Costa Coffee Club UAE App End User License Agreement
PLEASE READ CAREFULLY BEFORE DOWNLOADING THE APP
This end-user license agreement (the "EULA") is a legal agreement between you (the "End-user" or "you") and Emirates Leisure Retail LLC, a company incorporated in United Arab Emirates whose registered office is at Level 5, Emirates Holiday Building, Sheikh Zayed Road, 122199, Dubai, UAE ("ELR", "us" or "we") who is the franchise of Costa Coffee in the UAE, under which it is licensed to use of the Costa Coffee Club UAE Mobile Application Software (the "App").
1. APPLICABLE TERMS
1.1 The following terms apply to your use of the App and the Costa Coffee Club services
available through the App (the "Services"):
1.1.1 this EULA, which sets out the terms on which you may download and use the App and the Services (as further detailed in clause 3 below);
1.1.2 our membership terms and conditions, which set out the terms on which you may become a Costa Coffee Club UAE member (a "Member") and use the benefits provided by the Costa Coffee Club UAE (the "Membership Terms").
1.1.3 (i) the "Additional App Terms" set out in the Appendix to this EULA; and (ii) any terms and conditions imposed by the Appstore from which you have downloaded the App (together, the "Appstore Rules").
2.1 We may change the terms of this EULA from time to time and it is important that you
check this EULA for any changes that we make, as they are binding on you. The new terms may be displayed on-screen and you may be required to read and accept them to continue your use of the App and/or the Services.
2.2 From time to time updates to the App may be issued through the Appstore. Depending on the update, you may not be able to use the Services until you have downloaded the latest version of the App and accepted any new terms.
2.3 You will be assumed to have obtained permission from the owners of the mobile
telephone or handheld devices that are controlled, but not owned, by you (the "Devices") and to download a copy of the App onto the Devices. You and they may be charged by your and their service providers for internet access on the Devices. You accept responsibility in accordance with the terms of this EULA for the use of the App or the Services on or in relation to any Device, whether or not it is owned by you.
2.4 The App may contain links to other independent third-party websites ("Third-party Sites"). Third-party Sites are not under our control, and we are not responsible for and do not endorse their content. You will need to make your own independent judgement regarding your interaction with any Third-party Sites, including the purchase and use of any products or services accessible through them.
2.5 The App is made available free of charge. We do not guarantee that the App, or any
content on it, will always be available or be uninterrupted. Access to the App is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of the App without notice. We will not be liable to you if for any reason the App is unavailable at any time or for any period. We may update the App and/or change the content on it at any time.
2.6 You are responsible for making all arrangements necessary for you to have access to the App. You are also responsible for ensuring that all persons who access the App through your internet connection are aware of this EULA and that they comply with them.
2.7 The App and the content on it are provided for general information purposes only. They are not intended to amount to advice on which you should rely.
2.8 You may only use the App for your own domestic, private and non-commercial use.
The following Services are available through the App:
3.1 managing your Membership, including:
3.1.1 viewing your Costa Coffee Club UAE membership details;
3.1.2 changing your email and password;
3.2 managing and spending the points that you have accrued through your Membership ("Points"), including:
3.2.1 the ability to scan bar codes at checkout in certain Costa outlets in UAE in order to both collect and redeem Points; and
3.2.2 viewing your current Points balance and your Points history;
3.3 location services to find your nearest Costa outlet in UAE.
4.1 You must select a password as part of the registration process to become a Member (via the Website or the App). This password will be required in order for you to use the App. Your password is non-transferable.
4.2 We have the right to disable your password if you have failed to comply with any
of the provisions of this EULA.
4.3 If you know or suspect that anyone other than you knows your user identification name
or password, you must immediately notify us by calling us on Support@costacoffeeclubuae.ae.
4.4 You are responsible and liable for any use of your password.
5. GRANT AND SCOPE OF LICENCE
We grant you a non-transferable, non-exclusive Licence to use the App on the Devices conditional upon your compliance with the terms of this EULA and the documents referred to in it. We reserve all other rights.
6. LICENCE RESTRICTIONS
6.1 Except as expressly set out in this EULA or as permitted by any local law, you agree:
6.1.1 not to copy the App except where such copying is incidental to normal use of the App, or where it is necessary for the purpose of back-up or operational security;
6.1.2 not to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the App;
6.1.3 not to make alterations to, or modifications of, the whole or any part of the App, or permit the App or any part of it to be combined with, or become incorporated in, any other programs;
6.1.4 not to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the App or attempt to do any such thing except to the extent that such actions cannot be prohibited by applicable law;
6.1.5 to keep all copies of the App secure and to maintain accurate and up-to date records of the number and locations of all copies of the App;
6.1.6 not to provide or otherwise make available the App in whole or in part (including object and source code), in any form to any person without prior written consent from us; and
6.1.7 to comply with all technology control or export laws and regulations that apply to the technology used or supported by the App or the Services (the "Technology").
7. ACCEPTABLE USE RESTRICTIONS
7.1 You must:
7.1.1 not use the App or the Services in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this EULA, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the App, the Services or any operating system;
7.1.2 not infringe our intellectual property rights or those of any third party in relation to your use of the App or the Services (to the extent that such use is not licensed by this EULA);
7.1.3 not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App or the Services;
7.1.4 not use the App or the Services in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and
7.1.5 not collect or harvest any information or data from the App or the Services or our systems or attempt to decipher any transmissions to or from the servers running the App or the Services.
8. INTELLECTUAL PROPERTY RIGHTS
8.1 You acknowledge that all intellectual property rights in the App and the Technology
anywhere in the world belong to us or our licensors, that rights in the App are licensed (not sold) to you, and that you have no rights in, or to, the App or the Technology other than the right to use each of them in accordance with the terms of this EULA. You acknowledge that you have no right to have access to the App in source-code form.
8.2 Any communications or materials (including, without limitation, any User Generated Content (as defined in clause 9.1) you send to us through the App by electronic mail or other means will be treated as non-proprietary and non-confidential. We are free to publish, display, post, distribute and otherwise use any ideas, suggestions, concepts, designs, know-how and other information contained in such communications or material for any purpose, including, but not limited to, developing, manufacturing, advertising and marketing us and our products.
9. USER GENERATED CONTENT
9.1 If it is the case that you supply/upload any content to the App – whether it be pictures, text, sound recordings or whatever ("User Generated Content") – the content you supply must comply with the following rules:
9.1.1 it must not be obscene, abusive, offensive or racist and it must not promote or propose hatred or physical harm against anyone;
9.1.2 it must not harass or bully another person;
9.1.3 it must be true and honest so far as you know;
9.1.4 it must not be defamatory of anyone;
9.1.5 it must not use the material or content or infringe the rights or privacy of anyone else; for example, you should not use images of well-known characters, footage or music (unless it is your own);
9.1.6 it must not contain someone else’s personal details or confidential information relating to other people; and
9.1.7 it must not promote or condone terrorism, violence or illegal behaviour.
9.1.8 it must be, at all time, in compliance with the rules & regulations of UAE.
9.2 We reserve the right to refuse to accept or refuse or cease to use any content
supplied by any person that we think contravenes these rules.
9.3 In addition, we may from time to time provide interactive services on the App which shall enable you to upload or post comments, postings, contributions, designs, words, images or other material to the App ("Contributions"), including, without limitation:
9.3.1 comment facilities;
9.3.2 chat rooms; and/or
9.3.3 bulletin boards,
(together "Interactive Services").
9.4 Where we provide an Interactive Service, we will use reasonable endeavours to provide
information to you about the kind of service offered and if it is moderated. However, we are under no obligation to oversee, monitor or moderate any Interactive Service we provide.
9.5 The use of any of our Interactive Services by a minor is subject to the consent of their parent or guardian. We advise parents who permit their children to use an Interactive Service that it is important that they communicate with their children about their safety online. Minors who are using any Interactive Service should be made aware of the potential risks to them.
10. LIMITATION OF LIABILITY AND EVENTS OUTSIDE OUR CONTROL
10.1 Nothing in this EULA excludes or limits our liability for death or personal injury arising from our willful negligence, fraud, fraudulent misrepresentation, or any other liability that cannot be excluded or limited by the law.
10.2 We only supply the App to you for your domestic and private use. You agree not to use the App for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
10.3 Without affecting clauses 10.1 and 10.2, we are only responsible for loss or damage you suffer that is a foreseeable result of our willful negligence or breach of this EULA but we are not responsible for any unforeseeable loss or damage. Loss or damage is foreseeable if it is an obvious consequence of our willful breach or if they were contemplated by you and us at the time we and you entered into this EULA.
10.4 We will not be liable or responsible for any failure to perform, or delay in performance
of, any of our obligations under this EULA that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below.
10.5 An "Event Outside Our Control" means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, snow, flood, earthquake, subsidence, epidemic or other natural disaster, failure of public or private telecommunications networks, impossibility of the use of motor transport or other means of public or private transport, road traffic accidents, road closures or mechanical failure.
10.6 If an Event Outside Our Control takes place that affects the performance of the App:
10.6.1 we will contact you as soon as reasonably possible to notify you;
10.6.2 we shall not be liable to you as a result of any delay or failure by us to perform our obligations under this EULA as a result of an Event Outside Our Control; and
10.6.3 we shall use reasonable endeavors to minimize any disruption to the App.
11.1 Either you or we may terminate this EULA at any time for any reason.
11.2 If you breach any of the terms of this EULA, we may immediately do any or all of the
following (without limitation):
11.2.1 issue a warning to you;
11.2.2 temporarily or permanently remove any User Generated Content uploaded by you to the App;
11.2.3 temporarily or permanently withdraw your right to use the App;
11.2.4 suspend or terminate your Membership;
11.2.5 issue legal proceedings against you for reimbursement of all costs resulting from the breach (including, but not limited to, reasonable administrative and legal costs);
11.2.6 take further legal action against you; and/or
11.2.7 disclose such information to law enforcement authorities as we reasonably feel is necessary to do so.
11.3 If we withdraw your right to use the App, then:
11.3.1 all rights granted to you under this EULA shall cease;
11.3.2 you must immediately cease all activities authorised by this EULA, including your use of any services provided through the App; and
11.3.3 you must immediately delete or remove the App from all Devices, and immediately destroy all copies of the App then in your possession, custody or control and certify to use that you have done so.
12. COMMUNICATION BETWEEN US
12.1 If you wish to contact us via email, or if any condition in this EULA requires you to
give us notice via email, you can send this to us at Support@costacoffeeclubuae.ae
12.2 We will confirm receipt of this by contacting you by e-mail.
12.3 If we have to contact you or give you notice we will do so by e-mail.
13. OTHER IMPORTANT TERMS
13.1 We may transfer our rights and obligations under this EULA to another organisation, but this will not affect your rights or our obligations under this EULA.
13.2 You may only transfer your rights or obligations under this EULA to another person
if we agree in writing.
13.3 If we fail to insist that you perform any of your obligations under this EULA, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
13.4 Each of the conditions of this EULA operates separately. If any court or competent
authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.
13.5 Any dispute or claim arising out of or in connection with this EULA or its subject matter or formation (including noncontractual disputes or claims) will be governed by the Laws of the United Arab Emirates.
Additional App Terms
The following terms and conditions shall apply to your use of the App in addition to those set out in the EULA.
For the purpose of this Appendix, "Appstore Provider" means the provider of the app store through which you have downloaded the App (for example, Apple is the Appstore Provider if you have downloaded the App from the Apple App Store, Google is the Appstore Provider if you have downloaded the App from Google Play, etc).
1. You acknowledge and agree that this EULA has been concluded between you and ELR, and not with the Appstore Provider. You acknowledge and agree that the Appstore Provider is not responsible for the App and its content.
2. You acknowledge and agree that the Appstore Provider has no obligation to provide any maintenance or support in respect of the App. Should you have any problems in using the App, please contact ELR at Support@costacoffeeclubuae.ae.
3. In the event that the App does not conform with any product warranty provided for by this EULA, the Appstore Provider may provide you with a refund of the price that you paid to purchase the App (if any). The Appstore Provider shall, to the maximum extent permitted by law, have no obligation to you whatsoever with respect to the App.
4. You acknowledge and agree that the Appstore Provider shall not be responsible for
addressing any claims that you might have relating to the App, including (without limitation): product liability claims; any claim that the App fails to conform to any applicable legal or regulatory requirement; and claims arising under consumer protection or similar legislation.
5. In the event that a third party claims that the App infringes its intellectual property rights, ELR (and not the Appstore Provider) shall be solely responsible for the investigation, defence, settlement and discharge of such claim.
6. You warrant and represent that: (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
7. If the Appstore Provider is Apple, you acknowledge and agree that Apple and its subsidiaries are third party beneficiaries to this EULA. Upon your acceptance of this EULA, Apple will have the right to enforce the EULA against you as a third party beneficiary.