Last updated 07-October 2022
Welcome to Privilee
These Terms and Conditions (“Terms”) are a contract between you and Privilee DMCC (“Privilee” and later referred to as “us” or “we”), and govern your access to and use of any Privilee website (“Website”), the Privilee App (“App”), or the Privilee plan, Privilee Pass, or Privilee membership (“Membership”) including any products, activities, experiences, events or services made available through the Membership (collectively, “Services”). Please read these Terms carefully.
1. Acceptance of Terms
- By installing, accessing and/or using our App, Website or Services, you agree to these Terms. If you do not agree with these Terms, you must stop using the App, Website and Services.
- These Terms constitute the entire agreement between you and Privilee concerning the App, Website and Services, and supersedes all previous discussions, negotiations and agreements.
- Separately and in addition to these Terms, when using our Services, you agree to be bound by the terms and conditions imposed by our Partners, as such terms and conditions can be made available by the relevant partner at any time. In the event of any conflict between such additional terms and these Terms, these Terms shall control.
- We may revise these Terms from time to time in order to accommodate new features, services and functionalities of the App, Website and Services as well as to reflect changes in applicable laws. Such revised terms will apply from the date of publication. We advise that you visit this page on a regular basis to review these Terms. If you continue to use the App, Website or Services after these Terms have been updated, you will be deemed to have accepted the revised Terms. If you do not agree with the revised Terms, you must stop using the App, Website and Services.
- The rights and duties granted or imposed under these Terms operate to the extent not excluded by law (for example these Terms do not limit any consumer warranties that may not be excluded by contract). Nothing in these Terms will prevent us from complying with the laws of the United Arab Emirates.
- If a provision of these Terms is void, unenforceable or illegal, it is severed from these Terms, and the remainder of these Terms has full force and effect.
- You may not assign any of your rights, or novate your obligations under these Terms without our prior written consent. We may assign any of our rights or obligations to any other entity or person and transfer your information in connection with a sale, merger, acquisition, restructure or otherwise to any of our related entities or successor entities.
- Failure by Privilee to exercise, or a delay in exercising, a right or power does not prevent its exercise.
- A provision of, or a right created under these Terms in Privilee’s favour may not be waived except where executed in writing by Privilee.
2. Availability of the App, the Website, Services and Disclaimers
- The App, the Website and Services are provided by Privilee on an “as is” and “as available” basis and your use of the App, the Website and Services are at your own risk.
- We do not warrant that the App, the Website or the Services will be suitability for any purpose, compatible, safe, secure, available, uninterrupted or free from errors or defects or that any information or Content provided by us is complete, accurate or of a certain quality. Privilee is under no obligation to update information on the Website or in the App.
- We reserve the right to modify, terminate or otherwise amend our offered Services at any time in our discretion.
- Except as otherwise expressly agreed by Privilee in writing, information regarding our Services is subject to change without notice.
- Information about our Services made available on and/or through the Website and App shall not constitute a representation, warranty or other commitment by Privilee with respect to any product or service unless otherwise expressly agreed to by Privilee in writing.
- To the fullest extent permitted by law, we disclaim any and all warranties of any kind (whether expressed or implied), including the implied warranty of merchantability, fitness for a particular purpose, title, non-infringement and freedom from defects, errors, viruses or other destructive code on the Website and in the App. Whilst we use reasonable endeavours to ensure that the Website and the App is secure and free of errors, viruses and other malware, we give no warranty or guarantee in that regard and you must take responsibility for your own security, that of their personal details and their electronic devices.
- We accept no liability for any disruption or non-availability of the Website, the App or Services.
- We reserve the right to alter, suspend or discontinue any part (or the whole of) the Website, the App and Services. These Terms shall continue to apply to any modified version of the Website, the App and the Services unless it is expressly stated otherwise.
- In case of Force Majeure due to e.g. labour disputes, strikes, inability to obtain labour or materials, fire or other action of the elements, accidents, power or telecommunications failure, customs delays, governmental restrictions or appropriation or other causes beyond the control of a party, such that Privilee is unable to perform in whole or in part its obligations set forth in these Terms, then Privilee shall be relieved of those obligations to the extent it is unable to perform them and such inability to perform shall not make Privilee liable to any other party.
- You hereby acknowledge and accept that your Membership does not guarantee access to any individual Services or the Services at any given time or day. Access to the Services operates on a first come first served basis and, if an individual Service is fully utilised by other Members, no additional Members will be provided that Service until Members using that Service have stopped doing so.
3. Use of the Website, the App and Services
- To use our Website, App and Services you are required to have access to the Internet and are required to download the App. You are solely responsible for providing your own access (e.g. computer, mobile device, Internet connection, etc.) to the Website and App.
- In order to authenticate your use of the Website, App and Services, we (or our third-party providers) may need to send you codes via text messages, emails or phone calls. You consent to receiving such communications from us.
- By creating an Account, you agree that Privilee may contact you via email, mail, phone or text messages at any of the addresses or phone numbers provided by you, or via the App. Communication may include, but is not limited to marketing purposes, updates to Memberships, updates to App features, important Member or company updates etc. .
- You may opt out of marketing communication via the provided unsubscribe link or by contacting us at any time.
4. Privilee membership
- The Membership gives you access to a wide range of facilities, activities and outlets operated by third parties (collectively “Venues”). Privilee does not own, operate or control any of the Services that are offered at or through such Venues.
- Some Partner Venues may require a minimum spend and/or entry fee in order to access their Venues with your Membership.
- You can sign up for different types of Memberships of various subscription plans, non-subscription plans, corporate plans and promotional plans. These options may consist of different products, activities, experiences, or services and may be subject to additional and differing conditions, prices, policies and limitations.
- Only adults of age 18 or above holding their own Membership can access the fitness facilities in any of the Venues.
- A Membership is valid for the duration you sign up for, unless earlier terminated or suspended by Privilee or by request of you or as otherwise permitted under these Terms.
- When you sign up for a subscription plan you agree to automatically renew your Membership on the same terms as you initially signed up to unless you terminate your Membership, it is otherwise terminated or you opt out of auto-renewal before the renewal date.
- Terms for Signing up, Auto Renewing, Transferring and Terminating of Memberships on a corporate plan are governed by the terms defined in the agreement between the corporate and Privilee (“Corporate Membership Agreement”) and the terms in the Corporate Membership Agreement will thus supersede the terms covering Auto Renewal, Transfer, Termination of Memberships, Fees, Billing and Payment in these Terms.
4.1 Access for Children
- Some Membership plans allow you to register your children under the age of 18 to your Privilee account, either free of charge or at an additional fee, and to bring the registered children to selected Venues
- Membership plans that allow you to bring your Children gives complimentary access to selected Venues for a maximum of up to three children per family, depending on the child access policy of the Venues. The child policy varies by Venue and some Venues may require payment for the third child. For families with more than three children, day passes are available to purchase at select Venues.
- The membership holder must accompany their children at all times when visiting Venues with their children.
- Children are not allowed to access any of the fitness facilities (Fitness centres, studios and/or gym facilities) at hotels and beach clubs under your Membership. The fitness facilities can only be used by the Membership holder.
4.2 Signing up for a Membership
- In order to purchase a Membership and sign up to become a Privilee member (“Member”) you are required to sign up via the App or Website and provide all required information.
- You agree that the information you provide at sign up or at any time throughout the period of your Membership is truthful, accurate, current and complete information about yourself, Guests and/or your children.
- You must provide a real and valid email and mobile phone number that belongs to you to signup for a Membership
- If you want to bring your own children to selected Venues you need to choose an eligible Membership and you are required to register your childrens details under your account. We reserve the right to require you to provide documentation to verify that the children registered in the App are under your legal guardianship.
- You are only allowed to bring the children that are registered on your profile in the App and these cannot be changed throughout the course of the Membership.
- If you change your mobile phone number, email and/or address, you must update your information via the App or Website.
- At sign up you are required to create a password to your Privilee account. You are solely responsible for all activity that occurs under your account, including any activity by unauthorised users.
- Your Membership will commence from the date of receipt of your completed sign up or re-activation of a pre-existing Membership and received payment of the Membership Fee.
4.3 Using your Membership
- You are required to add a clear profile photo of your face (sunglasses, hats etc. and any other face clothing covering your face is not allowed) to your account via the app to use your Membership.
- To access our partner Venues with your Membership, you are required to present your Digital Membership Card and check in using the system to register visits by Members (Privilee Registration System) upon arrival to our partner Venues. When you leave, you are required to check out via the App or via the Privilee Registration System.
- If you are bringing your children to a Venue we may require you to check them in via the Privilee Registration System upon arrival to the Venue. When you leave a Venue, we may require you to check out your children via the App or via the Privilee Registration System.
- We reserve the right to charge a fee if you do not check in upon arrival to a Venue prior to using our Services and/or if you do not check out when you leave a Venue.
- To redeem discounts at our Venues, you are required to show your Digital Membership Card and have the discount validated by the Venue staff either manually or via the App.
- When using our Services you shall at all times behave with decorum and in a manner appropriate to the settings of our Services, in addition to following the venue's stated rules and regulations.
- If you want to enter a Partner Venue that requires a minimum spend and/or entry fee, you are required to pay this to access with your Membership.
- If you have held a membership directly with a Venue that can be accessed with Privilee, Privilee has the right to refuse entry to that Venue for a time limited period from the date your membership ended with the venue.
4.4 Transferring of your Membership
- Any Member (“Transferor”) who has signed up to a Membership with a 12 months prepaid subscription plan (“Annual Prepaid Membership”) are entitled to transfer their Membership to any third party individual (“Transferee”) at any time within the first 12 months by sending an email to firstname.lastname@example.org with all required information to sign up to become a Member.
- To transfer such Membership the Transferor is required to pay a fee corresponding to one months Membership fee.
- Upon receipt by Privilee of the email from the Transferor, Privilee will within five days create an account for the Transferee.
- The transferors Membership will be terminated the day that the Transferees Membership will Commence.
- The Transferees Membership will expire on the date on which the Transferor's Membership was due to expire.
4.5 Terminating your Membership
- Members with a Membership with a subscription plan with monthly payments can terminate the Membership at any time by sending a request to email@example.com.
- Termination of the Membership will be effective from the date of receipt of your written termination.
- No refunds will be given in respect of the Membership Fee, following termination of your Membership.
- To terminate a Monthly Membership within your commitment period you are required to pay an early-termination fee corresponding to two months Membership Fee.
i) Exceptions to the early-termination fee will only be considered in the event of unforeseen relocation outside of the country, due to job loss.
ii) Requests for early-termination fee waiver will be handled on a case by case basis. To be considered, please write to our customer service team by sending an email to firstname.lastname@example.org with supporting documentation.
iii) Accepted supporting documents include; redundancy notice from your employer with a company stamp and confirmed relocation travel plans.
- Privilee reserves the right to terminate your Membership, immediately and without notice if you
i) fail to pay the Membership Fee prior to use of the Services or such payment is in any way rendered void following payment; or
ii) are otherwise in breach of any obligation in these Terms
- If you terminate your subscription or it is terminated by Privilee for any reason, we reserve the right to terminate your access to our Services, the App and all other features and products available through the Membership
- Pausing your Membership will only be considered in the event of health issues that prevent you from using your membership.
i) Membership pause will be temporary, and for a defined period of time.
ii) Each request will be handled on a case by case basis. To be considered, please write to our customer service team by sending an email to email@example.com with supporting documentation.
iii) Accepted supporting documents include official medical reports.
4.6 Guest pass
- Some Memberships may offer you the option to purchase guest passes for use by your guest(s) (“Guest(s)”).
- Guest passes are only valid on weekdays and hence are not valid on weekends and public holidays.
- Guests are required to provide the details required to sign up for a Membership.
- All obligations in these Terms apply to Guests.
- You are liable for the actions of your Guests, when they use our Services in accordance with these Terms.
- You are responsible for bringing these Terms to the attention of your Guest(s) prior to use of our Services.
- By signing up a Guest you agree that they have acknowledged to adhere in full to these Terms.
- In addition to the liability of you for the actions of your Guest(s) whilst using our Services your Guest(s) are personally liable for their actions in accordance with these Terms.
4.7 Promotions and Offers
- By participating in promotions, you agree to be bound by these Terms and any promotional specific terms and conditions.
- We reserve the right to terminate, extend, unpublish and/or remove any promotion at any time without prior notice.
- We cannot be held responsible for the prices, products and/or services offered to you by third-parties through the promotions.
4.8 Fees, Billing and Payment
- Fees for prepaid non-subscription and subscription plans must be paid in full upfront.
- Fees for subscription plans must be paid in monthly instalments.
- Fees for instalment plans must be paid in monthly instalments until full payment is covered.
- The Membership fee must be paid at sign up or renewal and in advance of using our Services.
- Fee(s) are payable in Arab Emirate Dirham (“AED”) and may be paid by debit or credit card.
- Corporate Memberships may be paid via bank transfer according to separate agreement between the company and Privilee.
- The credit card used for the initial payment of your Membership will be kept on file with our chosen payment processor for the duration of your Membership.
- If payment from your default credit card declines, any previous registered cards may be used to make payment.
- The owner of the credit card will be liable for any additional fees or charges applicable for the duration of the Membership.
- The description of any Membership, including the Membership fee, purchased hereunder will be confirmed in Privilee's dispatch note and/or invoice at point of payment.
- You may edit your payment details via your Privilee App or by contacting Privilee.
- We reserve the right to adjust pricing at any time, including introducing an initial joining and/or re-activation fee. Unless otherwise stated, adjustment to pricing of your subscription occurs on your next billing cycle upon notice communicated to you via the Website, App, email, WhatsApp message, phone, mail or other means. If you do not terminate your subscription, you agree to the adjusted fees.
- Even if you do not use your membership, you will be responsible for the Membership fees until you terminate your Membership, or it is otherwise terminated.
- Any increase in VAT, other sales or indirect taxes which may be due or introduced as a result of changes to Federal Law that are payable on payments under these Terms, Privilee reserves the right to collect these taxes from the Member.
- If we cannot charge your selected payment method for any reason (such as expiration or insufficient funds)
i) We will suspend your access to any of our Services until you have settled all outstanding amounts.
ii) You remain responsible for any uncollected amounts, and we will attempt to charge your credit card or any other payment method you have provided again as you may update your payment method information, including in the event you attempt to sign up for a new account or reactivate.
iii) We will contact you in writing stating the value of the outstanding debt and reserving the right to proceed to court action.
iv) If the debt remains unpaid after contact in writing, we will proceed with a formal debt collection action and a further payment demand will be issued. Privilee reserve the right to file our payment demand before the Payment Order Judge.
- We reserve the right to charge you a late payment fee for any delayed payments.
5. Prohibited conduct
As a Member, in addition to restrictions found elsewhere in these Terms, you agree not to:
- Harass or threaten members, staff of Privilee or Venues, or otherwise create or contribute to an unsafe, harassing, threatening or disruptive environment;
- Act in a deceptive or fraudulent manner by, including but not limited to, impersonating another person or sharing your Privilee Membership with another person or signing up for more than one account;
- Disrupt the enjoyment of other visitors of the Venues;
- Permit anyone to use any of our Services or access Venues under your own Membership, including other Members;
- Refrain from adding a clear photo of your face to your account (sunglasses, hats etc. and any other face clothing covering your face is not allowed);
- Bring guests into Venues without paying the applicable Privilee guest entrance fee, or without the knowledge of our partners;
- Discuss or engage in religion or politics, causing arguments or physical fights at a property, venue, or partner as a Member;
- Remove, misplace, or take property from Venues, such as towels, robes, or fitness equipment;
- Engage in any activity that conflicts or doesn't adhere with the Venue or Privilee’s specified rules and regulations, including but not limited to dress codes, access restrictions etc;
- Leave Venues without settling any bills, tabs or allocated credit required from you prior to departure;
- Arriving and accessing Venues in other means via the designated entry and check in point;
- Behave in any way which brings the Privilee name and brand into disrepute;
- Remove, damage or otherwise interfere with security-related features of the Website or App, any features that prevent or restrict use or copying of any Content accessible through the Website or App;
- Make unsolicited offers, advertisements, proposals, or send junk mail or “spam” to other members or partner venues;
- Use the Website or App in connection with any purpose that is unlawful or prohibited by these Terms.
6. Unauthorised or unlawful use
- You shall not, under any circumstances, copy or seek to copy the App, the Digital Membership Card, the Website, obtain any of the Services by fraudulent means or assist others to copy the App, the Digital Membership Card, the Website or obtain the Services by fraudulent means.
- You are expressly forbidden to download, store, reproduce, transmit, display (including without limitation via an intranet or extranet site), copy, sell, publish, distribute, provide access to Content in the App or on the Website for any purposes other than as set out herein or to sub-licence, rent, lease, transfer or assign any rights in Content in the App or on the Website, to any other person, commercially exploit or use Content in the App or on the Website for any unlawful purpose.
- You must not use the App or the Website such that it harms Privilee, other Members or the Public. For example, you must not use the App (or assist others to use the App):
i) to decompile, reverse engineer, disassemble, or extract code from or reduce the code used in any software on the App into a readable form so as to copy or create other products based (in whole or in part) on such software;
ii) in a manner that infringes the intellectual property rights of Privilee or others (including by copying, reproducing, republishing, uploading, posting or transmitting any Content without authorization);
iii) to distribute viruses, malware or disabling code via or onto the Website or the App or engage in other activity which may affect the operation or use of the App, the Website or Services by any other person;
iv) to create accounts via automated means;
v) in a manner that disrupts or interferes with the performance of the App;
vi) to compromise the security of the App or the Website or tamper with system resources and/or accounts;
vii) to sell, rent or commercially exploit the App, the Website or Services in any way; or
viii) You must not create a new account if we suspend or terminate your Membership and/or access to the App due to your breach of these Terms.
- Privilee may disclose your identity to law enforcement authorities where required by applicable laws.
8. Third party content
- The Website and the App makes available certain Content that has not been created by Privilee either via hyperlinks which may take you to websites not controlled or maintained by Us, or as hosted via the Website whether or not such Content is available free of charge to everyone, to Members only or for a fee ("Third Party Content").
- Any copying, distribution, reproduction, retransmission, or modification of any of the Third Party Content or any information or materials appearing in such Third Party Content, whether in electronic or hard copy form, is subject to the prior written permission of the author and publisher of such Third Party Content.
- Third Party Content is not our responsibility, and you acknowledge and confirm that we have no control over the opinions, information, legality of products, or accuracy of facts or statements contained in such Third Party Content and furthermore we cannot guarantee and makes no representation or warranty as to the accuracy, veracity, or completeness of any such information including but not limited to information relating to our Services. Nothing contained within Third Party Content necessarily represents our point of view.
9. Ownership and Content Rights
- The Website and the App are owned and operated by Privilee. Any content, text, information, graphics, visual interfaces, design, images, audio, video, software, data compilations, page layout, underlying code and software and all other material, elements and data (“Content”) available through the Website and the App provided by Privilee are protected by intellectual property rights.
- We, our affiliates, licensees or other relevant third parties own all intellectual property rights (including domains, logos, copyrights, trademarks) associated with the Website, the App and the Services. You may only use our intellectual property rights subject to, and in accordance with these Terms (including the license in subclause (b) below).
- Privilee hereby grants you a non-exclusive licence for the duration of your Membership or in the case of if you are not a Member, until Privilee may choose to revoke such licence, to download, store, use, reproduce, transmit, display, copy and provide access to Content in the App and on the Website in accordance with these Terms and at all times only for your own information purposes and for the avoidance of doubt, not for any commercial or business purposes.
- The names, images and logos identifying Privilee or third parties, including our partners, and their products and services are subject to copyright, design rights and trademarks of Privilee and/or the relevant third parties. Nothing contained in these Terms shall be construed as conferring any licence or right to use any trade mark, design right, name or copyright of Privilee or any other third party.
- Without prejudice to any rights granted herein, Privilee reserves the right to amend, edit or abbreviate or take down any content in the App or on the Website at our discretion.
10. Limitation of Liability
- Privilee will not be liable to you in respect to any injuries, damages and/or losses arising out of events beyond Privilee's reasonable control.
- As a result of the use by you of our Website, App and/or Services Privilee accepts no liability for any of the following:
i) any business losses, such as loss of profits, income, revenue, anticipated savings, business, contracts, goodwill or commercial opportunities;
ii) loss or corruption of any data, database or software;
iii) any special, indirect or consequential loss or damage to real or tangible personal property;
iv) losses suffered by third parties,
v) bodily injury or death of any person
11. Governing Law and Jurisdiction
- These Terms, any non-contractual obligations arising out of or in connection with them and the arbitration agreement set forth in this Clause, are governed by and construed in accordance with DIFC law.
- Any dispute (including non-contractual obligations) arising out of or in connection with these Terms including, without limitation, any dispute regarding the existence, formation, performance, interpretation, nullification, termination or invalidation of these Terms, shall be referred to and finally resolved by arbitration in accordance with the Arbitration Rules of the DIFC-LCIA from time to time in force (the "Rules"), which Rules are deemed to be incorporated by reference into this Clause. For the purposes of any arbitration proceedings commenced pursuant to this Clause:
i) the arbitration shall be conducted by a sole arbitrator to be agreed between you and Privilee or, in default of agreement, appointed by the President of the DIFC-LCIA Arbitration Centre or any person to whom the said President has from time to time delegated his power to make such appointments;
- Article 6 of the Rules shall not apply and accordingly, the appointed sole arbitrator may be of the same nationality as you or a representative of Privilee;
i) the seat (or legal place) of arbitration shall be the DIFC in the UAE;
ii) the place at which the arbitration takes place shall be Dubai, UAE and
iii) the language to be used in the arbitral proceedings shall be English.
- You and Privilee:
i) will submit to the jurisdiction of any court of the DIFC for the ratification of any award made pursuant to this Clause;
ii) will not challenge any arbitral award made pursuant to arbitration proceedings conducted in accordance with this Clause; and
iii) will not object to or challenge any application to enforce any arbitral award made pursuant to arbitration proceedings conducted in accordance with this Clause in any court and it will submit to the jurisdiction of that court for the purposes of those enforcement proceedings.
The App, the Website and the Services are provided by Privilee. Privilee is registered in DMCC, Dubai United Arab Emirates with commercial registration number 094989 and with registered office at JBC 5, Office 2209, Jumeirah Lake Towers, Dubai, UAE. Should you wish to contact us, please send an email to firstname.lastname@example.org.