Kidzapp Terms & Conditions

The following sets out the terms and condition for use of the Kidzapp website, application and our services.

1. Introduction

1.1 These are the terms of use, including the terms and conditions of supply (Terms), for www.Kidzapp.com and the Kidzapp application. For the purposes of these Terms, both the website and application shall be referred to as the “App”. The App is operated by Kidzapp LLC as Kidzapp (we, us and our). We are a limited liability company, registered in Sharjah, UAE, with offices at 1404 Ascott Park Place.

1.2 Your use of the App and your Purchase of any of the Tickets or bookings offered via our App is subject to these Terms and by placing an order for any Tickets you agree to be bound by them. You should print a copy of these Terms for future reference. Use of your personal information submitted via this App is governed by our privacy policy. Your use of the App implies that you have also read and accepted the Privacy Policy. Please email us at [email protected] if you have any questions or concerns. Any mention of the word Tickets refers to any  Tickets purchased or Bookings made through the App.

1.3 We reserve the right to change these Terms from time to time by changing them on the App, although no such change will affect any Purchase you have already made with us. Your continued use of the App and any new Purchases will be bound by the new Terms. These Terms were last updated on March 20, 2019.

1.4 As a consumer, nothing in these Terms will prevent you or stop you from being able to enforce or receive the full benefit of your legal rights provided under general UAE law (your “non-excludable statutory rights”).

1.5 In these Terms we use various capitalised terms (they are “defined”). This means they have special meanings, found in the next-to-last section of these Terms.

2. The basics

2.1 To use the App and make any Purchases, you must be 18 or over. By continuing to use the App and agreeing to these Terms you are representing to us that you are 18 and we can rely on this representation.

2.2 The App and the Events offered on the App are only directed at people who access the App and make Purchases in the UAE. We do not represent that any Events are suitable outside the UAE and you should be careful to satisfy yourself of a Event’s suitability to your circumstances (such as considering your travel arrangements to/from the event because unless this is expressly stated as part of the Event, it is not included as part of the Purchase). If you choose to use the App or make a Purchase outside the UAE you do so at your own initiative.

2.3 We grant you a limited licence to use the App to access and use our services for your own personal and non-commercial use, provided that you comply fully with these Terms (e.g. you must not re-sell the Tickets).

2.4 We reserve the right to prevent you using the App or making Purchases, however we will honour Purchases already made, unless you have not complied with these Terms or we are unable to because of circumstances outside our control. For more on this, please read below.

3. Access to the App

3.1 We cannot guarantee the continuous, uninterrupted or error-free operability of the App. There may be times when certain features, parts or content of the App, or the entire App, become unavailable (whether on a scheduled or unscheduled basis) or are modified, suspended or withdrawn by us, in our sole discretion, without notice to you. You agree that we will not be liable to you or to any third party for any unavailability, modification, suspension or withdrawal of the App, or any features, parts or content of the App.

3.2 We may change the format and content of the App from time to time. We reserve the right to modify, change, substitute or withdraw any Events or other information on our App. You agree that your use of the App is on an ‘as is’ and ‘as available’ basis and at your sole risk.

4. Registering a Kidzapp account

4.1 Why register? To put simply, if you don’t register an account, you won’t be able to make any Purchases. This is because you need an account in order to view your Purchased Tickets, redeem them (if required), view your past Purchases, and modify your preferences to name a few. We reserve the right to decline a new registration or cancel your account at any time (including if you don’t provide us with a valid e-mail address that is personal to you, or if you don’t provide us with a correct name and surname).

4.2 To register an account you will need to fill out a form on the mobile app or online. You warrant that the information you input is true, complete and accurate. You will promptly inform us of any changes to such information (you can do this by updating your account details at any time). The personal information you give us is governed by our privacy policy.

4.3 In order to register and access your account, you will need to choose a password. It is important you keep this password confidential because you are entirely responsible if you do not maintain the confidentiality of your password to a reasonably expected standard and Purchases are made via your account. Let us know as soon as you become aware there has been a breach of security and we will suspend your account. You agree that any person who you directly or implicitly permit to use your password (implicitly, for example, because you do not log out of your account and another person uses your device to make Purchases or you write your password on a noticeboard in your home and a family member then uses it to gain access to your account) is authorised to act as your agent to use the App and make Purchases via your account. You will not be responsible to pay for Purchases made after you have notified us of a password change or that security has been compromised.

4.4 One individual user is allowed to register only one account on the App. You warrant that you will not create fraudulent accounts. You also warrant that you will not use any fraudulent activities to generate unfair Reward Credits in the App to be applied to you (for instance, you will not redeem your own invitation code with a different account of yours).

5. What you are allowed to do

5.1 You may only use the App for non-commercial use and only in accordance with these Terms. You may retrieve and display content from the App on a computer or mobile device screen, print and copy individual pages and Tickets and, subject to the next section, store such pages and/or Tickets in electronic form. Additional terms may also apply to certain features, parts or content of the App and, where they apply, they will be displayed before you access the relevant features, parts or content.

6. What you are not allowed to do

6.1 Except to the extent expressly set out in these Terms, you are not allowed to:

  • store pages of the App on a server or other storage device connected to a network or create an electronic database by systematically downloading and storing all or most of the pages of the App; or
  • remove or change any content of the App or attempt to circumvent security or interfere with the proper working of the App or the servers on which it is hosted.

6.2 You must only use the App and anything available from the App for lawful purposes (complying with all applicable laws and regulations), in a responsible manner, and not in a way that might damage our name or reputation or that of any of our affiliates.

6.3 All rights granted to you under these Terms will terminate immediately in the event that you have not followed your responsibilities as required by them (legally known as a “breach”).

7. Intellectual property rights

7.1 All intellectual property rights (which includes rights such as copyright, and rights in trade marks) in any content of the App (including text, graphics, software, photographs and other images, videos, sound, trade marks and logos) are owned by us and/or our licensors. Except as expressly set out in these Terms, nothing in these Terms gives you any rights in respect of any intellectual property owned by us or our licensors and you acknowledge that you do not acquire any ownership rights by downloading content from the App. If you print off, copy or store pages from the App (only as permitted by these terms and conditions), you must ensure that any copyright, trade mark or other intellectual property right notices contained in the original content are reproduced.

7.2 You agree that by submitting any posting, images or other content for publication on the App (Your Content), you retain any copyright you may have in Your Content, however you grant us and our affiliates a perpetual, irrevocable, worldwide, non-exclusive, royalty-free and fully sub-licensable right and licence to use, reproduce, edit, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such content (in whole or in part) and/or to incorporate it into other works in any form, media or technology, whether for commercial or non-commercial purposes. You waive any moral rights you may have in, or to be identified as the author, of Your Content.

7.3 You are solely responsible for Your Content (including content you share with other sites, such as social networking sites) and we do not endorse Your Content or any opinion, recommendation, or advice expressed therein, and we expressly disclaim any and all liability in connection with Your Content.

8. Review forums

8.1 The App may, from time to time, make message boards, news groups and/or other public forums (collectively Review Forums) available to you so that you can feedback on Events offered on the App and read the feedback submitted by other users of the App. We do not control the material submitted to Review Forums (collectively Postings), nor are Review Forums moderated. You are solely responsible for the content of your Postings as submitted by you and acknowledge that all Postings express the views of their respective authors, and not our views.

If you participate in any Review Forum, you must:

  • keep all Postings relevant to the purpose of the Review Forum and the nature of any topic;
  • not submit any Posting that is unlawful, threatening, abusive, libellous, pornographic, obscene, vulgar, indecent, offensive or which infringes on the intellectual property rights or other rights of any person;
  • not submit any Posting that contains any viruses and/or other code that has contaminating or destructive elements;
  • not submit any Posting containing any form of advertising; and
  • not impersonate, or misrepresent an affiliation with, any person or entity.

You agree that, by submitting any Posting, you grant us and our affiliates a perpetual, irrevocable, worldwide, non-exclusive, royalty-free and fully sub-licensable right and licence to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Posting (in whole or part) and/or to incorporate it in other works in any form, media or technology, and you waive any moral rights you may have in, or to be identified as the author, of such Posting.

You also agree that by submitting any postings that may include images, you have full rights and privacy permissions to use those images and you grant those rights to Kidzapp to use the same as above.

Whilst we do not screen or monitor Postings, we reserve the right, in our sole discretion, to delete, edit or modify any Posting submitted by you and/or to close any topic, at any time without notice to you.

Complaints about the content of any Posting must be sent to [email protected] and must contain details of the specific Posting giving rise to the complaint

9. External links

9.1 The App may, from time to time, include links to external sites. We have included links to these sites to provide you with access to information and services that you may find useful or interesting. We are not responsible for the content of these sites or for anything provided by them and do not guarantee that they will be continuously available. The fact that we include links to such external sites does not imply any endorsement of or association with their operators.

10. Your personal information

Use of your personal information submitted via the App is governed by our privacy policy. By using this App you confirm that you have read and agree to our Privacy Policy.

11. Purchasing tickets

11.1 Your relationship with the Merchant

Except for a very small number of Events, we act as a disclosed agent for our Merchants, such as a theatre or concert promoter. This means that the contract for the Event is between you and the Merchant. In most cases this means there are likely to be additional terms and conditions which apply to your contract with the Merchant (because each Merchant has different terms relevant to the Event, for example a concert promoter will have different terms of entry than a theatre). These additional terms, if any, shall be made known to you at the time of Purchase, and/or you may Contact Us for details. We will also provide a link to the terms in the ticket confirmation email and/or as part of the redemption instructions we send you. You shall ensure that anyone using a Ticket with a Merchant complies with those terms.

11.2 Where we act as agent this means that we have no contractual liability to you in respect of that particular Event. However, we may still be liable to you if we have been negligent, made a fraudulent misrepresentation or been in breach of any other relevant law. For a small number of Events we may act as principal rather than agent, which means the contract for the Event is between you and us. We will let you know where we act as principal, otherwise we will always be acting as agent.

You have a complaint with the quality of the Events your complaint lies with the Merchant, not Kidzapp LLC, although we’d still love to hear your feedback so we can decide whether or not to continue offering events from that Merchant in the future. Contact details for the Merchant will be provided in the confirmatory email and/or in the redemption instructions we send you when you make a Purchase. We will of course use our reasonable endeavours to assist you with providing feedback to the Merchant if you so request: Contact us.

11.4 Since your contract is not with us, but with a Merchant, we may pass essential booking details to that Merchant (remember, they are not a part of our company, but are third parties to whom we act as agent for). The placing of an order to purchase a Ticket will constitute consent to us passing your details for this.

11.5 Tickets

For most events you will receive an electronic Ticket or redemption instructions, since Kidzapp generally works on the basis of selling last-minute Event tickets (e.g. theatre seats). Sometimes you will need to collect your Tickets from the box office or a collection point where we are unable to send the electronic Ticket straight to your account. You will be notified if this is necessary and be provided with collection details, including location and times. You must take the acknowledgment of your order with you and the credit/debit card you used to make the order. If you fail to arrive at the collection point within the time specified, you will forfeit your ticket and we will not provide a refund.

11.6 Tickets must be used by the date of the Event shown on the Ticket, or it will no longer be valid (and you will not be entitled to a refund).

11.7 Tickets may be restricted to a maximum number. You will be informed of this at the point of purchase.

11.8 It is your responsibility to check your Tickets as if you have made a mistake it cannot always be rectified after purchase. Please check your Ticket(s) on receipt carefully and Contact Us immediately prior to the Event if there is a mistake, or if you have not received your Ticket(s).

11.9 It is your responsibility to ascertain whether an Event has been cancelled or re-scheduled and the date and time of the re-scheduled Event. We will use reasonable endeavours to notify you of a cancelled or re-scheduled Event but we do not guarantee you will be informed of such cancellation before the time for the Event.

11.10 Process of purchasing

Tickets may be Purchased by clicking on the Events you wish to Purchase and then following the prompts that will appear on-screen. You may check and correct any input errors in your order up until the point at which you submit your order to us by clicking the “Confirm Booking” button within the App.

11.11 Where a concession is claimed, proof of identity and concession entitlement (for example of age or student status) may be required.

11.12 Once submitted, your order constitutes an offer to us to Purchase a Ticket. All orders are subject to acceptance by us. We are not obliged to accept your order and may, in our discretion, decline to accept any order. Where we accept your order, we will confirm such acceptance to you by sending you an email that confirms that we have accepted your order and providing details of your Ticket. Notwithstanding our acceptance, we may immediately terminate or suspend the Purchase (and suspend or void the Ticket) if subsequently your payment details are found to be invalid or lack funds by our payment provider, or we or our payment provider reasonably suspect fraudulent behaviour linked with your account.

11.13 Reproduction, sale, resale or trade of a Ticket is prohibited. If you attempt to do this we reserve the right to void the Ticket and cancel your account. However, we encourage you to Purchase Tickets and give them as gifts!

11.14 Additional terms

Your ticket remains the property of the Merchant and is a personal revocable license which may be withdrawn and admission refused at any time upon refunding the printed purchase price.

11.15 Our Merchants may prohibit us from issuing exchanges or refunds after a Purchase is made, or for lost, stolen, damaged or destroyed tickets. It is your responsibility to keep your tickets safe, whether in digital or paper ticket formats. It is not always possible to issue duplicate tickets. If duplicates are being issued, a reasonable administration charge may be levied.

11.16 We may limit the amount of Tickets you can buy to an Event. We reserve the right, on reasonable suspicion, to cancel without notice or liability to you any order for Tickets purchased over any specified limits or if we reasonably suspect fraudulent conduct in connection with the Purchase.

11.17 A ticket shall not be used for advertising, promotions, contests or sweepstakes without the Merchant’s and Kidzapp LLC written consent.

11.18 Tickets are sold subject to the Event Partner’s right to alter or vary the programme due to events or circumstances beyond its reasonable control without being obliged to refund monies or exchange Tickets.

11.19 The venue may refuse or revoke admission should you or your guests breach any terms and conditions of the Event or Merchant, or otherwise upon reasonable grounds. Every effort to admit latecomers will be made at a suitable break in the event, but admission cannot be guaranteed. Ticket-holders may only leave and re-enter a venue during an Event at the discretion of the management of the venue. You only have the right to a seat corresponding to that stated on the Ticket, but the Merchant reserves the right to provide alternative seats to those stated on the Ticket.

12. Price and payment

12.1 The price of Tickets is as quoted on the App from time to time. Prices include VAT, if applicable.

Prices are liable to change at any time, but changes will not affect Purchases in respect of which we have already sent you an email confirmation.

12.2 Payment for all orders must be made by credit or debit card by entering such information in the Settings part in the App or as part of the booking process.

12.3 You should be aware that online payment transactions are subject to validation checks by your card issuer and we are not responsible if your card issuer declines to authorise payment for any reason. Please note, it is possible that your card issuer may charge you an online handling fee or processing fee. We are not responsible for this.

12.4 Kidzapp LLC maintains the https://www.kidzapp.com Website (“Site”) and Kidzapp App:

  • ‘We accept payment by Visa or Mastercard debit and credit cards in AED for our products and services
  • ’We will not trade with or provide any services to OFAC and sanctioned countries’’
  • ‘’Cardholder must retain a copy of transaction records and Kidzapp LLC policies and rules’’

13. Reward credits

13.1 Kidzapp LLC reserves the right to terminate the reward credits scheme or to change these terms and conditions, regulations, or benefits of participation, in whole or in part, at any time with or without notice, even though changes may affect the number of reward credits accumulated by the user.

13.2 Reward Credits that are not redeemed will expire three months from the date they are awarded.

13.3 If Kidzapp LLC believes, in its sole discretion, that a user is abusing the reward credits (e.g. sharing on deal and voucher websites), it will revoke all reward credits awarded to that user.

13.4 If reward credits are redeemed, and the user fails to attend the event, Kidzapp LLC will not refund the redeemed reward credits.

13.5 Rewards credits earned from two or more different user’s accounts cannot be combined and redeemed on the same booking.

13.6 Reward credits cannot be exchanged for cash and cannot be used anywhere other than on the Kidzapp app.

13.7 Reward credits cannot be purchased.

13.8 When converting reward credit amounts between currencies, Kidzapp LLC reserves the right to determine the exchange rate to be used.

13.9 Reward credits must have been added to a user’s account prior to purchase in order to be redeemed.

13.10 In order for referrers to earn reward credits as part of the Kidzapp LLC credit scheme, referees must make a purchase over and above the value of their reward credit. Individual referral codes are valid for up to 50 referees

14. Our cancellation and refunds policy

14.1 Purchases for Tickets cannot be exchanged or refunded, except in the following circumstances:

(a) If we discover an error in the price of the Tickets you have ordered, we will use reasonable endeavours to inform you as soon as possible and allow you to either reconfirm your order at the correct price (crediting or debiting your account as applicable), or cancel your order. If you choose to cancel, you will receive a full refund from us if you’ve already paid. If we are unable to contact you, this will be treated as a cancellation.

(b) If an Event is cancelled or there is a material change to the subject matter of the Ticket contract (that is what you have contracted to see) we will give you a full refund of the face value price paid or, if the face value has been reduced by the Event Partner, the discounted face value. A material change is one which, in our reasonable opinion, makes the Event materially different to what a purchaser of the Event, taken generally, could reasonably expect. For example, the use of understudies in a theatre performance does not constitute a material change. If an event is re-scheduled (and you cannot attend the re-scheduled date), we will coordinate with the Event Partner on how your ticket(s) will be treated however a refund cannot be guaranteed.

14.2 Paying refunds

We will usually refund any money received from you using the same method originally used by you to pay for your purchase.

You may reject a credit or refund within 30 days of receiving the credit or refund, but if you do not reject the credit or refund by notifying us within that timeframe you will be deemed to have accepted the credit or refund in full and final settlement of any and all claims, actions, demands and proceedings you may have against Kidzapp LLC arising out of the Ticket or Purchase for which you received the credit or refund.

14.3 Your legal rights

Nothing in these Terms limits or takes away from your legal rights under general law.

15. Our service standards

We warrant that we will exercise reasonable care and skill in performing our obligations under these Terms. Provided we have done so, we shall not be liable for errors or omissions, although we do, however, issue credits and refunds in limited circumstances (see section Our Refunds Policy). In the event of an error or omission we will use reasonable endeavours to correct any errors or omissions as soon as reasonably practicable after we become aware.

Except as expressly stated in these Terms, all warranties, conditions or other terms, whether express or implied by statute or common law or otherwise are excluded to the fullest extent permitted by law. This does not stop you from exercising your legal rights under general law to the extent that we cannot lawfully exclude them, or claiming any remedies you might be entitled to under general law.

16. Our liability

16.1 In no event shall we be liable to you for any business losses (and loss of profits shall always be treated as a type of business loss) and any liability we do have for losses you suffer arising from any Purchases shall not exceed 100% of the aggregate amount spent on the Purchase for the relevant Ticket(s). Further, our liability to you for any and all losses however they arise in connection with these Terms and your use of the App (including any Purchases) is strictly limited to losses that were reasonably foreseeable. Losses are foreseeable where they could be contemplated by you and us at the time your order is accepted by us.

16.2 Other than as expressly described in these Terms, Kidzapp LLC does not warrant and excludes all liability in respect of, or to provide, the Events for which Tickets may be redeemed, including in respect of the quality, safety, usability or any other aspect of the Events in respect of which a Ticket is or may be redeemed. We do, however, issue credits and refunds in limited circumstances (see section Our Refunds Policy).

16.3 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations that are caused by events outside our reasonable control.

16.4 Where videos are displayed they are intended to be purely representative of the artist or event. Your actual experience may vary.

17. Suspension and termination

17.1 We may suspend or terminate all or part of your use of the App, your account and/or a Purchased Ticket if you use (or permit anyone other than you to use) the App, your account or a Purchased Ticket in breach of these Terms and we do not reasonably consider that your breach can be resolved, or if it can be resolved you have failed to resolve it to our reasonable satisfaction after we have asked you to do so and given you a reasonable opportunity to do so.

17.2 Termination shall not prejudice any other right or remedy you or we may have in respect of accrued rights (including rights in respect of any breach) or liabilities which arose prior to termination.

18. General

18.1 These Terms are personal to you. You may not transfer or assign any or all of your rights or obligations under these Terms to any other person without our consent.

18.2 All notices given by you to us must be given in writing to the address set out at the end of these Terms. We may give notice to you at either the email or postal address you provide to us when placing an order.

18.3 If we fail to enforce any of our rights, it does not result in a waiver of that right.

18.4 If any provision of these Terms is found to be unenforceable, that provision shall be struck out and where capable all other provisions shall remain in force unaffected.

18.5 These Terms may not be varied except with our express written consent.

18.6 These Terms and any document expressly referred to in them constitute the entire agreement between you and us about the subject matter of these Terms and, in relation to such subject matter, supersedes and extinguishes all earlier understandings and agreements between you and us and all earlier representations by us, including any innocent or negligent misrepresentations. We do not limit our liability to you for any fraudulent misrepresentations made by us in these Terms or otherwise.

18.7 These Terms (and all non-contractual relationships between you and us) shall be governed by UAE law, and you agree that any dispute between you and us regarding them or any Purchase will only be dealt with by the nearest courts in UAE.

19. Dispute Resolution

19.1 In the first instance we request that you Contact Us if you have a complaint against us and we shall try to resolve it.

19.2 All disputes arising shall be heard only by a court of competent jurisdiction in U.A.E.

20. Additional terms relating to Apple

If you download, access and/or use the App on Apple’s iOS operating system:

20.1 The App may only be accessed and used on a device owned or controlled by you and using Apple’s iOS operating system, and only in accordance with Apple’s usage rules published in its App Store terms of service;

20.2 You acknowledge and agree that:

a) Apple has no obligation at all to provide any support or maintenance services in relation to the App. If you have any maintenance or support questions in relation to the App, please Contact Us, not Apple, using the details in these Terms;

b) Except as otherwise expressly set out in these Terms, any claims relating to the possession or use of the App are between you and us (and not between you, or anyone else, and Apple);

c) In the event of any claim by a third party that your possession or use (in accordance with these Terms) of the App infringes any intellectual property rights, Apple will not be responsible or liable to you in relation to that claim; and

d) Although these Terms are entered into between you and us (and not Apple), Apple, as a third party beneficiary under these Terms, will have the right to enforce these Terms against you;

20.3 You represent and warrant that:

a) You are not, and will not be, located in any country that is the subject of a United States Government embargo or that has been designated by the United States Government as a “terrorist supporting” country; and

b) You are not listed on any United States Government list of prohibited or restricted parties; and

20.4 If the App does not conform to any warranty applying to it, you may notify Apple, which will then refund the purchase price of the App (if any) to you. Subject to that, and to the maximum extent permitted by law, Apple does not give or enter into any warranty, condition or other term in relation to the App and will not be liable to you for any claims, losses, costs or expenses of whatever nature in relation to the App or as a result of you or anyone else using the App or relying on any of its content.

21. Definitions

“Merchant” means a third party partner of Kidzapp who sells the events and services for which a Purchase can be made.

“Purchase” or “Purchased” means the purchase of a Ticket.

“Ticket” means a ticket for a particular Event from a Merchant, which is subject to any additional terms of entry set by the Merchant.

“Events” means the events and/or services offered by a particular Merchant for which a Purchase can be made.

22. Contact Us

Please submit any questions you have about these Terms, an order you have placed or purchasing in general by email to [email protected] or write to us at:

Sharjah Media City
Sharjah
UAE

23. Purchase of Gift Vouchers

24.1 Kidzapp Gift Vouchers may be purchased through our mobile app. when the feature is made available. The value of the gift vouchers will be in AED and varied.

24.2 Once payment has been successful taken and your sale has been confirmed you will receive an electronic Gift Voucher, containing a unique Credit redemption code, via email within 24 hours of sale.

24.3 Kidzapp gift vouchers may be redeemed against the purchase of tickets through the Kidzapp app.

24.4 In order to redeem a Gift Voucher the receiver must have a valid Kidzapp account.

24.5 By entering the unique Credit redemption code in the app, that account will be credited with the full Gift Voucher value.

24.6 All Gift Vouchers, including any unused credit will expire after 1 year from issue.

24.7 Gift Vouchers or Credit cannot be redeemed for cash.

24.8 As with all purchases on Kidzapp, all sales are final and purchased Gift Vouchers or Credit cannot be refunded.

24.9 Gift Vouchers or Credit redeemed through a gift voucher cannot be transferred to another Kidzapp account or split across more than one account.

24.10 Gift Vouchers cannot be reissued and Kidzapp cannot be responsible for any lost or stolen gift vouchers.

24.11 Kidzapp Gift Vouchers and Credit can only be redeemed against UAE-based events.

24.12 Kidzapp reserve the right to remove sale of Gift Vouchers at any time. Any purchased Gift Vouchers and Credit will remain valid within the terms stated here.

24.13 Kidzapp’s Terms of Supply and apply to the purchase of gift vouchers.

Kidzapp Newsletter

By registering for the app, you also register for the Kidzapp newsletter. Please select unsubscribe from the bottom of any of our newsletter mailers in order to de-register.

ADV+ MEMBERSHIP TERMS & CONDITIONS

EXCLUSION POLICY

Advantage Plus (ADV+) reserves the right not to process a membership application for persons who currently hold, or have held in the past six months, any form of membership with any of the three selected Clubs or facilities. 

Any member who is found to have provided false information in relation to previous membership with any of the Club’s affiliated partners will have the club(s) in question removed from their selection and given the opportunity to select an alternative club. A refund will not be offered.

Terms of Use

By downloading, browsing, accessing or using this “ADV+” Advantage Plus Programme and advplus.myadv.me (“Advantage Plus Programme”), you agree to be bound by these Terms and Conditions of Use. We reserve the right to amend these terms and conditions at any time. If you disagree with any of these Terms and Conditions of Use, you must immediately discontinue your access to the Advantage Plus Programme and your use of the services offered on the Advantage Plus Program. Continued use of the Advantage Plus Programme will constitute acceptance of these Terms and Conditions of Use, as may be amended from time to time.

1. General Terms

1.1 The name of the club is the ADVANTAGE PLUS PROGRAMME (ADV+).

1.2 The ADV+ is established to provide Corporate Professionals in the UAE and their nominated partners with an organisation to belong to as members Comment end.

1.3 The ADV+ will provide social, recreational, sports & cultural activities to its members.

1.4 All members shall be subject to the rules and regulations, be entitled to use and enjoy in common with the other members of the club, the benefits and discounts provided to members, as mentioned on the website, without any financial liability except for the payment of the required membership fees and any fees pertaining to registration. Subject to the terms & conditions of each venue.

1.2. Membership

1.2.1 All members are entitled to all the privileges of membership based on the agreement to be bound by the rules and regulations of the ADV+.

2.2 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.

1.2.3 Members may be required to produce their membership card and must do so, on request, by any authorized person acting on behalf of any club, organization or venue that membership of ADV+ allows entry to or that provides a discount on food, drinks or services.

1.2.4 When using any Service, Members shall at all times:

1.2.4.1 behave with decorum and in a manner appropriate to the settings of the gym, beach club, restaurant or facilities of any Service Provider (as applicable);

1.2.4.2 not disrupt the enjoyment of other users of the gym, beach club, restaurant or facilities of any Service Provider (as applicable); and

1.2.4.3 not behave in any way which brings the ADV+ name into disrepute.

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

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

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

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

1.2.6 Membership of ADV+ is for personal use and is non-transferable. You may not give your card to a third-party to use as his/her own card. This is a fraudulent use of the ADV+’s property.

1.2.7 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.

1.2.8 Members shall not, under any circumstances, share access to their ADV+ PORTAL/APP, obtain any of the Services by fraudulent means or assist others to gain access or obtain the Services by fraudulent means.

1.2.9 The ADV+ may elect temporary, life, guest or honorary members on such terms as the club shall consider fit.

1.2.10 Single Membership allows membership for one person only. Allows single person entry into each leisure facility – does not include access for children. Single members need to pay child guest charges for children if they accompany the member to any of the free leisure facilities. Age and prices for children vary by the venue – please check the
website for more details.

1.2.11 Family Membership allows membership for two adults and up to two children per couple. Allows family entry into each leisure facility when both Family cardholders are present – if the members have more than two children, the member would need to pay child guest charges for the additional children at the leisure facility. Age and prices for
children vary by the venue – please check the website for more details. Note: Access for children is restricted to leisure facilities and does not include gyms.

1.2.12 Silver membership entitles the member to unlimited access to three pre-selected venues on a “first come first serve” basis. The three venues are fixed for 12 months.Subscription is paid yearly before the first check in to a venue. ADV+ subscriptions include unlimited use of ADV offers.

1.3. Membership Cancellation/changes

1.3.1 No membership fees shall be refunded if a member resigns from their employer. No refunds are given. No partial refunds are given. No memberships will be frozen if the member leaves Dubai for a period of time.

1.3.2 Membership is valid for a period of one year only and renewal is on an annual basis.Membership is sold for twelve months and not parts thereof. Expiry date appears on the card.

1.3.3.1. No refunds shall be given in respect of the Membership Fee, following cancellation of Membership.

1.3.3.2. No refunds shall be given in respect of the Membership Fee following cancellation due to Members’ misconduct.

1.3.4 Silver Membership club selection: Any member who selects his/her 3 clubs upon joining will be given a 30 day grace period to change one club should they realise they wish to change their choice of clubs.
Should no change request be done within the initial 30 days upon signing up, then all three clubs are to remain unchanged for the duration of the membership.

An admin fee of 75AED will be charged to replace the membership card indicating new club selection. No change of club will be done without the return of the original membership card.

1.3.5 Silver membership – Club Change request. On the occasion that a member requests a club change during the duration of the membership to a club that was added after the joining date. This change will incur AED 500 admin fee and card replacement fee. The fee for replacement is AED 150 per card.

1.4. Lost & Stolen Cards

1.4.1 The card is the property of the ADV+ and should be returned at the request of the ADV+.

1.4.2 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 the ADV+ of this.

1.4.3 After a Membership Card has been reported lost or stolen, ADV+ shall issue a replacement Membership Card with new membership number. Membership Cards will be sent by ADV+ within 5 Business Days of the date of the report of the lost or stolen Membership Card.

1.4.4 ADV+ 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. The fee for replacement cards is AED 250.

1.4.5 Lost or stolen Membership Cards shall be deactivated.

1.5. Partners & Deals

1.5.1 The ADV+ reserves the right to add /remove or amend the deals as it sees fit, to be toward the best interest of the ADV+ and its members. Should a contract with one of our partnered health clubs not be renewed for any reason, the health club contract will be replaced with a new contract of equal or better value.

1.5.2 All membership benefits are subject to change. No refunds will be made should any deals be changed/ amended/removed during the year whereby such deals terms and conditions were beyond the scope of power for ADV+ to amend. ADV+ is bound by every contract’s terms and conditions as determined in the paperwork and all members are to
be bound by it as stipulated between both parties.

1.5.3 ADV+ sells its membership as a package and no members signing on for only one particular offer will be offered a refund should an offer be amended/changed/removed during the course of the programme’s existing contract with a Partner Club/Vendor.Please refer to Section 3.

1.6. Exclusion Policy

1.6.1 ADV+ reserves the right not to process a membership application for persons who currently hold, or have held any form of membership with the ADV+’s affiliated partners, gyms, health clubs or facilities within 6 months from joining ADV+.

1.6.2 Any member who is found to have provided false information in relation to previous membership with any of the ADV+’s affiliated partners will have their membership cancelled with immediate effect and no refund will be given.

1.7. Membership Fees

1.7.1 The membership fee payable by a member shall be on the sum designated by the ADV+ and may change at the discretion of ADV+.

1.7.2 The ADV+ reserves the right to vary membership fees for different types of membership, as ADV+ shall see fit.

1.7.3 ADV+ reserves the right to change their membership fees to be applicable for new memberships or upon renewal, unless otherwise specified in writing and bound by an agreement with the client.

1.8. Administrative Fees

1.8.1 Administration Fee will not be applicable for membership renewals if the member completes the renewal requirements on or before the expiry of current membership.

1.8.2 An Administration Fee of AED 150 per membership will be applied where the member wishes to change their membership status from Single to Family Membership at any time other than upon membership renewal.

1.9. Partners

1.9.1 You are eligible to nominate partners to sign up with you.

1.9.2 Access to ADV+ Portal/App will be granted along with the Membership card. Each person is issued with unique membership number and access.

1.9.2 Nominated Partners are subject to approval by ADV+ and ADV+ reserves the right not to process a membership application without reason.

2. DEFINITIONS

In these Terms and Conditions of Use, the following capitalised terms shall have the following meanings, except where the context otherwise requires:
“Account” means an account created by a User on the Advantage Plus Programme as
part of Registration.
“Partner” refers to any entity whose products or offers can be purchased and/or redeemed (as the case may be) via the Advantage Plus Programme.
“Privacy Policy” means the privacy policy set out in Clause 14 of these Terms and Conditions of Use.
“Redeem” means to redeem a Partner’s products or offers on these Terms and Conditions of Use.
“Redemption” means the act of redeeming such products or offers.
“Register” means to create an Account on the Advantage Plus Programme and
“Registration” means the act of creating such an Account.
“Offers” means deals of Partner’s products and/or Partner’s services, including without limitation, any vouchers for the redemption of such services, and “Offer” means any one of them.
“Services” means all the services provided by Parasol Loyalty Card Services LLC via the Advantage Plus Programme to Users, and “Service” means any one of them,
“Users” means the member of the Advantage Plus Programme, including you and “User” means any one of them.

3. GENERAL ISSUES ABOUT THE Advantage Plus Programme AND THE SERVICES

3.1 Applicability of terms and conditions: The use of any Services and/or the Advantage Plus Programme and the making of any Redemptions are subject to these Terms and Conditions of Use.

3.2 Location: The Advantage Plus Programme, the Services and any Redemptions are intended solely for use by Users who access the Advantage Plus Programme as specified in the Partner Offer . We make no representation that the Services (or any goods or offers) are available or otherwise suitable for use outside of the specifically described region/
store/ location. Notwithstanding the above, if you access the Advantage Plus Programme, use the Services or make any Redemptions from locations outside United Arab Emirates, you do so on your own initiative and are responsible for the consequences and for compliance with all applicable laws.

3.3 Scope: The Advantage Plus Programme, the Services and any Redemptions are for your non-commercial, personal use only and must not be used for business purposes.

3.4 Prevention on use: We reserve the right to prevent you using the Advantage Plus Programme and the Service (or any part of them) and to prevent you from making any Redemptions.

3.5 Equipment and Networks: The provision of the Services and the Advantage Plus Programme does not include the provision of a mobile telephone or handheld device or other necessary equipment to access the Advantage Plus Programme or the Services or make any Redemptions. To use the Advantage Plus Programme or Services or to make
Redemptions, you will require Internet connectivity and appropriate telecommunication links. You acknowledge that the terms of agreement with your respective mobile network provider (“Mobile Provider“) will continue to apply when using the Advantage Plus Programme. As a result, you may be charged by the Mobile Provider for access to network connection services for the duration of the connection while accessing the Advantage Plus Programme or any such third party charges as may arise. You accept responsibility for any such charges that arise.

3.6 Permission to use Advantage Plus Programme: If you are not the bill payer for the mobile telephone or handheld device being used to access the Advantage Plus Programme, you will be assumed to have received permission from the bill payer for using the Advantage Plus Program.

3.7 Age limit: by accessing or using the Advantage Plus Programme, you confirm that you are above the age of twelve. If you are under the age of 1 2, you can confirm that you have received a parental or guardian consent to access the Platform. If you have not received consent from the required person, then you do not have permission to use the
platform.

3.8 License to Use Material: By submitting any text or images (including photographs) (“Material”) via the Application, you represent that you are the owner of the Material, or have proper authorization from the owner of the Material to use, reproduce and distribute it. You hereby grant us a worldwide, royalty-free, non-exclusive license to use the Material to promote our products and services.

4. REDEMPTIONS

4.1 Need for registration: You must Register to make a Redemption from the Advantage Plus Programme.

4.2 Application of these Terms and Conditions of Use: By making any Redemption, you acknowledge that the Redemption is subject to these Terms and Conditions of Use.

4.3 Redemption: Any attempted Redemption not consistent with these Terms and Conditions of Use may be disallowed or rendered void at our or the relevant Merchant’s discretion.

4.4 Responsibility for Redemptions: Each Partner shall be responsible to ensure that any redemptions are done via the Advantage Plus Programme. It is forbidden to make any Redemptions that has not been verified by PIN CODE.

4.5 Restrictions: (a) Reproduction, sale, resale or trading of any products or Vouchers or Redeemed products is prohibited. (b) If any product is Redeemed for less than its face value, there is no entitlement to a credit, cash or Product equal to the difference between the face value and the amount Redeemed. (c) Redemption of offers is subject to availability of the relevant Partners’ stocks.

4.6 Parasol Loyalty Card Services LLC Not Liable: For the avoidance of doubt, Parasol Loyalty Card Services LLC shall not be liable for any losses or damages suffered by you resulting from a failure by the relevant Partner to fulfil any Redemptions in accordance with Clause 4.4 or for a failure by us to deliver any products or Offers to you due to the unavailability of such products or Offers pursuant to Clause 4.5(c). 4.7 Lost/stolen Products: Neither we nor any Partner shall be responsible for lost or stolen Products or Offers that have been Redeemed.

5. LOCATION ALERTS AND NOTIFICATIONS

5.1 You agree to receive pre-programmed notifications (“Location Alerts”) on the Advantage Plus Programme from Partners if you have turned on locational services on your mobile telephone or other handheld devices (as the case may be).

6. YOUR OBLIGATIONS

6.1 Partner terms: You agree to (and shall) abide by the terms and conditions of the relevant Partner for which your Redemption relates to, as may be amended from time to time.

6.2 Accurate information: You warrant that all information provided on Registration and contained as part of your Account is true, complete and accurate and that you will promptly inform us of any changes to such information by updating the information in your Account.

6.3 Content on the Advantage Plus Programme and Service: It is your responsibility to ensure that any products, offer or information available through the Advantage Plus Programme or the Services meet your specific requirements before making any Redemption.

6.4 Prohibitions in relation to usage of Services, Advantage Plus Programme: Without limitation, you further undertake not to or permit anyone else to:-

6.4.1 resell any products or Offers ;

6.4.2 furnish false data including false names, addresses and contact details and fraudulently use credit/debit card numbers;

6.4.3 attempt to circumvent our security or network including accessing data not intended for you, log into a server or account you are not expressly authorised to access, or probing the security of other networks (such as running a port scan);

6.4.4 execute any form of network monitoring which will intercept data not intended for you;

6.4.5 enter into fraudulent interactions or transactions with us or a Partner (including interacting or transacting purportedly on behalf of a third party where you have no authority to bind that third party or you are pretending to be a third party);

6.4.6 extract data from or hack into the Advantage Plus Programme;

6.4.7 use the Services or Advantage Plus Programme in breach of these Terms and Conditions of Use;

6.4.8 engage in any unlawful activity in connection with the use of the Advantage Plus Programme or the Services; or

6.4.9 engage in any conduct which, in our exclusive reasonable opinion, restricts or inhibits any other customer from properly using or enjoying the Advantage Plus Programme or Services.

7. RULES ABOUT USE OF THE SERVICE AND THE

Advantage Plus Programme

7.1 We will use reasonable endeavours to correct any errors or omissions as soon as practicable after being notified of them. However, we do not guarantee that the Services or the Advantage Plus Programme will be free of faults, and we do not accept liability for any such faults, errors or omissions. In the event of any such error, fault or omission, you should report it by contacting us at [email protected]

7.2 We do not warrant that your use of the Services or the Advantage Plus Programme will be uninterrupted and we do not warrant that any information (or messages) transmitted via the Services or the Advantage Plus Programme will be transmitted accurately, reliably, in a timely manner or at all. Notwithstanding that we will try to allow
uninterrupted access to the Services and the Advantage Plus Programme, access to the Services and the Advantage Plus Programme may be suspended, restricted or terminated at any time.

7.3 We do not give any warranty that the Services and the Advantage Plus Programme are free from viruses or anything else which may have a harmful effect on any technology.

7.4 We reserve the right to change, modify, substitute, suspend or remove without notice any information or Services on the Advantage Plus Program mefrom time to time. Your access to the Advantage Plus Programme and/or the Services may also be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will attempt to restore such access as soon as we reasonably can. For the avoidance of doubt, we reserve the right to withdraw any information or Services from the Advantage Plus Programme at any time.

7.5 We reserve the right to block access to and/or to edit or remove any material which in our reasonable opinion may give rise to a breach of these Terms and Conditions of Use.

8. SUSPENSION AND TERMINATION

8.1 If you use (or anyone other than you, with your permission uses) the Advantage Plus Programme, any Services in contravention of these Terms and Conditions of Use, we may suspend your use of the Services and/or Advantage Plus Programme.

8.2 If we suspend the Services or Advantage Plus Programme, we may refuse to restore the Services or Advantage Plus Programme for your use until we receive an assurance from you, in a form we deem acceptable, that there will be no further breach of the provisions of these Terms and Conditions of Use.

8.3 Parasol Loyalty Card Services LLC shall fully co-operate with any law enforcement authorities or court order requesting or directing Parasol Loyalty Card Services LLC to disclose the identity or locate anyone in breach of these Terms and Conditions of Use

8.4 Without limitation to anything else in this Clause 8, we shall be entitled immediately or at any time (in whole or in part) to: (a) suspend the Services and/or Advantage Plus Programme; (b) suspend your use of the Services and/or Advantage Plus Programme; and/or (c) suspend the use of the Services and/or Advantage Plus Programme for persons we believe to be connected (in whatever manner) to you, if:

8.4.1 you commit any breach of these Terms and Conditions of Use;

8.4.2 we suspect, on reasonable grounds, that you have, might or will commit a breach of these Terms and Conditions of Use; or

8.4.3 we suspect, on reasonable grounds, that you may have committed or be committing any fraud against us or any person.

8.5 Our rights under this Clause 8 shall not prejudice any other right or remedy we may have in respect of any breach or any rights, obligations or liabilities accrued prior to termination.

9. DISCLAIMER AND EXCLUSION OF LIABILITY

9.1 The Advantage Plus Programme, the Services, the information on the Advantage Plus Programme and use of all related facilities are provided on an “as is, as available” basis without any warranties whether express or implied.

9.2 To the fullest extent permitted by applicable law, we disclaim all representations and warranties relating to the Advantage Plus Programme and its contents, including in relation to any inaccuracies or omissions in the Advantage Plus Programme, warranties of merchantability, quality, fitness for a particular purpose, accuracy, availability, noninfringement or implied warranties from course of dealing or usage of trade.

9.3 We do not warrant that the Advantage Plus Programme will always be accessible, uninterrupted, timely, secure, error-free or free from computer virus or other invasive or damaging code or that the Advantage Plus Programme will not be affected by any acts of God or other force majeure events, including inability to obtain or shortage of necessary materials, equipment facilities, power or telecommunications, lack of telecommunications
equipment or facilities and failure of information technology or telecommunications equipment or facilities.

9.4 While we may use reasonable efforts to include accurate and up-to-date information on the Advantage Plus Programme, we make no warranties or representations as to its accuracy, timeliness or completeness.

9.5 We shall not be liable for any acts or omissions of any third parties howsoever caused, and for any direct, indirect, incidental, special, consequential or punitive damages, howsoever caused, resulting from or in connection with the Advantage Plus Programme and the services offered in the Advantage Plus Programme, your access to, use of or inability to use the Advantage Plus Programme or the services offered in the Advantage Plus Programme, reliance on or downloading from the Advantage Plus Programme and/or services, or any delays, inaccuracies in the information or in its transmission including but not limited to damages for loss of business or profits, use, data or other intangible, even if we have been advised of the possibility of such damages.

9.6 Neither party shall be liable for any loss or damage resulting from the delay or failure to comply with this agreement to the extent that such a delay or failure is caused by circumstances beyond that Party’s (Impacted Party) reasonable control, including but not limited to the following force majeure conditions: Acts of God; flood, fire, earthquake or explosion; pandemics, natural disasters, nuclear war, war invasion, hostilities (whether war is declared or not) terrorist acts, riot or other civil unrest; government order or law; actions, embargoes or blockades in effect on or after the date of this agreement; action by any governmental authority; national or regional emergency; strikes, labour stoppages or slowdowns or other industrial disturbances not caused by Impacted Party; and shortage of adequate power or transportation facilities. The Impacted Party shall give notice within 5 (five) days of the Force Majeure Event to the Other party, of the nature and duration of the force majeure event and resume performance as soon as reasonably possible. If any condition constituting force majeure event continues beyond longer than 10 (ten) days, either Party may terminate this agreement upon 5 (five) days written notice.

9.7 We shall not be liable in contract, tort (including negligence or breach of statutory duty) or otherwise howsoever and whatever the cause thereof, for any indirect, consequential, collateral, special or incidental loss or damage suffered or incurred by you in connection with the Advantage Plus Programme and these Terms and Conditions of
Use. For the purposes of these Terms and Conditions of Use, indirect or consequential loss or damage includes, without limitation, loss of revenue, profits, anticipated savings or business, loss of data or goodwill, loss of use or value of any equipment including software, claims of third parties, and all associated and incidental costs and expenses.

9.8 The above exclusions and limitations apply only to the extent permitted by law. None of your statutory rights as a consumer that cannot be excluded or limited are affected.

9.9 Notwithstanding our efforts to ensure that our system is secure, you acknowledge that all electronic data transfers are potentially susceptible to interception by others. We cannot, and do not warrant that data transfers pursuant to the Advantage Plus Programme, or electronic mail transmitted to and from us, will not be monitored or read by others.

10. INDEMNITY

You agree to indemnify and keep us indemnified against any claim, action, suit or proceeding brought or threatened to be brought against us which is caused by or arising out of (a) your use of the Services, (b) any other party’s use of the Services using your user ID, verification PIN and/or any identifier number allocated by Parasol Loyalty Card
Services LLC, and/or (c) your breach of any of these Terms and Conditions of Use, and to pay us damages, costs and interest in connection with such claim, action, suit or proceeding.

11. INTELLECTUAL PROPERTY RIGHTS

11.1 All editorial content, information, photographs, illustrations, artwork and other graphic materials, and names, logos and trademarks on the Advantage Plus Programme are protected by copyright laws and/or other laws and/or international treaties, and belong to us and/or our suppliers, as the case may be. These works, logos, graphics, sounds or images may not be copied, reproduced, retransmitted, distributed, disseminated, sold,
published, broadcast or circulated whether in whole or in part, unless expressly permitted by us and/or our suppliers, as the case may be.

11.2 Nothing contained on the Advantage Plus Programme should be construed as granting by implication, estoppel, or otherwise, any license or right to use any trademark displayed on the Advantage Plus Programme without our written permission. Misuse of any trademarks or any other content displayed on the Advantage Plus Programme is
prohibited.

11.3 We will not hesitate to take legal action against any unauthorised usage of our trademarks, name or symbols to preserve and protect its rights in the matter. All rights not expressly granted herein are reserved. Other product and company names mentioned herein may also be the trademarks of their respective owners.

12. AMENDMENTS

12.1 We may periodically make changes to the contents of the Advantage Plus Programme, including to the descriptions and prices of goods and services advertised, at any time and without notice. We assume no liability or responsibility for any errors or omissions in the content of the Advantage Plus Programme.

12.2 We reserve the right to amend these Terms and Conditions of Use from time to time without notice. The revised Terms and Conditions of Use will be posted on the Advantage Plus Programme and shall take effect from the date of such posting. You are advised to review these terms and conditions periodically as they are binding upon you.

13. APPLICABLE LAW AND JURISDICTION

13.1 The Advantage Plus Programme can be accessed from all countries around the world where the local technology permits. As each of these places have differing laws, by accessing the Advantage Plus Programme both you and we agree that the laws of the United Arab Emirates, without regard to the conflicts of laws principles thereof, will apply
to all matters relating to the use of the Advantage Plus Programme.

13.2 You accept and agree that both you and we shall submit to the exclusive jurisdiction of the courts of the United Arab Emirates in respect of any dispute arising out of and/or in connection with these Terms and Conditions of Use.

Kidzapp Loader