Terms & Conditions
1.1 This page (together with the documents referred to on it) sets out the terms and conditions (“Terms and Conditions”) on which you may make use of the Website (as defined below), whether as a guest or a registered user. This Website is owned and operated by ClubMV Group Pte Ltd & ClubMV Asia Sdn Bhd (“ClubMV” ,”Company”, “us”, “we” or “our”).
1.2 You are advised to read these Terms and Conditions carefully before you start to use the Website. By browsing, accessing or using the Website or any Services (as defined below) available through it, you hereby indicate that you agree and accept to these Terms and Conditions and that you agree to abide by them. Your use of any part of the Website constitutes your acceptance of these Terms and Conditions which takes effect on the date on which you first use the Website. If you do not agree with these Terms and Conditions, you should cease using the Website immediately.
1.3 We reserve the right to amend these Terms and Conditions at any time without notice to you by posting changes online. You are responsible to regularly review information posted in the Website to obtain timely notice of such changes. If you do not wish to be bound by these amended Terms and Conditions, you have the right to delete all of your accounts on our Website and/or to remove our mobile applications. However, your continue use of our Website after changes are posted will be deemed to constitute acceptance of the amended Terms and Conditions.
The following terms shall have the following respective meanings:
2.1 “Merchant” means a third party who shall supply or provide the goods and/or services for which a Voucher can be redeemed.
2.2 “Purchase” means the purchase of a Voucher through the Website.
2.3 “Register” means creating an account on the Website.
2.4 “Service” or “Services” means all and any of the services provided by the Company via the Website, including but not limited to the information services, content and transaction capabilities on the Website and the availability to make a Purchase.
2.5 “Voucher” means a voucher purchased by the user through the Website to exchange or redeem for the Voucher Products from a particular or relevant Merchant.
2.6 “Voucher Products” means the products and/or services to be supplied and/or provided by the Merchant.
2.7 “Website” refers to Clubmv.com, groupon.co.id, kfit.com and all their related landing pages or microsites and their mobile app / mobile web equivalents.
3. Use of the Website
3.1 Applicability of the Terms and Conditions: Your usage of the Website, any of the Services, any Purchase made and/or any other transactions that may be performed or conducted through the Website are each subject to these Terms and Conditions.
3.2 Eligibility: To use the Website, the Services and/or to make any Purchase, you must be eighteen (18) years of age or over.
3.3 Place: The Website and/or the availability of the Services and/or any Purchase are directed solely to those who access the Website from the cities that are listed on the Website. We make no representation that the Services are available or otherwise suitable for use by persons outside the listed cities. If you choose to access the Website (including the use of the Services and/or to make a Purchase) from locations outside of the listed cities, you hereby agree that you do so on your own initiative and are responsible for the consequences and for compliance with all applicable laws.
3.4 Scope: The availability of the Website, Services and/or any Purchase are strictly for your noncommercial, personal use only. Commercial use for any business purposes or use on behalf of any third party is prohibited, except as explicitly permitted by us in advance.. For the avoidance of doubt, scraping of the Website (and hacking of the Website) is not allowed.
3.5 Prohibitions and Prevention of usage: You shall not misuse the Website. You shall not commit or encourage a criminal offence, transmit or distribute a virus including but not limited to Trojan horse, worm, logic bomb or post any other materials on the Website which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene, corrupt data, cause annoyance other users, infringe upon the rights of any other person’s proprietary rights or send any unsolicited advertising or promotional material. We reserve the right, at our own discretion, to prevent you from using the Website, the Services (or any part of them) and/or from making any Purchase.
3.6 Equipment: Your agreement to use the Services, the Website and/or the making of any Purchase does not include the provision of a computer or any other necessary equipment by us to you in achieving any of the said purposes. To use the Website, the Services and/or to make a Purchase, you will require internet connectivity and appropriate telecommunication links. We shall not be liable for any telephone costs, telecommunications costs or other costs that you may incur in connection with the same.
4. Registration for the account
4.1 Why to register: You do not need to Register to use much of the functionality of the Website or to access much of the Services. However, certain Services and related features that may be made available on the Website may require registration or subscription, such as in order to make a Purchase. This is to ensure that we can provide you with easy access to print your orders, view your past purchases and modify your preferences.
4.3 Passwords: Once you register with the Website, we will allocate a password to your account. You must keep the password confidential and immediately notify us if any authorized third party becomes aware of that password or if there is any unauthorized use of your email address or your account or any breach of security known to you. You agree that any person to whom your username or password is disclosed is authorized to act as your agent for the purposes of using (and/or transacting via) your account. Please note that you are entirely responsible if you do not maintain the confidentiality of your password.
4.4 Valid email addresses: Your account must be registered with a valid personal email address that you access regularly, so that, among other things, administration emails can be sent to you. Any accounts which have been registered with someone else’s email address or with temporary email addresses may be closed without notice. We may require you to validate your account if we believe you have been using an invalid email address.
4.5 Closing accounts: Subject to any other provisions hereinafter contained, we reserve the right to close your account if you are seen to be using proxy IPs (Internet Protocol addresses) in order to attempt to hide the use of multiple registration accounts, or if an non-SG user pretends to be a SG user, or disrupts the Website or the Services in any way.
4.6 Multiple logins: If you use multiple logins or accounts for the purpose of disrupting a community or annoying other users, we reserve the right to take any action which we deem fit against your account, your use of the Website and/or any of the Services.
5. Purchase of ClubMV vouchers
5.1 Emails: As a condition of Purchase, we reserve the right to send you administrative and promotional emails. We may also send you information regarding your account activity and purchases, as well as updates about the Website, the Services, the Voucher as well as any other promotional offers. You are able to opt-out of receiving our promotional e-mails or to unsubscribe such information at any time by clicking the unsubscribe link at the bottom of any of such e-mail correspondence.
5.2 Formation of contract: Purchase acceptance and completion of the contract between you and the Company will only be established upon the Company issuing a confirmation of transaction of the Purchase to you. For the avoidance of doubt, we shall be entitled to refuse or cancel any purchase without giving any reasons for the same to you prior to the issue of the confirmation of transaction. No concluded contract may be modified or cancelled by you except with the agreement in writing of the Company and on terms that you shall indemnify the Company in full against all loss, costs, damages, charges and/or expenses incurred by the Company as a result of the modification or cancellation, as the case may be.
5.3 All monetary transactions made by you on the Website are handled and processed by us in accordance with the ClubMV Pays Terms and Conditions stated below.
5.4 Redemption: Once you have made a Purchase, you are entitled to redeem the Voucher Products from the particular or relevant Merchant. The details of the Merchant and Voucher Products will be stated on the Voucher. Any attempted redemption of a Voucher not consistent with this Agreement may render a Voucher void at our or a Merchant’s discretion.
5.5 Acknowledgement: You hereby acknowledge that the Merchants:
5.5.1 The seller or provider of the Voucher Products;
5.5.2 Solely responsible for providing you with the Voucher Products; and
5.5.3 Solely responsible for redemption of any Voucher you have purchased.
5.6 Restrictions: (i) Reproduction, sale, resale or trade of a Voucher is prohibited. Any attempt to carry out any of these will potentially void the Voucher at our discretion. (ii) If the Voucher is redeemed for less than its face value, there is no entitlement to a credit, cash or new Voucher equal to the difference between the face value and the amount redeemed. Also, Vouchers are redeemable in their entirety only and may not be redeemed incrementally.
5.7 Combination: It is at the discretion of the Merchant to determine whether the Voucher can be combined with any other promotions, vouchers, third party certificates or coupons.
5.8 Lost/stolen vouchers: Neither we nor the Merchant are responsible for lost or stolen Voucher or Voucher reference numbers.
5.9 Expiry: The Voucher (including, but not limited to, any discounts provided by the Voucher) expires on the date specified on the Voucher. Any subsequent redemption upon the expiry of the Voucher will not be entertained.
5.10 Status of vouchers: All Vouchers are promotional vouchers that are offered for Purchase below their face value and are subject to these Terms and Conditions and/or any terms and conditions as may be specified by the relevant Merchant.
6. User obligations
6.1 Merchant terms: You hereby acknowledge that the Merchants will have their own applicable terms and conditions in relation to the supply of Voucher Products for the redemption of the Voucher, in which you agree to and shall abide by those terms and conditions.
6.2 Accurate information: You warrant and undertake that all information provided for Register and/or in relation to the creation of your account is true, complete and accurate and that you will promptly inform us of any changes to such information by updating the details in your account.
6.3 Contents on the Website, Services and Voucher: It is your responsibility to ensure that any products, services or information available through the Website or the Service meet your specific requirements.
6.4 Restrictions: Without limitation, you undertake not to use or permit anyone else to use the Services and/or Website:
6.4.1 To send or receive any material which is not civil or tasteful;
6.4.2 To send or receive any material which is threatening, grossly offensive, of an indecent, obscene or menacing character, blasphemous or defamatory of any person, in contempt of court or in breach of confidence, copyright, rights of personality, publicity or privacy or any other third party rights;
6.4.3 To send or receive any material for which you have not obtained all necessary licenses and/or approvals (from us or third parties); or which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party in any country in the world;
6.4.4 To send or receive any material which is technically harmful (including computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data);
6.4.5 To cause annoyance, inconvenience or needless anxiety;
6.4.6 To intercept or attempt to intercept any communications transmitted by way of a telecommunications system;
6.4.7 For a purpose other than which we have designed them or intended them to be used;
6.4.8 For any fraudulent purpose;
6.4.9 Other than in conformance with accepted Internet practices and practices of any connected networks; or
6.4.10 In any way which is calculated to incite hatred against any ethnic, religious or any other minority or is otherwise calculated to adversely affect any individual, group or entity.
6.5 Forbidden uses: The following use of the Services, the Website and/or the Voucher are expressly prohibited and you undertake not to do (or to permit anyone else to do) any of the following:
6.5.1 Resale of any Voucher;
6.5.2 Furnishing false data including false names, addresses and contact details and fraudulent use of credit/debit card numbers;
6.5.3 Attempting to circumvent our security or network including accessing data not intended for you, logging into a server or account you are not expressly authorized to access, or probing the security of other networks (such as running a port scan);
6.5.4 Accessing the Services and/or Website in such a way as to, or commit any act that would or does, impose an unreasonable or disproportionately large load on our infrastructure;
6.5.5 Executing any form of network monitoring which will intercept data not intended for you;
6.5.6 Sending unsolicited mail messages, including the sending of “junk mail” or other advertising material to individuals who did not specifically request such material. You are explicitly prohibited from sending unsolicited bulk mail messages. This includes bulk mailing of commercial advertising, promotional, or informational announcements, and political or religious tracts. Such material may only be sent to those who have explicitly requested it. If a recipient asks to stop receiving email of this nature, you may not send that person any further email;
6.5.7 Creating or forwarding “chain letters” or other “pyramid schemes” of any type, whether or not the recipient wishes to receive such mailings;
6.5.8 Sending malicious email, including flooding a user or site with very large or numerous emails;
6.5.9 Entering into fraudulent interactions or transactions with us or a Merchant (which shall include entering into interactions or transactions 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);
6.5.10 Using the Services or Website (or any relevant functionality of either of them) in breach of this Terms and Conditions;
6.5.11 Unauthorized use, or forging, of mail header information;
6.5.12 Engage in any unlawful activity in connection with the use of the Website and/or the Services or any Voucher; or
6.5.13 Engage in any conduct which, in our exclusive reasonable opinion, restricts or inhibits any other customer from properly using or enjoying the Website and Service.
7. Rules about use of the service and the website
7.1 We will use reasonable endeavors 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 Website will be free of faults (or Vouchers will be free of error) and we do not accept liability for any errors or omissions. In the event of an error or fault, you should report it by email to: hello@Clubmv.com.
7.2 We do not warrant that your use of the Services or the Website will be uninterrupted and we do not warrant that any information (or messages) transmitted via the Services or the Website will be transmitted accurately, reliably, in a timely manner or at all.
7.3 We do not give any warranty that the Services or the Website is free from viruses or anything else which may have a harmful effect on any technology.
7.4 We will use reasonable efforts to allow uninterrupted access to the Services and the Website, however we shall not be held liable in the event access to the Services and the Website may be suspended, restricted or terminated at any time.
7.5 We reserve the right to change, modify, substitute, suspend or remove without notice any information or Voucher or Services or forming part of the Services from time to time. Your access to the Website 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. We assume no responsibility for functionality which is dependent on your browser or other third party software to operate (including, without limitation, RSS feeds). For the avoidance of doubt, we may also withdraw any information or Voucher from the Website or Service at any time.
7.6 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 any of these Terms and Conditions.
8. Suspension and termination
8.1 If you (or any other third party authorized by you) use the Website, the Services and/or the Voucher in contravention of these Terms and Conditions, we may suspend your use of the Services, the Website (in whole or in part) and/or the redemption of a Voucher.
8.2 Upon suspension of usage, we may refuse to restore the Services or Website or Voucher until we receive an assurance from you, in the format that we deem acceptable that there will be no further breach of the provisions of these Terms and Conditions.
8.3 We shall fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity or locate anyone who is in breach of these Terms and Conditions.
8.4 Without limitation to anything else in this Clause 8, we shall be entitled to immediately or at any time (in whole or in part) to suspend your use of the Services and/or Website and/or suspend the use of the Services and/or Website for persons we believe to be connected (in whatever manner) to you if:
8.4.1 You commit any breach of this Terms and Conditions;
8.4.2 We suspect, on reasonable grounds, that you have, might or will commit a breach of these Terms and Conditions; 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 Notwithstanding any other provisions hereinafter contained, we may terminate or suspend your use of the Website and/or Services at any time.
8.6 Our right of termination and/or suspension herein 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.
9.1 You shall defend, indemnify and hold us and our affiliates harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys’ fees, arising in any way from your use of the Website and/or Services or the placement or transmission of any message, information, software or other materials through the Website by you or related to any violation of these Terms and Conditions by you or authorised users of your account.
10. Standards and limitation of liability
10.1 We warrant and represent that:
10.1.1 We will exercise reasonable care and skill in performing any obligation under these Terms and Conditions, and
10.1.2 We have the right and authority to sell Voucher through the Website.
10.2 This Clause 10 prevails over all other provisions in these Terms and Conditions and sets forth our entire Liability, and your sole and exclusive remedies in respect of:
10.2.1 The performance, non-performance, purported performance or delay in performance of this Terms and Conditions and/or any part of the Services; or
10.2.2 Otherwise in relation to these Terms and Conditions or the entering into or performance of these Terms and Conditions.
10.3 Nothing in this Agreement shall exclude or limit our Liability for (i) fraud; (ii) death or personal injury caused by our Breach of Duty or these Terms and Conditions; (iii) any breach of the obligations implied by relevant local governing laws; or (iv) any other Liability which cannot be excluded or limited by applicable law.
10.4 We hereby exclude all Liability in respect of:
10.4.1 The accuracy, completeness, fitness for purpose or legality of any information accessed using the Service or Website or otherwise; and
10.4.2 The transmission or the reception of or the failure to transmit or to receive any material of whatever nature; and
10.4.3 Your use of any information or materials on the Website (which is entirely at your own risk and it is your responsibility);
10.4.4 Voucher Products for which Vouchers may be redeemed and in respect of the quality, safety, usability or any other aspect of the products or services in respect of which is Voucher may be redeemed).
10.5 Save as provided in Clause 10.3 but subject to Clause 10.6, we do not accept and hereby exclude any Liability for loss of or damage to your (or any person’s) tangible property other than that caused by our Breach of Duty.
10.6 Save as provided in Clause 10.3 but subject to Clauses 10.4.3 and 10.8, our Liability for loss of or damage to your (or another person’s) tangible property caused by us, our employees, subcontractors or agents acting within the course of their employment during the performance of this Agreement, shall not exceed S$10. Neither corruption of data nor loss of data shall constitute physical damage to property for the purposes of this Clause 10.6.
10.7 Save as provided in Clauses 10.3 and 10.4.3, we do not accept and hereby exclude any Liability for Breach of Duty other than any such Liability arising pursuant to the terms of this Agreement.
10.8 Save as provided in Clause 10.3, we shall have no Liability for:
10.8.1 Loss of revenue;
10.8.2 Loss of actual or anticipated profits;
10.8.3 Loss of contracts;
10.8.4 Loss of the use of money;
10.8.5 Loss of anticipated savings;
10.8.6 Loss of business;
10.8.7 Loss of opportunity;
10.8.8 Loss of goodwill;
10.8.9 Loss of reputation;
10.8.10 loss of, damage to or corruption of data; or
10.8.11 any indirect or consequential loss; and such Liability is excluded whether it is foreseeable, known, foreseen or otherwise. For the avoidance of doubt, Clauses 10.8.1 to 10.8.10 apply whether such losses are direct, indirect, consequential or otherwise.
10.10 The limitation of Liability under Clause 10.9 has effect in relation both to any Liability expressly provided for under this Agreement and to any Liability arising by reason of the invalidity or unenforceability of any term of this Agreement.
10.11 In this Clause 10:
10.11.1 “Liability” means liability in or for breach of contract, Breach of Duty, misrepresentation, restitution or any other cause of action whatsoever relating to or arising under or in connection with this Agreement, including, without limitation, liability expressly provided for under this Agreement or arising by reason of the invalidity or unenforceability of any term of this Agreement (and for the purposes of this definition, all references to “this Agreement” shall be deemed to include any collateral contract); and
10.11.2 “Breach of Duty” means the breach of any (i) obligation arising from the express or implied terms of a contract to take reasonable care or exercise reasonable skill in the performance of the contract or (ii) common law duty to take reasonable care or exercise reasonable skill (but not any stricter duty).
11. Data protection
12.1 We may place advertisements in different locations on the Website and at different points during your use of the Website and/or Services. These locations and points may change from time to time - but we will always clearly mark which goods and services are advertisements (i.e. from persons other than us), so that it is clear to you which goods and services are provided on an objective basis and which are not (i.e. the advertisements).
12.2 You are free to select or click on advertised goods and services or not as you see fit.
12.3 Any advertisements may be delivered on our behalf by a third party advertising company.
13. Links to and from other websites
13.1 Where the Website contains links to third party sites and to resources provided by third parties (“Third Party Sites”), those Third Party Sites are merely linked to provide information only and are solely for your convenience. We have no control over and we assume no responsibility for the content of Other Sites (including, without limitation, relating to social networking sites such as Facebook) and we accept no responsibility for any loss or damage that may arise from your use of them. If you decide to access any of the Third Party Sites linked to the website, you hereby agree to do so entirely at your own risk.
13.2 This Website may make available access to Microsites and if it does, it may do so within or otherwise through external hyperlinks.
14. Intellectual property rights
14.1 All intellectual property rights (including all copyright, patents, trademarks, service marks, trade names, designs) whether registered or unregistered) in the Website and Service, information content on the Website or accessed as part of the Service, any database operated by us and all the website design, text and graphics, software, photos, video, music, sound, and their selection and arrangement, and all software compilations, underlying source code and software (including applets and scripts) shall remain the sole and exclusive of our property (or that of our licensors). You shall not, and shall not attempt to, obtain any title to any such intellectual property rights. All rights are reserved.
14.2 None of the materials listed in Clause 14.1 may be reproduced or redistributed or copied, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, sold, rented or sub-licensed, used to create derivative works, or in any way exploited without our prior express written permission. You may, however, retrieve and display the content of the Website on a computer screen, store such content in electronic form on disk (but not on any server or other storage device connected to a network) or print one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the Website without our permission.
14.3 All rights (including goodwill and, where relevant, trade marks) in the trade name of ClubMV are owned by us (or our licensors). Other product and company names mentioned on the Website are the trademarks or registered trademarks of their respective owners.
14.4 Title, ownership rights and intellectual property rights in and to the content accessed using the Service is the property of the applicable content owner or Merchant and may be protected by applicable copyright or other law. The Agreement gives you no rights to such content.
14.5 The authors of the literary and artistic works in the pages in the Website have asserted their moral rights to be identified as the author of those works.
14.6 Subject to Clause 14.7, any material you transmit or post or submit to the Website (or otherwise to us) shall be considered (and we may treat it as) non-confidential and non-proprietary, subject to our obligations under data protection legislation. If for some reason, any part of that statement does not work as a matter of law, then for anything which you supply to us from whatever source (i.e. via email, the Website or otherwise) you grant us a royalty-free, perpetual, irrevocable, non-exclusive right to use, copy, modify, adapt, translate, publish and distribute world-wide any such material.
14.7 All comments, suggestions, ideas, notes, drawings, concepts or other information: (i) disclosed or offered to us by you; or (ii) in response to solicitations by us regarding the Service or the Website; (in each foregoing case, these are called “Ideas”) shall be deemed to be and shall remain our property and you hereby assign by way of present and future assignment all intellectual property rights in Ideas, to us. You understand and acknowledge that we have both internal resources and other external resources which may have developed or may in the future develop ideas identical to or similar to Ideas and that we are only willing to consider Ideas on these terms. In any event, any Ideas are not submitted in confidence and we assume no obligation, express or implied by considering it. Without limitation, we shall exclusively own all now known or hereafter existing rights to the Ideas of every kind and nature throughout the world and shall be entitled to unrestricted use of the Ideas for any purpose whatsoever, commercial or otherwise without compensation to the provider of the Ideas.
15.1 Interpretation: In this Agreement:
15.1.1 Words denoting persons includes natural persons, partnerships, limited liability partnerships, bodies corporate and unincorporated associations of persons;
15.1.2 The headings and titles for each clause are purely for ease of reference and do not form part of or affect the interpretation of this Agreement; and’
15.1.3 References to “include” and “including” shall be deemed to mean respectively “include(s) without limitation” and “including without limitation”.
15.2 No partnership/agency: Nothing in this Terms and Conditions shall be construed to create a joint venture, partnership or agency relationship between you and us and neither party shall have the right or authority to incur any liability debt or cost or enter into any contracts or other arrangements in the name of or on behalf of the other.
15.3 No other terms: Except as expressly stated in this Terms and Conditions, all warranties, conditions and other terms, whether express or implied, by statute, common law or otherwise are hereby excluded to the fullest extent permitted by law.
15.4 Assignment: You shall not assign or delegate or otherwise deal with all or any of your rights or obligations under this Terms and Conditions without our prior written consent. We shall have the right to assign or otherwise delegate all or any of our rights or obligations under this Terms and Conditions to any person.
15.5 Force majeure: We shall not be liable for any breach of our obligations under this Terms and Conditions where we are hindered or prevented from carrying out our obligations by any cause outside our reasonable control, including by lightning, fire, flood, extremely severe weather, strike, lock-out, labor dispute, act of God, war, riot, civil commotion, malicious damage, failure of any telecommunications or computer system, compliance with any law, accident (or by any damage caused by any of such events).
15.6 Entire agreement: This Terms and Conditions contains all the terms agreed between the parties regarding its subject matter and supersedes and excludes any prior agreement, understanding or arrangement between the parties, whether oral or in writing. No representation, undertaking or promise shall be taken to have been given or be implied from anything said or written in negotiations between the parties prior to the establishment of formation of contract contemplated herein except as expressly stated in this Terms and Conditions. Neither party shall have any remedy in respect of any untrue statement made by the other upon which that party relied in entering into this Terms and Conditions (unless such untrue statement was made fraudulently or was as to a matter fundamental to a party’s ability to perform this Terms and Conditions) and that party’s only remedies shall be for breach of contract as provided in this Terms and Conditions. However, the Service is provided to you under our operating rules, policies, and procedures as published from time to time on the Website.
15.7 No waiver: No waiver by us of any default of yours under this Terms and Conditions shall operate or be construed as a waiver by us of any future defaults, whether or a like or different character. No granting of time or other forbearance or indulgence by us to you shall in any way release, discharge or otherwise affect your liability under this Terms and Conditions.
15.8 Notices: Unless otherwise stated within this Terms and Conditions, notices to be given to either party shall be in writing and shall be delivered by hand, electronic mail (other than, if you are sending a notice to us for the purpose of legal process) sent by fax or by pre-paid post, to you at the address you supplied to us or to us at our registered office.
15.9 Third party rights: All provisions of this Terms and Conditions apply equally to and are for the benefit of ClubMV, its subsidiaries, any holding companies of ClubMV, its (or their) affiliates and its (or their) third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf (save that this Terms and Conditions may be varied or rescinded without the consent of those parties). Subject to the previous sentence, no term of this Terms and Conditions is otherwise enforceable pursuant to the relevant local governing laws by any person who is not a party to it.
15.10 Survival: In any event, the provisions of Clauses 7, 9, 10 and 14 of this Terms and Conditions, together with those provisions that either are expressed to survive its expiry or termination or from their nature or context it is contemplated that they are to survive such termination, shall survive termination of the Terms and Conditions or your use of the Website and/or Services. In the event you use the Website or Service again, then the provisions of the terms and conditions that then apply will govern your re-use of the Website or Service. In the event you use Voucher bought under this Terms and Conditions, then those provisions applicable to Voucher will survive termination of this Terms and Conditions or your use of the Website and/or Services.
15.11 Severability: If any provision of this Terms and Conditions is held to be unlawful, invalid or unenforceable, that provision shall be deemed severed and where capable the validity and enforceability of the remaining provisions of this agreement shall not be affected.
15.12 Governing law: This Terms and Conditions (and all non-contractual relationships between you and us) shall be governed by and construed in accordance with the relevant local governing laws and both parties hereby submit to the exclusive jurisdiction of the courts of the respective cities listed on the Website.
16. Policy on website information security
16.1 We have in place a policy on Website information security. Amongst other things, the information security policies govern the operations of the electronic commerce business including the security, integrity and confidentiality of information transmitted through the website.
16.2 The policies mentioned below and their brief purpose reflects our commitment to Data Protection. For more info, you may reach customer service at hello@Clubmv.com.
● Reflect the Company’s information security & privacy objectives.
● Prevent the unauthorized use of or access to our information systems.
● Maintain the confidentiality, integrity, and availability of information.
● Support privacy sensitivity and responsible use of personally identifiable information.
● Support compliance with the privacy disclosures made to customers and others.
This policy is guided by security & privacy requirements specific to the Company’s operating environment, applications, applicable laws, regulations, and best practices.
Security Operations Policy
The objective of this policy is to describe the requirements for secure operations of ClubMV systems. The following topics are covered:
● Operations Processing
● Virus Management
● Patches and Updates
● Backup Policy
● Third Party Management
Network Security Policy
The objective of this policy is to describe controls required to protect ClubMV networks and systems. Network infrastructure must be configured securely in order to prevent unauthorized access and to maintain network integrity and availability.
This is one of a series of information security policies maintained by the Information Security teams designed to protect ClubMV information systems.
ClubMVPAY TERMS & CONDITIONS
- ClubMVPay is a payment service that allows users to conduct cashless transactions at partners’ outlets via the Website’s mobile application.
- These ClubMVPay’s terms and conditions (“Payment Terms”) must be read and understood before accessing and/or using the Website and its Service. The Payment Terms listed here govern the rights of both the user as well as the Company throughout the transaction process. It also represents a legally binding agreement between the Company (including all its subsidiaries, brands, related and/or associated companies/brands) and you as the user. From time to time, the Payment Terms may be revised. Notification of the update will be posted on all relevant Websites. Any usage of the Website and/or performance of any transactions after the said updates or revisions, will be deemed that you has read and agree with the updated Payment Terms.
- If you are not in acceptance of the revised or amended Payment Terms, you shall immediately discontinue the usage of the Website and all other Services provided by the Company (including all its subsidiaries, brands, related and/or associated companies/brands).
- Legal Relationship
- ClubMVPay acts as a facilitator to assist users in making cashless payment at selected Merchants. An independent relationship is established between us and the user. All action which is performed through the Website is directed by the user and is in no way, controlled by the Company (including all its subsidiaries, brands, related and/or associated companies/brands). All of the customer’s funds will be held separately from Company funds at all times. All transactions or therefore, lack of transactions, will be decided by the user.
- The Website and Service only function by hosting, maintaining and facilitating transactions between users and Merchants via the Internet.
- We do not pose any authority and therefore will not be held responsible for any liability from using our service. We act as a facilitator and do not guarantee that users or Merchants which are being dealt with will complete the transaction.
- Purchases and Payment
- The Service allows transactions to be made according to the price listed on the Website or on the Merchant’s price list. When a transaction takes place, payment is processed whereby (a) credit card / debit card / online banking information is held and (b) price of the transaction is charged to the selected payment method immediately.
- A current, valid and accepted payment method (as may be updated periodically, “Payment Method”) must be provided to us for use of the Service. When using our Service, it is assumed that the stipulated price listen on each item on the Website and/or on the Merchant’s price list is mutually agreed upon transacting.
- Should payment method fail, we retain the right to request and/or seek payment from you through other avenues. Payment method may be edited by referring to the “Payment” page (mobile application). In the situation whereby payment is unsuccessful due to any reason (expiration, insufficient funds or otherwise), you are responsible to edit your payment method. Failure to do will result in allowing us the authority to continue billing the pre-selected payment method. All responsibility to resolve any/all disputed with your financial institution, credit/debit card issuer or provider of your selected Payment Method, are to be borne by you.
- The Company (including all its subsidiaries, brands, related and/or associated companies/brands), in the event of any loss or damages, will not be held liable regardless of the circumstance whether it be contract, tort, negligence, strict liability or other basis arising from the use and/or the access of our Service and/or Website. This includes any third party link to or from the Company’s Website. The services listed and provided on the Website constitute a ‘willing seller and willing buyer’ basis. Thus, the Company is absolved of any form of liability which may occur as a result of any transaction. The exclusion clause is to be taken into full extent as permitted by law.
- Taxes: Any/all purchases made through the Website will be inclusive of (if any) taxes which are constituted by the specific regional law. You will be in agreement to any form of prevailing tax, duties, fees, charges and/or cost, however denominated, which may be charged by extent of the regional law at any time.
- Refunds: All transactions which are conducted are non-refundable in the case of partially used credits or unclaimed purchases. In cases whereby you have been wrongfully billed, a “case-to-case” basis approach will be taken in the presence of credible evidence of such. The Company holds full authority and discretion towards the outcome of such circumstances. All refunds will be processed in Clubmv Credits. Cash refund requests will be considered on a case-by-case basis and will be subjected to a surcharge of ten per centum (10%) on the transacted amount. The Company reserves the right to conduct thorough investigations over a period of time deemed that is deemed necessary by customer service agents of the Company.
- “Information” is defined as the information which is willingly shared with us throughout the registration, payment, store or any other feature of the service. We act as a mediator for the distribution of your information online. The user possesses full responsibility over the content of the information which is shared with the service.
- The Company (including all its subsidiaries, brands, related and/or associated companies/brands) reserves the right to terminate and/or suspend your account at any time for whatsoever reason, and is not obligated to disclose the reason behind the termination and/or suspension.
- In the situation whereby the Payment Terms are violated by the user, the Company reserves the right for immediate termination and/or suspension of your account.
- Holding of Funds
- In order to ensure the authenticity and integrity of all transactions, the Company (including all its subsidiaries, brands, related and/or associated companies/brands) reserves the right to hold funds or proceeds from transactions under a “pending” state beyond the normal distribution period. This is done in order to avoid any risk which may be related to suspicious transactions.
- Trademark and copyright
- All trademarks, service marks, copyrights which are displayed throughout the Website are the sole and exclusive of the Company’s property.
- Unless prior written consent or permission is granted by the Company, any/all of the trademarks, service marks, copyright and logos which are displayed throughout the Website and mobile application, no license or right is granted to any party accessing the platform to use, download, reproduce, copy or modify such trademarks, services marks or logos. Similarly, unless the prior written consent from the Company or the relevant proprietor has been obtained, no such trademark, service mark or logo may be used as a link or to mark any link to the Website or any other site.
- By using the Website and its Services, you hereby agree to indemnify and keep indemnified the Company and in addition, do not hold the Company responsible for any and all liabilities, financial losses, expenses which may incur from the misuse of the service, breach of terms and conditions or infringement of intellectual property made towards the company as a result of your use services provided.