Terms Of Use

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Fine Dining Terms Of Use

This Terms and Conditions ("T&C") is entered into by the User and Innovation Discount Card Services, UAE (Company). The Site http://www.visafinedining.com ("Site") is comprised of various web pages, tools, software, content, video software, and other user features operated by the company as part of its Dining Discount, Rewards and Concierge Program ("Innovation Discount Card Program") offered in the UAE. These Terms and Conditions are binding on the members as soon as they visit the Site agreeing to the same.

1. Acceptance of Terms

By entering the Site and / or any page accessible on the Site and / or by posting information on the Site or dealing with COMPANY in any way through the Site, the User accepts, without limitation or qualification, to be bound by the terms of this T&C and that User is at least 18 years of age and has not been previously denied access to the Site in any manner by the COMPANY. This T&C sets forth the terms and conditions under which the User uses the Site and under which COMPANY agrees to the use of the Site.

You agree to abide by any applicable posted guidelines for all COMPANY services, which may change from time to time. Should you object to any term or condition of the T&C, any guidelines, or any subsequent modifications thereto or become dissatisfied with COMPANY in any way, your only recourse is to immediately discontinue use of COMPANY.

If the User does not wish to be bound by the terms the User should not access or use the website.

2. Registered Users

The use of the Site and its services and login into the Site is limited to parties who can enter into and form legally binding contracts under applicable law. Minors (those under 13) are prohibited from using the system and services. Any user who have been denied the use of the Site by COMPANY shall not be entitled to use the same.

Wherever the User is asked to provide information in connection with the website, the User agrees to provide true, accurate, current and complete information when registering, as registration indicates acceptance of this T&C. User will also update any changes in the information to enable continued accuracy of the information. The User is not obliged to provided, the Site with any optional information requested. COMPANY reserves the right to refuse use of the system and services to anyone at any time for any reason without notice.

As part of their registration on the site and for login, a user shall not post any information containing pornographic obscene illegal or rude material. Information that are posted are subject to review by COMPANY and shall be removed without prior notice, if in violation with the T&C. COMPANY also reserves its right to cancel the User account and keep any monies owed to the User.

3. Scope of The Site

The Site provides upfront discount to a user who takes its "Fine Dining" Card, provides an opportunity to the user to earn rewards through a tracking POS implemented at the restaurant level and provides concierge - advance reservations at designated restaurants.

Disclaimers

You understand that all information provided by you in the online "Fine Dining" Card ordering payment options such as credit card, E- check and other materials ("Content") posted on, transmitted through, or linked from the Service, are the sole responsibility of the person from whom such Content originated. More specifically, you are entirely responsible for each individual item ("Item") of Content that you make available via the Site. You understand that COMPANY does not control, and is not responsible for Content made available through the Service. Furthermore, the Site and Content available through the Service may contain links to other websites, which are completely independent of COMPANY. COMPANY makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such site. Your linking to any other websites is at your own risk. You agree that you must evaluate, and bear all risks associated with the use of any Content, that you may not rely on said Content, and that under no circumstances will COMPANY be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of the Site.

4. Security

By signing up on the Site or opening an account with the Site, the user authorizes COMPANY to, at any time and from time to time, confirm the user's identity and take steps to validate the financial transactions the user performs on the Site. To help these security checks, the user agrees to provide COMPANY with identification or other information or documents as COMPANY requests.

User information on the Site: (a) shall not infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (b) shall not violate any law, statute, ordinance or regulation (including without limitation those governing export control, consumer protection, unfair competition, antidiscrimination or false advertising); (c) shall not be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (d) shall not be obscene, contain child pornography or other pornographic or indecent material; and (e) shall not contain any viruses, Trojan horses, worms, time bombs, cancel bots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.

The User shall not use any device, software or routine to undermine the usability or interfere or attempt to interfere with the proper working of the Site or any sale being conducted on the Site. The User shall not take any action which imposes an unreasonable or disproportionately large load on the Site infrastructure. On registration, the User can select a password and shall be responsible for all usage under said account password. Unauthorized use of or sharing of passwords or user accounts is strictly prohibited. Passwords shall be kept confidential.

5. Right to Change, Modify or Terminate Site

Without prejudice to any other rights that it may have, COMPANY reserves the right and sole discretion to change, limit, terminate, modify or alter at any time the Site content, payment plans, or temporarily or permanently cease to provide the Site or any part thereof to any user or group of users, without prior notice and for any reason or no reason. COMPANY thus reserves the right, from time to time, to amend or change this T&C (including any of the policies which may be applicable to use of the Site).

The User agrees to visit the Site periodically to be aware of and review any such revisions. Changes to this T&C shall be effective upon posting. By continuing to use the Site after revisions are posted, the User accepts the revisions and agrees to abide by them. In case of fraud or scam COMPANY will suspend your account.

This T&C may be terminated immediately at any time, with or without notice by COMPANY in case of any material breach of any of the provisions of this T&C by the User. COMPANY shall terminate membership and any of current accounts immediately if the User commits breach of this T&C or if COMPANY is unable to verify or authenticate any information the User provides to it. A user subscription may be terminated at any time, with or without notice by COMPANY. In the event COMPANY terminates this T&C, the User must immediately stop using the Site. The User acknowledges that COMPANY shall be the final decision maker of whether the User have violated the T&C in a manner that results in his suspension or permanent barring from participation in the Site.

6. Limitations

COMPANY's responsibilities are limited as below:

  • a.

    User understands and agrees that COMPANY has no control over the quality or legality of the contents posted, or the truth or accuracy of the contents or the information provided in such contents. COMPANY is not responsible for the legalities of any copyrighted content uploaded by any User. The reliability, availability and performance of resources accessed on these contents are beyond COMPANY's control and are not in any way warranted or supported by COMPANY. The User agree that COMPANY cannot and does not guarantee or warrant that files available for downloading through the Site will be free of viruses, worms, Trojan horses or other code that manifests contaminating or destructive properties.

  • b.

    The User agree that use of the Site and the Internet, without limitation, is solely at his own risk and is subject to all applicable local, state, national and international laws and regulations.

  • c.

    The User agree that the Internet is not a secure network and that third parties may be able to intercept, access, use or corrupt the information the User transmit over the Internet. COMPANY is not responsible for invalid destinations, transmission errors, or corruption, interception or security of user data. The User further understands and agrees that COMPANY has no control over third party networks or sites that the User may access in the course of use of the Site, and that delays and disruptions of other network transmissions are completely beyond the control of COMPANY.

  • d.

    The Site is intended solely for private and personal use on the user's computer. Any other use or any attempt to use the Site in any way that violates any law, rule or regulation for the time being in force, or for any other commercial or other purposes is strictly prohibited and the User understands and agrees that COMPANY shall not be responsible for the same. The Site is not intended to be available to places or for purposes in which its use is illegal or otherwise prohibited.

  • e.

    The User is responsible for researching and complying with any applicable laws, regulations or restrictions on links, or items or services described or offered in links, in which they participate.

  • f.

    The User understands and agrees that there are risks in dealing with online banking while payment transactions. The user should be attentive of giving personal information.

7. Intellectual Property Rights

The Site is protected to the maximum extent permitted by copyright laws and international treaties. Content displayed on or through the Service is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws, and international conventions. Any reproduction, modification, creation of derivative works from or redistribution of the site or the collective work, and/or copying or reproducing the sites or any portion thereof to any other server or location for further reproduction or redistribution is prohibited without the express written consent of COMPANY.

All title and intellectual property rights (including without limitation, copyrights, patents, trademarks and trade secrets) in and to the Site (including but not limited to, related software and including but not limited to any images, graphic, photographs, animations, video, audio, music, text and "applets", incorporated into the software, and any copies of the software), are owned by COMPANY, its affiliates or suppliers. All title and intellectual property rights in and to the information and content which may be accessed through use of the Site are the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties.

This T&C does not grant the User any rights to use such content, other than the right to use the Site according to the terms of the T&C. The User further agrees not to reproduce, duplicate or copy Content from the Site without the express written consent of COMPANY, and agree to abide by any and all copyright notices displayed on the Site. User shall not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Site.

8. No Spam Policy

Any unauthorized use of COMPANY computer systems is a violation of the T&C and various national laws, Such violations may subject the User and his or her agents to civil and criminal penalties.

9. Notices

All notices and other communications under this T&C must be in writing, and must be mailed by registered or certified mail or any other form of communication [fax/email] at the COMPANY address above or to the email addresses provided by the User during registration on the Site. Notice will be deemed to be served 24 hours after dispatch in case of a fax or an email and 4 days after dispatch in case of registered or certified mail.

10. Governing Law and Disputes

The User and COMPANY agree that the substantive laws of the country of UAE, without reference to its principles of conflicts of laws, will be applied to govern, construe and enforce all of the rights and duties of the parties arising from or relating in any way to the subject matter of this T&C. The User and COMPANY consent to the exclusive personal jurisdiction of and venue in a court located in UAE, for any suits or causes of action connected in any way, directly or indirectly, to the subject matter of this T&C or to the Site. Except as otherwise required by law, including UAE laws relating to consumer transactions, any cause of action or claim the User may have with respect to the Site must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred.

11. Disclaimer of Warranties

BY OPENING, MAINTAINING AND USING AN ACCOUNT, THE USER REPRESENTS AND WARRANTS THAT HE IS NOT A RESIDENT OF ANY JURISDICTION WHICH DOES NOT ALLOW THE SERVICES PROVIDED BY THE SITE TO BE OFFERED OR USED.

COMPANY PROVIDES THE SITE ON AN "AS IS", AND AS AVAILABLE, BASIS, WITH ALL FAULTS, AND HEREBY DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, NON-INFRINGEMENT, NON-INTERFERENCE, COMPATIBILITY OF SOFTWARE PROGRAMS, INTEGRATION, LACK OF VIRUSES OR OTHER DISABLING CODE OR CONDITION OR THOSE WARRANTIES WHICH MAY ARISE BY COURSE OF DEALING, OR COURSE OF TRADE. ANY MATERIAL DOWNLOADED OR OTHERWISE THROUGH THE USE OF COMPANY IS DONE AT THE USER'S OWN DISCRETION AND RISK AND THE USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO THE USER'S COMPUTER SYSTEM AND LOSE OF DATA THAT RESULT FROM THE ABOVE.

COMPANY DOES NOT WARRANT THE SECURITY OF THE SITE OR, INFORMATION, SOFTWARE, CONTENT, AND FEATURES AVAILABLE, OR THAT IT WILL BE UNINTERRUPTED, ERROR-FREE, PROVIDED PROPERLY OR COMPLETELY, OR BE AVAILABLE 24 HOURS PER DAY, 7 DAYS PER WEEK.

12. Indemnification

The User agrees to defend, indemnify and hold harmless COMPANY and its officers, directors, employees, agents and suppliers from and against all liabilities, costs and expenses, including reasonable attorney's fees, related to or arising from: (a) any violation of this T&C by the User (or any parties who use his computer, with or without his permission, to access the Site); (b) the use of the Site or the Internet or the placement or transmission of any message ,payment transactions information, software or other materials on the Internet by the User (or any parties who use the User's computer to access the Site, with or without his permission); (c) negligent acts, errors, or omissions by the User (or any parties who use his computer to access the Site, with or without his permission); (d) injuries to or death of any person and for damages to or loss of any property, which may in any way arise out of or result from or in connection with this T&C, except to the extent that such liabilities arise from the active negligence or willful misconduct of the other party; or (e) claims for infringement of any intellectual property rights arising from the use of the Site or the Internet.

13. Limitation of Liability

IN NO EVENT WILL COMPANY BE LIABLE TO ANY PARTY FOR (I) ANY SPECIAL, DIRECT, INDIRECT, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) OR ANY OTHER DAMAGES ARISING IN ANY WAY FROM OR IN CONNECTION WITH THE AVAILABILITY, USE, RELIANCE ON, PERFORMANCE OF THE SITE, PROVISION OF OR FAILURE TO PROVIDE THE SITE, LOSS OF DATA, THE USER ACCESS OR INABILITY TO ACCESS OR USE THE SITE OR THE USE AND RELIANCE ON LINKS, INFORMATION OR CONTENT AVAILABLE ON OR THROUGH THE SITE, INCLUDING VIRUSES ALLEGED TO HAVE BEEN OBTAINED, OR INVASION OF PRIVACY FROM OR THROUGH THE SITE, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE; OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER DYSFUNCTION IN, OR DESTRUCTIVE PROPERTIES OF, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE SITE. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. IN SUCH STATES OR JURISDICTIONS, COMPANY'S LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

14. Data Management

The User is solely responsible for obtaining, installing, and maintaining suitable equipment and software, including any necessary system or software upgrades, patches or other fixes, which are or may become necessary to access the Site.

The User is responsible for management of his information, including but not limited to back-up and restoration of data, erasing data from disk space the User control and changing data on his router. The User is also responsible for development and maintenance of any security procedures the User deems appropriate, such as logon security and encryption of data, user ID and password on his router and firewalls, to protect his information.

COMPANY is not responsible for back-up and restoration of user information or for any loss of or disablement of access to such information. In addition, the User agrees that information required by the Site software (including any personalization information) and other identifying information requested by COMPANY or its portal supplier may be placed in the Site's user directory.

15. Waiver

Save where this T&C expressly provides, none of the Parties shall be deemed to have waived any right, power, privilege or remedy under this T&C unless such Party shall have delivered to the other Party a written waiver signed by an authorized officer of such waiving Party. No failure or delay on the part of any of the Parties in exercising any right, power, privilege or remedy hereunder shall operate as a waiver, default or acquiescence thereof, nor shall any waiver on the part of any of the Parties of any right, power, privilege or remedy hereunder operate as a waiver of any other right, power, privilege or remedy, nor shall any single or partial exercise of any right, power, privilege or remedy hereunder preclude any other or further exercise thereof or the exercise of any other right, power, privilege or remedy hereunder.

16. Miscellaneous Provisions

Severability - If any part of this document is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

Entire Agreement - This T&C, including all Attachments hereto, which are fully incorporated into this T&C, and also including all policies and notices incorporated into this T&C by reference, constitutes the entire agreement between the User and COMPANY with respect to the subject matter hereto and supersedes any and all prior or contemporaneous agreements whether written or oral. The User agrees not to assign or otherwise transfer this T&C in whole or in part; any attempt to do so shall be void. This T&C may be revised by as mentioned above in paragraph 8. Any terms varying from this T&C in any written or electronic communication from the User are void.

Assignment – Neither of the Parties hereto shall be entitled to assign this T&C or any of their rights, powers, obligations and/or duties hereunder without the prior written consent of the other Party.

Language - All notices given under this T&C shall be in English. If there is any inconsistency between any document and any version of the same document, the English version shall be deemed as definitive and authoritative.

Survival – The Clauses of this T&C, which by nature are intended to survive termination of this T&C shall remain in effect after such termination. Compliance with Local Laws - Both parties agree to comply with the appropriate and relevant local laws [wherever applicable] concerning the purposes and activities envisaged under this T&C.

Captions and Headings - All captions, headings, and titles contained in this T&C are for convenience and reference purposes only and shall not be deemed a part of this T&C. This T&C may be executed and delivered in counterparts, all of which taken together shall constitute a single instrument.

Foreign Exchange - Both the parties agree to be governed by the Laws of UAE regarding the use of foreign exchange in their transactions.

17. Feedback

We welcome your questions and comments on this document as emailed to info@visafinedining.com.

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