RULES & BYE-LAWS
RULES OF THE CLUB
These rules (the “Rules”), as amended from time to time in accordance with the terms of the Rules, are the Rules of the Club.
- NAME AND LOCATION
The name of the Club is “Alesya de Monaco” and it is located in Dubai, United Arab Emirates (referred to in these Rules as the “Club”).
- OBJECT OF THE CLUB
The objects of the Club are the provision of products, facilities, services and amenities of a private club, run on commercial principles, for the purpose of facilitating the social interaction and exchange of persons connected with or interested in food and beverage, cosmetics, health and wellbeing, art of living, lifestyle, travel, science, technology, transportation, entrepreneurship, business, music, philanthropy, charity, fashion, architecture, design and art.
- The Club is owned by Alesya de Monaco LLC (the “Company”). The Company is a Limited Liability Company incorporated and registered in the Dubai Municipality with commercial trade license number 1005261. A Member’s membership relates to the Club only and no other club or premises owned or operated by the Company and does not entitle a Member to any shares, capital, profits or assets in, or in relation to, the Company nor to participate in any voting or other shareholder matters of the Company.
- The Members are under no financial liability in respect of the Company by reason of their membership of the Club save for their liability of the Club joining fee, annual subscription, food and beverage charges and any fees in respect of any events booked or attended by a Member for which fees are chargeable/payable.
- For the purposes of these Rules and the Bye-Laws:
- “Board” means the Board of Directors of the Company from time to time;
- “Bye-Laws”means any Bye-Laws made by the Company in accordance with Rule 30;
- “Contract” means the membership contract between the Company/Club and the Member(s), the terms of which include the terms of these Rules and the Bye-Laws;
- “Club” shall have the meaning given to it in Rule1;
- “Director”means a member of the Board of Directors from time to time;
- “Executive Committee” – means the Executive Committee of Members of the Company from time to time, such committee to be appointed by the Board to deal with day to day management matters and decisions of the Company in accordance with the Rules of the Executive Committee;
- “International Club” shall mean either The Alesya de Monaco Club
- “Membership Committee” shall have the meaning given to it in Rule 8.1;
- “Member” means a person who is admitted as a Member of the Club in accordance with any previous rules of the Club or these Rules (as amended from time to time) and who remains a Member of the Club in accordance with these Rules (as amended from time to time);
- “Rules of the Executive Committee” means the rules governing the Executive Committee as adopted by the Board from time to time.
- “Secretary” shall have the meaning given to it in Rule 6
- 3.4 If the Company has to contact a Member it will do so by telephone or by writing to that Member using the telephone number, email address or postal address provided to the Company by that Member in their application, as is updated by the Member from time to time. A Member may contact the Company by writing to the Secretary at the email address or postal address as shown on the Club’s website from time to time.
- 3.5 When these Rules or the Bye-Laws use the words “writing” or “written” or similar terms this reference includes emails, sms and whatsapp messages.
- PATRON & PRESIDENT
- 4.1 The Executive Committee may appoint either, or both, a Patron and / or President to represent the Club, being distinguished persons.
- 4.2 If a President is appointed, the Executive Committee may also appoint two Vice Presidents, also distinguished persons.
- THE CHAIRMAN
The Chairman of the Company shall be the Chairman of the Club (the “Chairman”).
- THE SECRETARY
- 6.1 The Chief Operating Officer of the Company from time to time shall act as the Secretary of the Club (the “Secretary”) and is responsible for the proper running of the Club on a day to day basis as determined by the Board.
- 6.2 In these Rules and Bye-Laws the expression the “Secretary” shall also include any other person(s) appointed by the Board to perform any of the duties of the Secretary.
- ADVISORY BOARD
- 7.1 An Advisory Board may be appointed by the Executive Committee from time to time to support and promote the development of the Club (“Advisory Board”).
- 7.2 Membership of the Advisory Board is granted at the absolute discretion of the Executive Committee and may be terminated and/or suspended at any time by the Executive Committee.
- MEMBERSHIP COMMITTEE
- 8.1 A committee of Members (the “Membership Committee”) may be appointed by the Executive Committee to make recommendations to the Executive Committee in regards to who should be admitted as a Member.
- 8.2 Membership of the Membership Committee is granted at the absolute discretion of the Executive Committee and may be terminated and/or suspended at any time by the Executive Committee.
- 9.1 Members shall consist of Full Members, Second Members, Young Members, International Members, Honorary Members and Temporary Members.
- 9.2 Every candidate for membership must be at least 18 years of age.
- 9.3 No employee or former employee of the Company shall be elected a
Member without the consent of the Secretary.
- 9.4 The Company may from time to time add additional categories of membership or amend the conditions attached to each category of membership. Any such addition or amendment shall be posted on the Club’s website for at least 14 days prior to its implementation.
9.5 Each Member, whatever their category, shall, in common with all other Members, enjoy equal rights and privileges of the Club subject to the provisions of these Rules and the Bye-Laws and as the Company may from time to time determine.
- 9.6 If the criteria governing the membership category of a Member are no longer applicable to the Member, they shall notify the Secretary forthwith so that, subject to prior Executive Committee approval, an appropriate change of category can be made and at their next renewal date following any such change, they shall become liable to pay the subscription rate applicable to such new category.
- 9.7 Each Member, whatever their category, shall confirm and declare their primary residential and business address and apply for membership to the Club which they will use most often.
10.1 The criteria/requirements for each classification/category of Member shall be as follows:
- (a) Young Member: 29 years of age or below (but at least 18 years of age) on the date the application form is received by the Company; proof of age required.
- (b) Full Member:30 years of age or above the date the application form is received by Company;
- (c) Second Member: a spouse sharing the same residential address as
a Full Member who is 30 years of age or above on the date the application form is received by the Company; Second Members may not be joined to a Young membership; proof of address required;
- PROCEDURE FOR APPROVAL AND ELECTION OF MEMBERS
- 11.1 The name and particulars of every candidate applying for membership shall be entered on a form provided by the Secretary. A candidate shall supply a photograph (for identification and security purposes only) and such further information concerning themselves and their candidature as the Secretary may reasonably request.
- 11.2 Every candidate for Membership must be supported by a proposer and seconder, both of whom shall be Members of either The Alesya de Monaco Club, and each of whom, if required by the Secretary, shall send to the Secretary a letter in support stating how long they have known the candidate and giving relevant information in support of their belief that the candidate is qualified for membership by virtue of their connection with, or interest in, the arts, literature or sciences and is likely to be welcomed by and agreeable to the Members.
- 11.3 Upon receipt of an application for Membership, and all other required information and documentation, the Secretary shall pass on the application and such other information and documentation to the Executive Committee.
- 11.4 The election of Members shall be by the unanimous decision of the Executive Committee, who shall consider the recommendation of the Membership Committee (if formed) and decide by secret ballot if necessary; one vote against a candidate shall exclude a candidate from becoming a Member.
- 11.5 There shall be a period of at least 1 week between the Executive Committee receiving an application and deciding on whether an application for Membership is successful.
- 11.6 A candidate shall be required to meet with the Membership team prior to the Executive Committee considering their application, unless the Secretary decides in any particular case that such a meeting is not required.
- 11.7 No reason shall be given to any candidate in the event of their non-election.
- 11.8 If the Executive Committee elects, the approval of any candidate will be subject to ratification by (a majority of) the Board. If the Board does not in such circumstances ratify such a candidate, the Executive Committee shall give notice to the candidate and they shall immediately cease to be a candidate and shall not be eligible for reconsideration as a candidate for a period of one year from the date of the original application.
- 11.9 Upon approval by the Executive Committee and (if applicable) ratification by the Board, the Secretary shall notify the candidate that he/she has been elected as a Member of the Club conditional upon him complying with this Rule. The Secretary shall make available to the candidate a copy of these Rules and any Bye-Laws and shall request the candidate to deliver to the Secretary the following:
(a) the relevant joining fee together with the current annual subscription at the rate appropriate to the category of Membership.
11.10 Failure by the candidate to comply with the provisions of Rule 12.9 within 14 days of notification shall (unless the Executive Committee decides otherwise) result in cancellation of such candidate’s conditional right to become a Member.
- 11.11 The Executive Committee shall have the power to extend the periods for complying with the provisions of Rule 12.9 hereof for as long as it thinks fit.
- 11.12 On complying with the provisions of Rule 12.9, the name of the candidate will be entered in the Register of Members maintained by the Club as a Member and forthwith will be entitled as a Member to all the benefits and privileges of the Club. Upon being so entered in the Register of Members the Member will be deemed to have agreed that he will be bound by these Rules, all Bye-Laws and the Privacy Notice (as amended from time-to-time), and all subsequent amendments to them.
- 11.13 Cancellation Right of Members
- (a) Members who have been approved have the right to cancel their membership, without giving any reason, within 14 days of the date on which the Member pays the joining fee. The cancellation period will expire after 14 days.
- (b) To exercise the right to cancel, a Member must inform a Secretary of their decision to cancel their membership by a clear written statement (e.g. a letter sent by post or an email).
- (c) To meet the cancellation deadline, it is sufficient for a Member to send their communication concerning their exercise of the right to cancel before the cancellation period has expired.
- (d) If a Member cancels their membership within the 14-day period referred to above, the Company will reimburse to that Member all joining fees and subscription payments received from that Member.
- (e) The Company will make the reimbursement without undue delay, and not later than 14 days after the day on which the Secretary is informed about the Member’s decision to cancel their membership.
- (f) The Company will make the reimbursement using the same means of payment as the Member used for the initial payment, unless the Member has expressly agreed otherwise; in any event, the Member will not incur any fees as a result of the reimbursement.
- (g) If the Member started to use the services or facilities of the Club during the cancellation period, the Member shall pay the Club an amount which is in proportion to the period of use until the Member communicated its cancellation of its membership, in comparison with the full membership year and the remainder will be refunded (as applicable).
12.14 The Alesya de Monaco Club’s Privacy Notice, which is available at www.alesyademonaco.com sets out the terms on which the Club processes any personal data of Members (or their guests), or that Members (or their guests) provide to the Club or the Company.
- FEES & SUBSCRIPTIONS
- 12.1 Subject to Rule 12.13 above, the joining fee payable by a Member shall be such an amount as the Company shall from time to time determine and shall be non-refundable.
- 12.2 The annual subscription for each of the various categories shall be such an amount as the Company shall determine, and shall be payable annually on such date as determined by the Company. The annual subscription will be charged automatically on the Member’s renewal date, for those Members who have opted to store their payment details securely in our payment processing platform.
- 12.3 The Company may apply an increase on any rate of annual subscription to any Member by providing at least 14 days’ notice, which increase shall apply from their next renewal date, and the Member shall be entitled to terminate their membership in accordance with Rule 25.
- 12.4 If a Member shall for any reason cease to be a Member before the whole of the annual subscription for the current year shall have been paid, then the unpaid balance shall immediately become payable.
- 12.5 If a Member, having paid the annual subscription in advance for the relevant year, shall for any reason cease to be a Member before the expiry of that year, the Member shall not be entitled to be reimbursed any part of that annual subscription.
- 12.6 The Company may, notwithstanding Rules 13.4 and 13.5 above, at its absolute discretion, waive or reduce the subscription of any Member or former Member.
- 12.7 In the event of a former Member applying to re-join the Club, the Company may waive the joining fee and may apply the current annual subscription rate applicable.
- 12.8 Current rates of subscription for each of the categories of the Members shall be available on the Club’s website for inspection.
- 12.09 If a Member fails to pay any amount due from them to the Company or the Club within 14 days from the due date for payment, then the Company will reserve the right to suspend and/or terminate the Member’s membership, and will apply the current annual subscription rate to any future memberships held by the Member.
- 13.1 Renewal dates or annual subscriptions are set on the first day of the month of election as a Member and recur annually, unless the Company determines otherwise.
- 13.2 Membership Renewals are not automatic and are reviewed annually by the Executive Committee, including usage by the Member of any Interna
tional Club versus Primary Club. The Executive Committee’s decision is final and may not be appealed. The reason for terminating or not renewing a membership will not be given.
- 13.3 Members will be given one month’s notice prior to their annual renewal date. For those Members who have opted to store their payment details securely in our payment processing platform, the annual subscription will be charged automatically on the date of renewal. If the subscription is not settled by the renewal date, 14 days’ grace period will be given. Following this, the Member will be considered overdue and Club access will not be granted. If the subscription is not settled within the next 14 days, the Company will reserve the right to suspend and/or terminate the Member’s membership and during this time, the Club has the right to deny access until those fees are paid in full. The settlement will be backdated to the original renewal date. The current published annual subscription rate will apply to any future membership applications made by the Member.
- 13.4 If a Member has been charged automatically for their renewal but wishes to resign their Membership they have 14 days to inform the Membership Office in writing and they are entitled to a refund of the annual subscrip- tion, as long as they have not used the Club during this 14 day period.
- 13.5 Upon attaining the age of 30, Young Members will transfer to the Full Member category and its current applicable subscription at their next renewal date. The Club will notify these Members of the change in rate one month prior to their renewal date.
- 13.6 For a Second Member, their associated Full Member must still be a fully paid existing Member to maintain the Second Member’s subscription rate. If not, the Second Member will revert to the Full Member rate applicable at the time of their next renewal and no longer be considered a Second Member. The Executive Committee reserves the right to request proof of address on the annual renewal date from a Second Member. Second Members are required to inform the Secretary in writing of any change in circumstance which would no longer entitle them to be a Second Member, and the change in rate will apply at their next renewal date.
- 13.7 A Member may freeze their Membership one time throughout the lifetime of their Membership. This request must be submitted in writing within 30 days of their renewal date to avoid termination for non-payment. The length of the freeze is one year and cannot be extended or shortened. If the Member wants to reactivate their Membership prior to the one year period they may be subject to the payment of their back dues to their original renewal date. Upon reinstatement, their annual subscriptions will remain at their original Membership tier unless the subscription has been increased across all membership tiers, in which case, the new rate will apply. The above also applies to International membership.
Should a Membership be terminated for non-payment and the Member wants to reactivate their Membership within one year from termination, they may do so by paying the backdated amount to their original renew- al date at the current rate of their original Membership tier. Should a Membership be terminated for non-payment and the Member wants to reactivate their Membership after one year from termination, they may do so but at the current rate and may need to resubmit an application.
- MEMBERS’ ADDRESSES
Every Member shall promptly inform the Secretary of any change of their address, email or other contact details. A Member must honestly declare the residential address at which they formally reside and the business address at which they work from for the majority of the year and only apply for membership to the Alesya de Monaco Club, the one they will use most often; proof of address may be required; usage will be monitored by the Company.
Members and guests (provided they are invited in accordance with the Bye-Laws), will be admitted to the Members’ areas of the Alesya de Monaco Club during normal hours of admission.
Each time, upon arrival at the Club, Members must present their membership card and sign in the admission book provided at the front desk and must legibly include the name/s of their guest/s. The Club may charge a Member if a replacement membership card is required.
No person under the age of 18 will be admitted to the Club without the prior written permission of the Secretary or manager on duty [other than on a Friday or Saturday or public holiday in the UAE. On these days, Persons under the age of 12 are permitted access to the Club from the time of opening until 5pm. Persons aged between 12 and 17 are permit- ted access to the Club from the time of opening until 9pm. In both cases, these persons must be accompanied by a Member who must be their parent or guardian.
- 15.5 The Secretary may determine that on certain days Members may not be admitted to the Club or any part thereof, or to provide for the closure of the Club on public holidays, for private hire or for any reason at the absolute discretion of the Company which justifies temporary closure. The Secretary shall, if practicable, notify Members in advance by e-mail of any temporary closure of the Club.
- 15.6 The Company or Secretary may refuse admission to the Club to any person in their absolute discretion and without giving any reason.
- 15.7 No person under 21 years of age is allowed in the Late-night Lounge.
- 15.8 The Club may at its absolute discretion:
- (a) refuse entry to the Club by any Member and/or guest without providing a reason;
- (b) removeanyMemberand/orguestfromtheClubpremiseswithout providing a reason; and
- (c) rescind a Member’s membership without providing a reason.
- DISCIPLINE OF & EXPULSION OF MEMBERS
- 16.1 A Member may resign their membership at any time by letter or email delivered to the Secretary at the Club address as shown on the Club’s website.
- 16.2 The Company or Secretary may expel any Member or guest for breach of the Rules and/or Bye-Laws at any time.
16.3 A Member’s membership, and/or admission to the Club’s premises, may be suspended or terminated at any time, either indefinitely or for a set period of time by the Company in the event that the Company considers that the conduct, reputation or character of the Member or the Member’s guests, is or might be injurious to the character, reputation or interests
of the Club or the Company, or render that Member unfit to associate with other Members, or for any other reason at the Company’s absolute discretion. Before a Member is expelled, the alleged offender’s conduct may, at the absolute discretion of the Company be inquired into and, if requested by the Club or Company, the person involved may be required to send a written statement of events to the Secretary and to justify
or explain their behavior. During such a period of investigation, the Club may temporarily suspend the Member’s membership. The Company has authorized each and any of the Secretary, the Board and the Executive Committee to exercise its power of suspension or termination pursuant to this Rule.
16.4 Having inquired into the events, if the Company or Secretary is of the sole opinion in its absolute discretion that the Member is, or is suspected to be, guilty of such conduct as mentioned in Rule 17.3 and/ or has failed to justify or explain this conduct or behavior satisfactorily, it may either expel or suspend the offender at its absolute discretion from all Clubs covered by the Member’s membership. The Member shall be disbarred from the Club while so suspended from membership.
- 16.5 Nothing in these Rules or Bye-Laws shall prevent the Company or Secretary from requesting a Member to resign and if such a request is complied with, within 14 days, no resolution of expulsion shall be proposed.
- 16.6 An expelled or suspended Member, or a Member that is requested to resign, may not return to the Club as a guest.
- 16.7 A Member expelled from the Club forfeits all the privileges of membership without any entitlement to a claim for any refund of the joining fee. The Company will refund the proportion of the subscription fee received for the current year as reflects the unused part of the year after termination.
- 16.8 In all matters of Club discipline, the decision of the Committee and/or Company is final.
- 16.9 Notwithstanding any other provision of these Rules, neither a court order nor an arbitration award shall be required to effect a termination of a Member’s membership in accordance with these Rules.
- CONDUCT OF MEMBERS
- 17.1 Members and their guests shall, at all times, comply with all local laws, regulations, rules and customary practice relevant to the Club and the United Arab Emirates.
- 17.2 Members and their guests must, at all times, treat all other Members and guests with the utmost respect and shall not carry out any act or behavior which may cause any disrepute to another Member, guest, the Club, the Company or the United Arab Emirates.
- 17.3 Members and their guests are required to be attired in a clean and tidy manner when in the Club, adhering to the dress code set out on the Club’s website at www.alesyademonaco.com/club
- 17.4 No drunkenness, use of non-prescription drugs or illegal substances, gambling, bad language, violent or abusive behavior, or other misconduct is permitted on the Club premises.
- 17.5 All Members shall, before leaving the Club premises, on each visit pay in full all charges incurred by them and/or their guests whether in respect of food, beverages or any other matter.
- 17.6 No Member or guest shall use the name or address, or colors, trade marks, photographs, trade dress, logo or other intellectual property or identifying feature(s) of the Club (the “Club Marks”) in any (including but not limited to): advertisement, marketing material, invitation, prospectus or letter heading for business purposes save, with the prior
written approval of the Secretary as to the specific use.
- 17.7 Each Member and its guests hereby expressly recognise that the Club Marks are the valid, unique and exclusive property of the Club and the Company.
- 17.8 No Member shall use the name or address of the Club in any correspondence or article which is intended for publication without the prior written approval of the Secretary.
- 17.9 No Member shall remove (except with the express permission of the Secretary) or damage or destroy any picture, item of furniture or other article (including without limitation: books, magazines and newspapers) being the property of the Company or Club.
- 17.10 In the event that a Member or guest of a Member causes damage to or destruction of any such property, then such Member shall be fully responsible for making good all loss suffered by the Club or Company as a result of such damage or destruction.
- CONDUCT OF GUESTS
18.1 Members introducing guests are wholly responsible for the conduct of such guests. Members must ensure that their guests are made aware of and abide by the Rules, the Bye-Laws and the Privacy Notice (as amended from time to time). Members can face suspension and/or termination
of membership if their guests violate the Rules, the Bye-Laws and/or the Privacy Notice.
- 18.2 A Member introducing guests will be responsible for ensuring full and prompt payment of the cost of all items consumed, ordered and/or used by their guests.
- 18.3 Guests may not remain in the Club once the host Member has left the Club premises.
- 19. MEMBERS’ PROPERTY
Property entrusted by a Member or their guest(s) to a member of Club staff for safe custody or for any other purpose, or left on the Club’s premises, shall be entirely at the Member’s/guest’s (as appropriate) own risk, and neither the Company nor the Club nor any employees of the Club or the Company (when acting in the course of their employment) shall be liable for any loss of, or damage to, such property or for any consequential loss or damage of any description.
- RECIPROCAL ARRANGEMENTS
The Company shall be empowered to negotiate arrangements with other similar membership clubs on such terms as it thinks fit to enable Members to avail themselves of the facilities of any such club in return for such club making available its facilities to Members.
- RECIPROCAL MEMBERS
- 22.1 All members of clubs in respect of which reciprocal arrangements have been made pursuant to Rule 21 above (“Reciprocal Members”) may use the Club in accordance with the terms of their club’s respective reciprocal arrangements agreement in place with the Club.
- 22.2 Written confirmation from the Reciprocal Member’s home club must be received 48 hours in advance of the Reciprocal Member being entitled to use the Club.
- 22.3 All Reciprocal Members shall be bound by the Rules and any Bye-Laws of the Club.
- 22.4 A Reciprocal Member may bring guests to the Club upon the same terms as Full Members.
22.6 Reciprocal Members must provide proof of their membership of the relevant reciprocal club and they must sign in the admission book details of such membership provided at the front desk at the Club and must provide the name(s) of any guest(s).
- 23.1 All complaints shall be made in writing to the Secretary.
- 23.2 A Member shall not personally reprimand a member of Club staff or any other Member or guest.
- EXHIBITIONS & CLUB EVENTS
24.1 On the occasion of any organized exhibition or event, exhibitors, persons accompanying them and persons invited by the Company or Secretary are entitled to the privileges of membership for the occasion, provided that:
- (a) no one admitted to the Club by virtue of this Rule may take part in management of the Club or introduce guests;
- (b) persons admitted to the Club under this Rule Subject The Same Rules and Bye-Laws as the Members; and
- (c) the exhibition/event must be sanctioned by the Company or the Secretary.
- ALTERATION OF RULES AND BY-LAWS
- 25.1 These Rules may be revoked, supplemented or altered by the Company at any time provided that Members are given 14 days’ notice of any such revocation, supplementation or alteration of these Rules.
- 25.2 These By-Laws may be revoked, supplemented or altered by the Company at any time with immediate effect.
- LIABILITY OF THE COMPANY
- 26.1 The Company’s liability to the Members and guests shall be limited in
according to Rule 26.
- 26.2 Subject to Rule 26.4 below, the Company shall only be liable for reasonably foreseeable loss or damage a Member suffers as a result of the Company failing to use reasonable care and skill or failing to comply with any relevant part of the Rules and/or the Bye-Laws (as appropriate). For the avoidance of doubt, the Company is not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time of acceptance of a Member’s membership, both the Company and that Member knew it might happen. For example, if the Member notified the Company during the application process. Members are responsible for notifying the Membership team of any medical condition that may affect their use of the Club and are responsible for managing their medical condition while using the Club.
- 26.3 Where the Company is liable to a Member under Rule 26.2 above, other than for failing to provide services with reasonable skill and care, the Company’s liability is limited to the total subscription fee paid by that Member for the current membership year, except where Rule 26.4 applies.
- 26.4 The Company does not exclude or limit in any way its liability to Members or guests where it would be unlawful to do so. This includes liability for death or personal injury caused by the Company’s negligence or the negligence of its employees, agents or subcontractors; for fraud or fraudulent misrepresentation or for breach of a Member’s legal rights in relation to the services provided by the Company.
- 26.5 In no circumstances shall the Company be liable for business losses. The Club should not be used for any business purposes but if a Member does use the Club for any commercial or business purpose (in breach of the Rules and without the consent of the Company) the Company will have no liability for any loss of profit, loss of business, business interruption or loss of business opportunity.
- GOVERNING LAW AND DISPUTES
- 27.1 These Rules and the Bye-Laws are governed by Monaco Law, Principality of Monaco
- 27.2 Members, guests and the Company shall in good faith discuss any disputes arising out of or in connection with the Rules and the Bye-Laws, promptly following notice of such a dispute.
27.3 In the event that a dispute is not resolved within 60 days of the first notice thereof, the courts of Principality of Monaco, shall have exclusive jurisdiction upon application by the relevant Member and/or guest or the Company.
In the event of dissolution of the Company or Club, the Members shall not have any right to, or claim upon, any property of the Company or Club, or be required to share in any discharge of its obligations, nor be entitled to any refund/reimbursement of annual subscription.
- OTHER IMPORTANT RULES
- 29.1 The Company may transfer its rights and obligations under the Contract (which incorporates these Rules and the Bye-Laws) with each Member to someone else.
- 29.2 Nobody else has any rights under the Contract (which incorporates these Rules and the Bye-Laws) between the Company and each Member. No other person shall have any rights to enforce any of its terms.
- 29.3 If a court of competent jurisdiction finds any part of these Rules and/ or the Bye-Laws illegal, the rest will continue in force. Each of the paragraphs of these Rules and the Bye-Laws operate separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
- 29.4 Even if the Company delays in enforcing the Contract (which incorporates these Rules and the Bye-Laws), it can still enforce it later.
If the Company does not insist immediately that a Member does anything it is required to do under these Rules and/or the Bye-Laws, or if the Company delays in taking steps against a Member in respect of their breaking these Rules and/or the Bye-Laws, that will not mean that the Member does not have to do those things and it will not prevent the Company taking steps against that Member at a later date. For example, if a Member misses a payment and the Company does not chase that Member but continues to allow that Member access to the Club, the Company can still require that Member to make the payment at a later date.
The Company may make Bye-Laws for the regulation and management of the Club (“Bye-Laws”) and may amend or revoke any Bye-Laws so made at any time; but no Bye-Law shall be inconsistent with these Rules. In the event of any ambiguity or conflict arising between the terms of these Rules and the Bye-Laws, the terms of these Rules shall prevail.
- BINDING EFFECT OF RULES AND BYE-LAWS
Every Member shall be bound by these Rules and any Bye-Laws and every Member shall ensure that all guests permitted to attend the Club in accordance with these Rules and/or Bye-Laws shall comply with these Rules and any Bye-Laws.
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Our products & services include recommending and procuring products and services for a luxury lifestyle and sourcing retail items. Alesya de Monaco, expressly reserves it rights, to vary its Services without prior notice to its Users.
The Users are solely responsible for the buying products & services, and we are not liable, responsible, or accountable for the same, except as expressly provided herein. The products & services may only be used by the User whose age is at least 18 years old. We do not knowingly market our services to children, except if being accompanied by the latter legal guardian, which shall be the guardian’s sole responsibility. You may only create a member profile with Alesya de Monaco if you are legally capable of forming a binding contract with us and are able to abide by and comply with these Terms. You may use the products & services only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations.
The products & services are designed for your personal use. You may not open an account on the products & services on behalf of a company, organisation, or other entity, unless you have express permission to do so from us. At our sole discretion and without obtaining any form of liability, If the need arises, we may suspend, block, or prohibit access to our products & services, or close them indefinitely without prior notice.
LINKS TO THIRD PARTY WEBSITES AND LINKING OUR PRODUCTS & SERVICES
Our website may contain links, hyperlinks and pointers to third party products, services and/or websites that are not affiliated with Us. We have no control over the products, services or websites of these third parties and We do not guarantee or take responsibility for them. Our website may also contain advertising from third parties and we are not responsible, nor do we make any warranties or representations for any misleading or inaccurate advertisements which are the sole responsibility of the advertiser.
Any links or advertisements on our Website should not be taken as an endorsement by us of any kind. Furthermore, our Website contains data provided by third parties and we accept no responsibility, nor do we make any warranties or representations for any inaccuracies in this material. User agrees to release us from any claims or disputes of any kind arising from or in any way connected to such disputes with third parties.
We do not warrant that the content, links, or sub-domains contained on, or associate with our Website will be available and accessible to you at all times. Information on our publications, posts, inserts, information, content should not be regarded as a substitute for professional legal, financial or real estate advice.
Our products & services must not be framed, “mirrored” or otherwise incorporated into or on any other site, nor may you create a link to any part of our site other than the homepage. We reserve the right to withdraw linking permission without notice to you. We reserve our rights to take any legal action regarding any unauthorized incorporation of our site to any third-party website.
ACCOUNT REGISTRATION AND VERIFICATION
Registering with the Service
The User undertakes the following:
- In registering for this Website, user warrants that user is of legal age and legally allowed to enter into any agreement under the existing law.
- User must ensure that the information he/she has provided during the registration process is current and accurate. After registration, user will receive a confirmation link via email from our end. The objective of the confirmation link would be to establish authenticity of your email account.
- User must maintain confidentiality of the account and its password give to you, and is fully responsible for all activities that occur in the Website under user’s account.
- User is prohibited to use another member’s account without our, and/or the other user’s, express permission. If the user suspects or become aware of any unauthorized use of the user’s account or that the password is no longer secure, the User must notify us immediately and take immediate steps to re-secure the account.
- User Registration Details and data relating to the user use of the Website will be recorded by the Company but this information shall not be disclosed to third parties or used for any purpose unrelated to the Website, except as provided under the law.
- Company may send a small file to the user’s computer when he/she visits the Website. This “cookie” will enable us to identify the user computer, track its behaviour on the Website and to identify the user particular area/s of interest so as to enhance the user future visits to the Website. We shall not use it otherwise than in relation to this Website. User can change the settings of the computer browser to reject cookies but this may preclude use of certain parts of this Website.
- By using the Website and its associated functionality, user grants his/ her express consent to the Company to send special offers, occasional third party offers, direct marketing communications to the email address the user has provided. We will not use the user data for any other purposes than as set out in this Agreement, except that we may disclose this data if compelled to do so by law.
- If the user does not wish us to use his/her information as set out in this agreement, the use should immediately leave the Website before submitting his/her personal details.
- If the user does not wish us to use his/her email address to send information concerning the Website and related matters, the user may unsubscribe the same.
- We reserve the right to suspend or terminate the user account, at our own discretion, if we deem such suspension to be appropriate. In the event of such suspension or termination, we will notify you by email and the user must not seek to re-register either directly or indirectly.
Keeping your account information confidential
You are solely responsible for keeping your registration and other personal details (including your email and password) for your account confidential. You are responsible for maintaining the confidentiality of your password and agree to notify us immediately if you suspect that any third party has used your account or had access to your password. You are responsible for any and all use of your account. We strongly recommend that you use a secure password which contains a minimum of 8 characters, including upper- and lower-case letters, numbers and symbols.
You agree that you will not disclose your password to any other person or allow any other person to use your account, and you agree not to use the account, membership number, display name, email address or password of another member of the products & services at any time.
For more information, please visit our Privacy Statement.
Membership fees and duration
Your buying of our products & services is conditional on your paying in full our annual membership fees plus any applicable initiation fee (together, our “Fees”).The total Fees (and initiation fee, if any) will be made available to you before you sign up as a member. The User shall be solely responsible for all applicable taxes and/ or other governmental fee imposed by the Government Authority and/ or bank charges and/or third party payment processor charges. The User agree that we can withhold such tax for the purpose herein mentioned.
Subject to the terms and conditions herein set forth, your membership is valid for 12 calendar months from the date when it is granted or renewed (the “Subscription Term”) and you freely agree that we will renew automatically upon expiry of a Subscription Term in perpetuity, unless you contacted Alesya de Monaco at firstname.lastname@example.org to request the deletion of your membership account, at least 14 days prior to the end of the relevant Subscription Term.
Our Fees may vary from time to time. In the event that the annual membership component of the Fees varies from one Subscription Term to another, we will inform you of the change at least 30 days before the expiry of your then-current Subscription Term.
We reserve the right to refuse to grant or renew membership in our sole discretion and for any reason. We are under no obligation to provide reasons for our acceptance or refusal of any application or renewal.
Payment of Fees
Our Fees must be paid in full, including all applicable taxes or charges, for each Subscription Term prior to such membership being granted or renewed.
If your membership is renewed, payment for your Fees will be taken automatically on or around the first day of the new Subscription Term (“Renewal Date”). If you do not wish to renew your membership, please cancel your Alesya de Monaco membership in accordance with the procedure set out in section 3.1 above and no further payments will be taken. Memberships are non-transferable and cannot be paused or suspended.
Once a Subscription Term has commenced, We do not offer refunds, credit notes or pro-rated fees except in the circumstances set out in section 12.2 below or as otherwise permitted by applicable law, provided however, if applicable, we will not provide any form of interest thereof.
OUR LIFESTYLE SERVICES & PRODUCTS
- Types of requests
Requests to our Luxury Goods division may be accepted or denied. However, we reserve our rights to cancel the same in case in circumstances beyond our reasonable control or in the event of Force Majeure event. In such cases the Company shall not be held liable or responsible thereof.
Ordering goods and services from third party suppliers.
The terms in this section apply when, on your instruction, we:
- a) purchase goods and/or services or make bookings or reservations on your behalf from one or more supplier(s) that we have identified, recommended, sourced or otherwise selected for you, or that you have requested (a “Supplier”);
- b) facilitate your purchase of goods and/or services, or your making of any booking or reservation, from any Supplier by acting as an intermediary, conduit or booking platform, or by taking the relevant payment(s);
- c) act as the agent of any Supplier to contract with you for the provision of goods or services, or to make any booking or reservation; ord) undertake any other services that we have agreed from time to time, each a “Lifestyle Service”, and “Lifestyle Services” shall be construed accordingly. The purchases set out at a) to d) above shall be referred to in these Terms as “Lifestyle Purchases”.
The terms in this section 4 do not apply where we provide you with a link or other details for you to order goods or services from a Supplier direct and without any further involvement from us (if this is the case, please see section 1.2 above).
In most cases, some separate terms and conditions (either in addition to, or instead of, this section 4) will apply to a Lifestyle Service. If so, we will make these separate terms and conditions clear to you before we agree the relevant Lifestyle Service.
When we make introductions, we endeavour to choose Suppliers whom we feel might be suitable for you. However, any introductions we make should not be construed as an endorsement by Alesya de Monaco of such Supplier, or of any advice that such Supplier may give you, and you are responsible for ensuring the suitability of any third party with whom you deal(including checking the suitability, quality or merit of any goods or services that they may offer). This remains the case when Alesya de Monaco is acting as the agent and contracting on behalf of any such third party
You are responsible for paying for all Lifestyle Services ordered via our Services, regardless of the beneficiary or beneficiaries of such Lifestyle Services. For example, if you book a table at a restaurant, you are responsible for paying the bill for that table (although of course guests may pay separately if they wish, in which case you will not be double-charged).
Some Lifestyle Services (such as restaurant bookings, for example) may be subject to acceptance or confirmation from the applicable Supplier. Although we try to ensure that all availability displayed on the Service is accurate, restaurants may cancel or amend bookings after they have been confirmed. We are not responsible for any cancelled or amended bookings.
If you wish to amend any Lifestyle Service after your order has been confirmed, you may need to discuss this with the Supplier direct. We cannot guarantee that the Supplier will be able to accommodate any changes.
The price for any Lifestyle Services (including any applicable taxes) will be the price we advise you (by email, on our App, over the telephone or in person) before we complete your order unless we have agreed another price in writing. Prices may include fees charged by Alesya de Monaco and/or third parties as applicable (including, without limitation, third party suppliers and booking agents). We take reasonable care to ensure that the prices of Lifestyle Services advised to you are correct, but please see section 4.2 below for what happens if we discover an error in the price of the Lifestyle Services you order.
If the rate of any applicable taxes changes between your order date and the date we provide the Lifestyle Services, we will adjust the rate of the applicable tax that you pay, unless you have already paid for the Lifestyle Services in full before the change in the rate of tax takes effect.
Price changes in Lifestyle Services & Products
It is always possible that, despite our best efforts, some of the Lifestyle Services & Products we agree may be incorrectly priced. We will normally check prices before accepting your order so that, where the correct price of the Lifestyle Service at your order date is less than our stated price at your order date, we will charge the lower amount. If the correct price of the Lifestyle Service at your order date is higher than the price that we advised you (or we agreed in writing), we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakable and could reasonably have been recognised by you as a mispricing, we may cancel the contract for the Lifestyle Service(s) in question, refund you any sums (without any interest) you have paid and not arrange for the Lifestyle Service(s) to be provided to you.
Payment requirements for Lifestyle Services & Products
We may ask you to pay for your Lifestyle Services before we finalise your order by card.
You must pay all amounts due for the Lifestyle Services & Products (“Lifestyle Services Fees”) in full without set-off, counterclaim, deduction or withholding (except for any deduction or withholding required by law). We may at any time, without limiting any of our other rights or remedies, set off any amount owing to us against any amount payable by you to us, whether such liability is present or future, liquidated or unliquidated, and whether or not the liability arises under these Terms.
If you think any payment or invoice for Lifestyle Services Fees is wrong please contact us promptly to let us know and we will endeavour to resolve the issue.
Failure to pay for Lifestyle Services in accordance with these Terms may result in the termination of your membership. All payments for Lifestyle Services payable to us by you shall become immediately due and payable on termination of your membership for any reason.
For the avoidance of doubt, any discrepancies or mistake in the pricing shall not hold the Company liable or responsible and/ or in default of its obligations under the term and conditions herein set forth.
- Card payments
If you pay for Lifestyle Services & Products by card, you acknowledge and agree that we may pre-authorise your payment and all bank charges shall be your sole responsibility.
If you pay for Lifestyle Purchases using the App, we will email you a copy of your receipt.
In the event that your payment card is lost or stolen you agree that it is your responsibility immediately to contact the applicable card company in order to cancel your payment card.
Fair Use Policy
The Lifestyle Services we render to you are subject to a Fair Use Policy. In any given membership year, we will service no more than 24 (twenty four) Personal Briefs from any given member. Personal Briefs are requests requiring bespoke research on your behalf by the Alesya de Monaco team. Once you have reached the maximum of 24 in a given year, such requests will no longer be serviced by Velocity until your following membership year.
Limitations in services
We reserve the right to refuse to service any request, at our sole discretion. We are under no obligation to give a reason as to why we refuse, although we may from time to time. Examples of requests that we do not service includes, but are not limited to, adult entertainment, immoral or illegal requests, requests relating to firearms or controlled substances.
We use the third party payment processors Stripe/or other and Checkout to process card payments.
You warrant that you have all necessary authorities to use the payment cards whose details you provide. In order to offer a seamless service, We require members to have one valid payment card saved with our payment processor(s) throughout the Subscription Term. You can add or remove additional payment cards via the App at any time. Any issue arising between you and the third-party payment processor, the Company will not be liable or responsible or accountable to it.
YOUR RIGHTS TO THE SERVICES & PRODUCTS
Alesya de Monaco hereby grants you a personal, worldwide, royalty-free, revocable, non-sub-licensable, non-assignable and non-exclusive licence to use the Services & Products (which will include future updates made available to you from time to time provided that you understand that such updates may be subject to additional terms notified to you at the time that such update is made available), subject to these Terms. This licence is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by Alesya de Monaco, in the manner permitted by these Terms.
The rights in the Service are licensed, not sold to you. Except to the extent permitted by applicable law, you may not copy, reproduce, republish, disassemble, decompile, reverse engineer, adapt, alter, edit, re-position, rebrand, change, distribute, lend, hire, sub-license, rent, make a derivative work from the Services & Products.
Access to the Services & Products is permitted on a temporary basis, and we reserve the right modify, restrict access to, withdraw or amend all or parts of the Services without notice (although, where possible, we will endeavour to give you prior notice). We will not be liable if for any reason the Services are unavailable at any time or for any period for reasons beyond our control.
You are responsible for making all arrangements necessary for you to have access to Services. You are also responsible for ensuring that all persons who access Services through your internet connection are aware of these Terms, and that they comply with them.
Alesya de Monaco retains the right to set reasonable limits on use and storage from time to time. We will try to give you notice of this wherever possible.
ALESYA DE MONACO’S RIGHTS
Our rights in the Content and Services
All rights (including copyright, trademarks and other intellectual property rights), title, and interest in and to the Services & Products and the Content including but not limited to all information, data, text, maps, graphics, the “look and feel”, logos, icons, trademarks, images, video clips, sound clips, editorial content, notices, data compilations, page layout, selection or arrangement of the contents of the Services & Products, and the underlying code and software in the Services are and will remain the exclusive property of Alesya de Monaco and its licensors. The Services are protected by copyright, trademark, and other laws and treaties around the world. All such rights in the Services, Products, Content (excluding Content provided by members of the Services) and related material are reserved.
The Company reserves all intellectual property rights, including but not limited to, copyright in material and/or services provided by the Company. Nothing in this agreement gives the user any right to use any of the Company’s marketing material, business names, trademarks, logos, domain names or other distinctive brand features. Any breach committed by the User under this clause shall hold the latter civilly and criminally liable, without prejudice to the other rights and remedies mentioned under this agreement and laws.
User is prohibited to do the following:
- modify or copy the layout or appearance of the Website or any computer software or code contained in the Website; and/or
- decompile or disassemble, reverse engineer or otherwise attempt to discover or access any source code related to the Website.
Other trademarks used on the Website that belong to third parties are used with permission and remain the intellectual property of the third party.
If the user corresponds or communicates with the Company, the user automatically grants to the Company an irrevocable, perpetual, non-exclusive, royalty-free, worldwide license to use, copy, display and distribute the content of your correspondence or communication and to prepare derivative works of the content or incorporate the content into other works in order to publish and promote such content. This may include, but is not limited to, publishing testimonials on the Website and developing your ideas and suggestions to improve the services provided by the Company.
In the event that we merge, sell or otherwise change control of the Company, its business or the Website to a third-party, user agrees and acknowledges that:
- The Company shall be permitted without giving notice or seeking prior consent from user, to disclose and transfer the personal information and other data that it has collected from the user to the third party; and
- The Company shall be entitled to assign the benefit of any agreements it has with you to the third party.
- Prohibition on copying
You must not copy any part of the Content, with a view to creating or compiling any form of collection, compilation, directory or database unless we provide you with our prior express written consent to do so.
If you copy or download any part of the Services & Product or Content in breach of these Terms, your right to use the Services will cease immediately and you must, at our option, return or destroy any copies of the materials you have made, without prejudice to the other remedies, such as but not limited to injunction or prohibitions, provided under the law.
You may print off one copy, and may download extracts, of any page(s) from our Services for your personal reference and you may draw the attention of others within your organisation to material posted on our Services. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
RESTRICTIONS ON CONTENT AND USE OF THE SERVICES & PRODUCTS
You agree that you will not use the Services:
- in any way that violates any local, national or other laws or regulations (including applicable data privacy, export and re-export control laws and regulations) or any order of a court in any relevant jurisdiction.
- to sell any of your business’ goods or services unless with our prior written consent and/or as an authorised supplier partner;
- in any way that infringes the rights of any person or entity, including but not limited to their copyright, trademark or other intellectual property rights, or other privacy or contractual rights;
- to distribute advertisements of any kind (other than with our prior written consent) or otherwise communicate any false or misleading material or messages of any kind;
- in any way that intentionally or unintentionally harasses, annoys, threatens or intimidates any other member;
- in any way that promotes or incites, whether intentionally or unintentionally, racism, bigotry, hatred or physical harm of any kind;
- in any way that is abusive, defamatory, inaccurate, obscene, offensive, fraudulent, objectionable or sexually explicit;
- to solicit, provide or promote illegal or unlawful activities or in any way which may lead to the encouragement, procurement or carrying out of any unlawful or criminal activity or which may cause any harm, distress or inconvenience to any person;
- to access, tamper with, cause damage to, or use non-public areas of the Services & Products, Alesya de Monaco’s computer systems, servers or equipment or the technical delivery systems of Alesya de Monaco’s providers;
- to access or attempt to access any data of other members of the Services & Products or to penetrate any of the security measures relating to the Services & Products, or to probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures;
- in any way that intentionally or unintentionally deceives, defrauds or swindles any other member;
- to introduce any malware, virus or other harmful software program that intentionally or unintentionally damages or interferes with the operation of the Services & Products, including but not limited to cancel bots, denial of service attacks, time-bombs, worms, Trojan horses, viruses or any other maleficent software or hardware;
- interfere with, or disrupt, (or attempt to do so), the access of any member, host or network including, without limitation, sending a virus, overloading, flooding, spamming or mail-bombing the Services & Products, or by misusing the Services & Products so as to interfere with or create an undue burden on the Services;
- to copy, modify, transmit, display, perform, create derivative works from, re-sell or distribute any Content, information, software, products or services obtained through the Services & Products;
- for any commercial purposes (except with our prior written consent, or as specifically permitted by these Terms);
- to bypass measures used to prevent or restrict access to the Services & Products;
- to gain unauthorised access to the Services & Products, the server on which the Services & Products is stored or any server, computer or database connected to the Services & Products;
- to forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Services & Products to send altered, deceptive or false source-identifying information;
- to scrape, deep-link, crawl or spider or otherwise use the Services for phishing, spamming, trolling or any unauthorised (commercial) purpose (except as specifically permitted by these Terms); or
- to promote or support or solicit involvement in any political platform or cause, religion (recognised as organised or unorganised), cult or sect of any kind; or
- for any other purpose that is not permitted by these Terms.
- Interfere (or attempt to interfere) or disrupt (or attempt to disrupt) the Website or the servers or networks that host the Website;
- undertake any action that will impose a burden or make excessive traffic demands on our infrastructure that we deem, in our sole discretion to be unreasonable or disproportionate Website usage;
- use or index any content or data on our Website for purposes of:
- constructing or populating a searchable database of properties; or
- building a database of property information; or
- competing with us in any manner that we have not specifically authorised;
- transmit spam, chain letters, contents, junk email, surveys, or other mass messaging, whether commercial in nature or not;
- use our Website or any content from our Website in any manner which we in our sole discretion determine as not reasonable and/or not for the purpose which it is made available.
While we will do what we can to protect the security of your Member Content and account, we cannot guarantee that unauthorised third parties will not be able to defeat our security measures. You shall promptly notify Alesya de Monaco of any actual or suspected unauthorised third party access to your account by emailing email@example.com You shall cooperate with, and assist, us in any action or proceedings by us to prevent or otherwise deal with any unauthorised receipt, access or use of your account by any third party. We may suspend or stop providing our Services to you if you do not comply with our Terms or policies or if we are investigating suspected misconduct.
We reserve the right to exercise whatever means we deem necessary to prevent unauthorised access to our use of the Website, including but not limited to, instituting technological barriers, or reporting your conduct to any person or entity.
This license shall automatically terminate if user violates any of these restrictions and may be terminated by us at any time. Upon terminating user viewing of these materials or upon the termination of this license, user must destroy any downloaded materials in your possession whether in electronic or printed format.
Except as expressly provided in these Terms, Alesya de Monaco and its affiliates disclaim, to the maximum extent permitted by law, all warranties, representations, guarantees and conditions in respect of the Services & Products, whether express or implied.
We are not liable to you for any inability to access the Services & Products at any time, for any reason beyond our control (including but not limited to any planned or unplanned downtime, or any outages on networks (including mobile networks) or when you are not in an area supported by mobile coverage).
Travel to certain international destinations referred to on the Services & Products may carry more risk than others. By listing information related to such destinations, Alesya de Monaco does not represent or warrant that travelling to such destinations is safe, recommended or without risk, and is not liable to you for any loss that arises from travel to such destinations.
We are not liable for the actions or omissions of any third parties (including any third party to whom we may have introduced you).You should always check the suitability of any third party with whom you deal, including your agreement with their terms and conditions. Please see section 4 above for further details.
Please remember that members must remain responsible for their own dietary requirements at all times. If you have specific requirements that will need to be communicated to any restaurant or other service provider, please do so.
Some Content provided to members is done so via third parties and We are not liable for any inaccuracies or omissions contained therein.
LIMITATION OF LIABILITY
To the maximum extent permitted by applicable law, Alesya de Monaco and its subsidiaries, affiliates, officers, employees, agents, partners and licensors will not be liable for any:
- losses or damages to you which was not a reasonably foreseeable consequence of our breaching these Terms or otherwise failing to use reasonable skill and care in our provision of the Services & Products;
- loss or damages to you which was caused by the actions or omissions of any third party (including any third party to whom we may have introduced you);
- losses and damages to your property (including data and digital devices), unless such damage is caused by our failing to provide the Services & Products with reasonable skill and care. However, we will not be liable for damage which you could have avoided by following our advice to apply an update offered to you free of charge or for damage which was caused by you failing to correctly follow installation instructions or to have in place any minimum system requirements advised by us; or
- business losses, including: (i) loss of profits, sales or contracts; (ii) loss of income or revenue; (iii) loss of business opportunity or goodwill or reputation; or (iv) wasted management or office time.
We provide the Services & Products for private use. Any commercial use of the Services & Products by you requires our prior written consent andour liability for such commercial use falls outside of the scope of these Terms.
Nothing in these terms shall affect your statutory rights as a consumer or limit or exclude our liability for personal injury or death caused by our negligence or fraudulent misrepresentation or any other liability which cannot be excluded or limited under law.
The laws of some countries do not allow some or all of the limitations described above. If these laws apply to you, some or all of the above limitations may not apply to you and you might have additional rights.
We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control.
We are not liable for any indirect loss, consequential loss, loss of profits, revenue, data or goodwill howsoever arising suffered by the user arising in any way in connection with this agreement or for any of the user liabilities to any third party.
While we will make all reasonable attempts to exclude viruses from the Website, we cannot ensure such exclusion and we do not accept any liability for viruses. Thus, user is recommended to take all appropriate safeguards before downloading information or any material or content from the Website.
We shall not be liable for ensuring that the content on the Website is not Unacceptable Material and user shall, in making any financial or other decision, accept that you do so exclusively at your own risk.
We shall not be liable for any interruption to the service & products, whether intentional or otherwise.
We are not liable for any failure in respect of our obligations hereunder which result directly or indirectly from failure or interruption in software or services provided by third parties.
We are not responsible for the direct or indirect consequences arising out of user linking to any other website from the Website.
None of the clauses herein shall apply so as to restrict liability for death or personal injury resulting from the negligence on the part of the Company or its appointed agents.
No matter how many claims are made and whatever the basis of such claims, the Company’s maximum aggregate liability to you under or in connection with this Agreement in respect of any direct loss, whether such claim arises in contract or in tort shall not exceed a sum equal the value of any amount paid to the Company by the user in relation to which such claim arises.
We do not represent or warrant that the information accessible via the Website is accurate, complete or current. We have no liability whatsoever in respect of any use the user makes of such information.
No content in the Website has not been written to meet his/her individual requirements and it is the user sole responsibility to satisfy himself/ herself prior to entering into any transaction or decision that the content is suitable for its purposes.
All warranties, express or implied, statutory or otherwise are hereby excluded.
User agrees to indemnify, defend and hold harmless the Company and its Directors, officers, employees, agents and their successors from and against any loss (including reasonable legal costs and expenses) or liability incurred or suffered by the user or by us arising from any claim, demand, suit, action or proceeding by any person against the user where such loss or liability arose out of, in connection with or in respect of your conduct or breach of this Agreement.
User agrees to indemnify and hold us and our affiliates (and our officers, agents, partners and employees) against any and all loss, liability, claim or demand, including reasonable attorney’s fees, arising out of, or in connection with his/her use of and access to our Website or making Contributions not in accordance with the Terms.
The materials on our Website are provided on an “as is” and “as available” basis and we make no warranties, expressed or implied, and hereby disclaim and negate all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, we do not warrant or make any representation concerning the accuracy, likely results, or reliability of the use of the materials on the Website or otherwise relating to such materials or on any site linked to this Website.
Termination by Alesya de Monaco
We reserve the unconditional right to suspend, withdraw, terminate, amend or restrict access to some parts of the Services and Products, or to the Services & Products entirely, to you at any time immediately without notice for any reason, and without liability to from the company, including (without limitation) in circumstances where:
- we have reasonable grounds to suspect unauthorised or fraudulent use of the Services & Products;
- we reasonably suspect that you have not complied with these Terms (including not making any payment of Fees when they fall due);
- another member you have recommended to us is found to have committed a criminal offence or has otherwise used the Services & Products for any Unauthorised Purpose; or
- we reasonably suspect a breach of confidentiality or infringement of our intellectual property rights by you or a third party.
- Termination by you
Provided that you have fulfilled all your obligations herein mentioned and without any breach committed hereof, You may terminate the Services & Products immediately if:
- we have told you about an upcoming material change to the Services &Products or these Terms and you notify us in writing that you do not agree with such change prior to such change coming into effect;
- there is a risk that supply of the Services & Products may be significantly delayed because of events outside our control; or
- we have suspended supply of the Services & Products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 6 months;
On termination of these Terms (for whatever reason) all licenses and rights granted to you in relation to the Services & Products shall immediately come to an end.
If we terminate these Terms on any of the grounds listed above, you will not be entitled to future membership of the Services & Products and you may not benefit from the Services & Products in any way (including but not limited to by using our Services indirectly as a guest or beneficiary of another member). For the avoidance of doubt, the Company, at any rate, shall be liable and responsible to any rate.
INFORMATION CONTAINED ON THE WEBSITE AND USER RESPONSIBILITIES:
- Information about properties on the Website is based on materials and data provided by third party agents. We cannot be held responsible for inaccuracies or errors caused by incorrect information supplied to us by these third party agents.
- User is responsible for making enquiries on user own to verify the provided information; and we do not accept responsibility and/ or do we provide guarantee for the completeness, correctness, or accuracy of the provided information, in part or in full.
- Due to photographic and screen limitations associated with the representation of goods, the visual appearance of some of the properties may actually differ from the way they appear on the Website. The Company cannot be held responsible or liable (at any rate) for variation in actual appearance of the properties.
- Details are hosted by us in good faith but are produced directly by agents and/or third parties and have not been verified by us. User is responsible for making your own enquiries and we provide no guarantee and accept no responsibility for the accuracy or completeness of any information contained within the Details.
- User is responsible for ensuring that he/she is acting in good faith towards any other parties.
User understands that all Content, such as comments, messages, text, files, images, photos, video, sounds and other materials posted on, transmitted through or linked from the Website, the Website’s Instagram page, YouTube, Twitter feed, or forum or other like application or site that allows for the publication of user generated material (“Social Media”), is the sole responsibility of the person from whom such content originated.
User understands that the Company do not control and is not responsible for Content made available through the Website or Social Media unless it originates from the Company or the Website. Consequently, by using the Website or its Social Media pages user may be exposed to Content provided by third parties that is offensive, indecent, inaccurate, misleading or otherwise objectionable. User uses the Website at his/her own risk and to the extent permissible at law we do not accept liability in this regard.
As a user of the Website and a participant on the Social Media pages associated with the Website, user agrees that he/she is responsible for any content submitted, posted or made available through the Website via his/her account and he/she must not post (or allow) content to be posted through his/her account that:
- user do not have the right to post;
- is defamatory or in contempt of any legal or other proceedings;
- is misleading or deceptive;
- is offensive or discriminates against any group of persons being a group defined by reference to colour, race, sex, origin, nationality or ethnic or national origins;
- denounces religious or political beliefs;
- contains religious or political material;
- is indecent, obscene, vulgar, pornographic or offensive;
- infringes any copyright, trademark, patent or other intellectual property right of another person;
- contains any unsolicited or unauthorised advertising or promotional material;
- contains or links to viruses, malware, spyware or similar software; or
- impersonates any person or misrepresents your relationship with any person.
The company, at its sole discretion, reserves the right to pre-screen, refuse or remove any content from the Website or its Social Media pages without giving any reasons.
User understands and agrees that we may retain server and backup copies of any submitted content even if the user has altered, removed or deleted hi/her content from public display.
AVAILABILITY OF WEBSITE:
We strive to ensure that our Website and the services are available to the user at all times but cannot guarantee that either the Website or the services will operate continuously, without interruptions or be fault free. On occasion, necessary maintenance or upgrade work requires us to make the Website and the services unavailable without notice, but we aim to keep downtime to a minimum. We accept no liability for any interruption or loss of service. We reserve the absolute right to alter, suspend or discontinue any part of our Website or the services, including your access to it.
GOVERNING LAW AND JURISDICTION AND DISPUTES
The Dubai International Arbitration Center (DIAC) will have exclusive jurisdiction over any claim arising from, or related to, a visit to or your use of the Services. These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales. In case the matter will be brought to arbitration, the company has the sole right to nominate the arbitrator. The Parties agree that the matter shall be heard by one (1) arbitrator, and the DIAC rules on arbitration shall govern the process. The proceeding shall be heard in English language, and the seat shall be in Dubai.
If you are unhappy with our services in any way, please let us know as soon as possible by contacting us at firstname.lastname@example.org
These Terms are the entire and exclusive agreement between Alesya de Monaco and you regarding the Services (excluding any services for which you have a separate agreement with Alesya de Monaco that is explicitly in addition or in place of these Terms), and these Terms supersede and replace any prior agreements between Alesya de Monaco and you regarding the Services.
In the event of any conflict or inconsistency between these Terms and our Club Rules, these Terms shall prevail and take priority.
You acknowledge that you have not, in agreeing to these Terms, relied on any representation, warranty or undertaking not expressly incorporated in them.
The failure of, or delay by, Alesya de Monaco to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.
If any provision of these Terms is found by a proper authority to be unenforceable or invalid, such unenforceability or invalidity shall not render these Terms unenforceable or invalid as a whole and in such event, such provision shall be changed and interpreted so as to best accomplish the objectives of such unenforceable or invalid provision within the limits of applicable law or applicable court decisions.
The Services are licensed personally to you and you may not assign, license, sub-license or transfer any right or obligation of these Terms to any third party without our prior written consent.
We may transfer any of our rights or obligations under these Terms to any third party but if we do so we will ensure that any company to whom we transfer our rights or obligations will continue to honour your rights under them.
Nothing in these Terms shall be deemed to constitute a partnership between the parties nor constitute either party the agent or employee of the other for any purpose.
We may revise these Terms from time to time. The most current version will always be available via our Website. We will also notify you of any changes to these Terms via an e-mail to the email associated with your account. By continuing to access the Services after any such revisions become effective, you agree to be bound by the revised Terms.
Privacy is important to us, and we value that trust for letting your information shared with us. We are committed to protecting and safeguarding any personal data you give to us and we act in our customers’ interest and are transparent about the processing of your data.
This Privacy Statement applies to any kind of information we collect through these platforms or other means connected to these platforms. It also explains how we may process your information.
This Policy may be amended or updated from time to time, so please check it regularly for updates.
- WHAT INFORMATION WE MAY PROCESS?
On your accessing of the Platform, we may process the following categories of information about you, such as:
- Personal details: your username or log in details; e-mail id; contact number(s);
- Booking information: which includes information about your travel, bookings, co-passengers, travel preferences, etc.
- Demographic information: gender; age/date of birth; nationality;
- Location information: location data that describes the precise geographic location of your device (“Precise Location Data”);
- Purchase and payment details: records of travel services purchases and prices; invoice records; payment records; payment method; cardholder or accountholder name; payment amount; and payment date;
- the information that may be requested or gathered while you visit, access or use the Booking Platform; and
- We may also Process information about you from your use of our Services (e.g., the type of device you are using, I.P address, the internet service provider, etc)
We also collect other kinds of information from you or other sources, which we refer to as “Other Information” in this Policy, which may include but is not limited to:
- Information about your use of the Services, such as usage data and statistical information, which may be aggregated;
- Browsing history on the Booking Platform;
- Non-precise information about the approximate physical location (for example, at the city) of a user’s computer or device derived from the IP address of such computer or device (“GeoIP Data”);
- Device identification (“ID”), which is a distinctive number associated with a smartphone or similar handheld device, but is different than a hardware serial number.
- Internet Protocol (“IP”) address, which is a unique string of numbers automatically assigned to your device whenever you access the Internet.
- Internet connection means, such as internet service provider (“ISP”), mobile operator, WiFi connection, service set identifier (“SSID”), International Mobile Subscriber Identity (“IMSI”), and International Mobile Equipment Identity (“IMEI”).
- Device type, settings and software used;
- Log files, which may include IP addresses, browser type, ISP referring/exit pages, operating system;
- Web Beacons, which are electronic files that allow a website to count users who have visited that page or to access certain cookies;
- Pixel Tags, also known as clear GIFs, beacons, spotlight tags or web bugs, which are a method for passing information from the user’s computer to a third party website;
- Local Shared Objects, such as Flash cookies, and Local Storage, such as HTML5;
- Mobile analytics to understand the functionality of our mobile applications and software on your phone.
- SENSITIVE PERSONAL INFORMATION
We do not seek to collect or otherwise process your sensitive personal information. In case we are constrained to process your personal sensitive information, we will process the same to be extent reasonably and legally permissible. The Services & Products are not intended for use by any children below 18 years of age unless otherwise parental consent is provided.
- HOW WE COLLECT INFORMATION?
We may collect or obtain User Information about you either directly from you or in the course of our relationship with you. For example: when you make your Information public (e.g., if you make a public post about us on social media); when you download, install or use any of our Services; we may also receive User Information about you from third parties (e.g., our affiliate partners.); and we may also create User Information about you, such as records of your interactions with us. We are not responsible for Personal Information you volunteer about yourself in public areas of the Services. This Policy does not cover the practices of third parties who may provide information about you to us.
- PURPOSES FOR WHICH WE MAY PROCESS YOUR INFORMATION
We may Process User Information for following purposes: providing the Services to you; communicating with you; providing advertising to you on the Services and Channels; Lead generation; analyzing your travel interest; observing user engagement and booking travel activities across Services and Channels; conducting surveys; managing our IT systems i.e. identification and mitigation of fraudulent activity; compliance with applicable law; and improving our Services.
- DIRECT MARKETING
We may Process your User Information to contact you via email, telephone, SMS, or other methods of communication to provide you with information regarding our Services that may be of interest to you. We may send information to you regarding our Services, travel offers; upcoming promotions that may be of interest to you, using the contact details that you have provided to us, and always in compliance with applicable law.
- COOKIES, SIMILAR TECHNOLOGIES, AND ONLINE BEHAVIORAL ADVERTISING
- We may Process your User Information by placing or reading Cookies or similar technologies on the Services and Channels. Certain tracking technologies enable us to assign a unique identifier to you and relate information about your use of the Services to Other Information about you, including your User Information to learn more about your travel preferences. We and our partners also use these technologies to administer the Services; collect and store information such as user settings, anonymous browser identifiers; track user’s location; gather demographic information about our user base; visitor behavior, etc. We use this information to get a more accurate picture of customer travel interest.
- We use this information to get a more accurate picture of audience interests to provide updates we believe are more relevant to your interests. We store page views, clicks, and search terms used for ad personalization targeting separately from your Personal Information.
- WHAT INFORMATION WE DISCLOSE TO THIRD PARTIES
We may disclose your User Information to other entities within the Company group, for legitimate business purposes (including operating the Services and providing services to you), in accordance with applicable law. Also, we may disclose your User Information to:
- Any relevant Third Party Service Providers such as our Destinations, Hotel, Activity Service Provider/s who provide the end services;
- legal and regulatory authorities, upon request, or to report any actual or suspected breach of applicable law or regulation;
- outside professional advisors (such as accountants, auditors, or lawyers), subject to binding contractual obligations of confidentiality;
- third party Processors (such as analytic providers; data centers; etc.), located anywhere in the world;
- any relevant party, law enforcement agency or court, to the extent necessary for the establishment, exercise or defense of legal rights;
- any relevant party for prevention, investigation, detection or prosecution of criminal offenses or the execution of criminal penalties, including safeguarding against and the prevention of threats to public security;
- any relevant third party acquirer(s), if we sell or transfer all or any relevant portion of our business or assets (including in the event of a reorganization, dissolution or liquidation);
We may use third-party advertising service companies for online behavioral advertising (“OBA”) or otherwise, and perform related services when you use our Services. These third-party advertising companies employ cookies and other technologies to measure the effectiveness of the website, app, and to understand the booking behavior of the User. We also engage third party providers to assist with the segmentation of this data.
We may engage third party providers to assist with the collection, storage, and segmentation of Online Data, and the providers are required to maintain the confidentiality of this information. These third-party providers may collect User Information from our Services for their purposes, including but not limited to monitoring fraud around the web.
We may share your User Information with our partners such as your name, email, or other identifiers. Our partners may also: (i) collect information directly from your device, such as your IP address, device ID, advertising ID, and information about your browser or operating system; (ii) combine User Information about you received from us with information about you from other sites or services; and (iii) place or recognize a unique cookie on your browser.
- DATA SECURITY
We have implemented reasonable technical and organizational security measures to protect your User Information. Please ensure that any Personal Information that you send to us is sent securely. However, we cannot guarantee there will not be a breach, and we are not responsible for any breach of security or the actions of any third parties.
Because the internet is an open system, the transmission of information via the internet is not completely secure. Although we will implement reasonable measures to protect your information, we cannot guarantee the security of your data transmitted to us using the internet. Any such transmission is at your own risk and you are responsible for ensuring that any Personal Information that you send to us are sent securely.
- DATA RETENTION
We take every reasonable step to ensure that your User Information is only retained as long as they are needed.