued.

11.4.

Lost or stolen Membership Cards shall be deactivated.

12. Pricing

12.1.

The description of any Membership, including the Membership Fee, purchased hereunder will be confirmed in an invoice or at point of payment if purchased online.

12.2.

Prices for any supperclubme.com Services or Membership Cards are subject to change without prior notice. Mpact aim to regularly update all publicly available sources of price information via the Website to ensure that you have accurate information available to you when you order.

13. Payment of the Membership Fee

13.1.

The Membership Fee must be paid in advance of a Membership Card being issued and the Services being used.

13.1.1 The Membership fee is paid upfront.  Should you wish to cancel your membership at any time before the end of the validity period and before you have completed any successful bookings, a 20% early cancellation fee applies.

13.2.

Membership Fee(s) are payable in AED and may be paid by credit card. Corporate members may pay via bank transfer according to separate agreement with Mpact.

13.3.

The credit card used for the initial payment of your supperclubme.com membership will be kept on file with our chosen payment processor for the duration of your membership.

13.4.

The owner of the credit card will be liable for any additional fees or charges applicable for the duration of the membership

13.5.

All membership fees are exclusive of VAT and other sales or indirect taxes which may be due or introduced as a result of changes to Federal Law. If any such taxes are payable on payments under these Terms and Conditions, then Mpact reserves the right to collect these taxes from the Member.

14. Product Delivery

14.1.

Each Member will be entitled to a Membership Card.

14.2.

In order for Mpact to produce the Membership Card, each Member shall provide the following details to Mpact in relation to the Member:

14.2.1. name;

14.2.2. current residential address;

14.2.3. date of birth;

14.2.4. email address;

14.2.5. telephone number;

14.2.6. a recent passport photograph; and

14.2.7 credit card details.

14.3.

Membership Cards are delivered by courier service unless otherwise agreed by Mpact.

14.4.

Mpact cannot guarantee the availability of Membership Cards at any given time and some Membership Cards may therefore take longer to despatch.

15. Guest Cards

15.1.

Member’s shall have the option to purchase additional Membership Cards which shall be valid for use by guests of the member (“Guests”) excluding public holidays

15.2.

Guests shall provide to Mpact the same details as are required of Members as set out in Clause 15.2 and shall be presented with their own Membership Card which they shall carry with them at all times whilst using the Services, or any one of them.

15.3.

Members shall be liable for the actions of their Guests, when such Guests use the Services, as if the Guest and the Member were one and the same person and in accordance with these Terms and Conditions.

15.4.

Members shall be responsible for bringing these Terms and Conditions to the attention of their Guests prior to use of the Services, or any one of them, by such Guests. Use of the Services, or any one of them, by such Guest shall be an acknowledgment by each Guest that they will adhere in full to these Terms and Conditions.

15.5.

In addition to the liability of Members for the actions of their Guests whilst using the Services, or any one of them, Guests shall be personally liable for their actions as though they themselves were a Member in accordance with these Terms and Conditions.

16. General

16.1. Data Protection

16.1.1. The User (which term shall include Members) acknowledges and consents that, subject to Mpact complying with all applicable data protection laws in force from time to time, Mpact may disclose to relevant third parties (including but not limited to the Service Providers) any personal information relating to the User as is reasonably necessary in order to, amongst other things, process applications for Membership, perform Mpact’s obligations under these Terms and Conditions and allow the Service Providers to provide the Services.

16.1.2. The User acknowledges and consents to Mpact using personal information about Users for market research purposes and to inform Users about Mpact products and services, legal developments or information which Mpact believes may be of interest to Users. For further details please consult our Privacy Policy.

16.2. Force Majeure

If by reason of labour dispute, strikes, inability to obtain labour or materials, fire or other action of the elements, accidents, power or telecommunications failure, customs delays, governmental restrictions or appropriation or other causes beyond the control of a party, such that Mpact is unable to perform in whole or in part its obligations set forth in these terms, then Mpact shall be relieved of those obligations to the extent it is unable to perform them and such inability to perform shall not make Mpact liable to any other party.

16.3. Nature of Agreement

16.3.1. For the avoidance of doubt it is hereby expressly agreed and declared that:

16.3.1.1. nothing in these Terms and Conditions shall create or form or be deemed to create or form a partnership or joint venture or establish a relationship of employer and employee between the Parties; and

16.3.1.2. neither Party shall be considered a Commercial Agent of the other Party for the purposes of UAE Law No. 18 of 1981, as amended (the “Commercial Agencies Law”) and these Terms and Conditions shall not be registered as a Commercial Agency in accordance with the provisions of the Commercial