GEMS Rewards Programme Terms and Conditions

  1. Definitions

    1. "DIFC" means the Dubai International Financial Centre.( Based on Gems Rewards incorporation)
    2. "Relevant Emirate" means the Emirate of the United Arab Emirates in which the merchants or branch of the merchant is located or the Gems reward’s customer is located
    3. Terms and Conditions has the meaning set out in Clause 2.1.
    4. "GEMS Rewards Earning and Redeeming Table" has the meaning set out in Schedule A.
    5. "GEMS Records" means all GEMS’s customer account information, data and other records relating to its GEMS Rewards members in electronic or physical form.
    6. "GEMS Rewards" means the rewards programme established by GEMS and subject to these Terms and Conditions.
    7. "GEMS Rewards Account" means the account reflecting all transactions relating to GEMS Rewards for a particular GEMS Rewards member in GEMS’s records, including earned GEMS Rewards Points, adjusted GEMS Rewards Points, bonus GEMS Rewards Points, redeemed GEMS Rewards Points and expired GEMS Rewards Points.
    8. "GEMS Rewards Member" means, in relation to each GEMS Rewards Relationship, the customer or proposed customer and, where there is more than one person comprising the customer, the first named signatory ( parent or employee) holding such relationship.
    9. "GEMS Rewards Booking Policy" means the booking policy to redeem GEMS Rewards Points as published from time to time on the GEMS Rewards Website.
    10. "GEMS Rewards Points" has the meaning set out in Clause 4.1.3.
    11. "GEMS Rewards Rate" means the financial value expressed as a percentage as calculated by dividing the number of GEMS Rewards Points earned in respect of each one hundred (100) Dirhams of value credited to a GEMS Rewards Relationship or GEMS Rewards Transaction.
    12. "GEMS Rewards Relationship" means one or more of the GEMS products and services listed in Schedule A and Schedule B each of which is eligible for inclusion in GEMS Rewards and with such further conditions and as more particularly described on the GEMS Rewards Website.
    13. "GEMS Rewards Statement" has the meaning set out in Clause 5.1.
    14. "GEMS Rewards Transaction" has the meaning set out in Clause 4.1.2.
    15. "GEMS Rewards Website" means the GEMS website at www.GEMSrewards.ae, which is managed and operated on behalf of GEMS by Vernost Marketing Technologies DWC LLC or such other manager and operator as GEMS may appoint from time to time.
  2. Binding effect

    1. The terms and conditions set out in this document ("Terms and Conditions") are applicable to GEMS Rewards and, by becoming a GEMS Rewards member, the GEMS Rewards member agrees to be bound by the Terms and Conditions, as the same may be amended, supplemented, updated, replaced or otherwise varied by GEMS from time to time and the GEMS Rewards member represents and warrants that you are aged at least 18 years and above and if offers are redeemed at merchant outlets offering alcohol, the member warrants that you are non muslim and over the age of 21
    2. All determinations of opinion or fact to be made by GEMS under these Terms and Conditions shall be made by GEMS, at its absolute discretion and, in the case of facts, on the basis of GEMS Records, and each such determination shall be final, conclusive and binding on the GEMS Rewards member, save in the absence of manifest error made known to GEMS by the GEMS Rewards member in accordance with the time limit set out in Clause 5.2.
    3. GEMS reserves the right, at any time, at its absolute discretion, without notice and without liability whatsoever on its part, to supplement, amend, replace, delete or otherwise vary any of the Terms and Conditions, including the Schedules, as well as the terms and conditions of any other policy referred to in the Terms and Conditions, and to change, vary, modify, terminate or cancel GEMS Rewards or any of its benefits or features, or otherwise do any other act with respect to the whole or any part of GEMS Rewards, or to withdraw or change the membership criteria and/or to limit or change the value / validity of GEMS Rewards and/or the manner of redemption on, GEMS Rewards. By becoming a GEMS Rewards member, GEMS Rewards Accountholder acknowledges and accepts that the above acts may diminish the redemption value of GEMS Rewards Points already earned and agrees that he/she shall not be entitled to claim compensation for any such loss in value.
    4. By becoming a GEMS Rewards member, the GEMS Rewards member acknowledges and agrees:
      1. that the Terms and Conditions, as well as other information regarding GEMS Rewards, are published and may be accessed online at www.GEMSrewards.ae; and
      2. to keep updated with the most up-to-date and current version.
    5. In addition to these Terms and Conditions, each GEMS Rewards member continues to be subject to the General Terms and Conditions of GEMS Schools terms and conditions and to the relevant Gems Rewards Program product for earning and redeeming Gems Rewards points.
    6. To the extent that there is any conflict between the general terms and conditions contained in this document, excluding those documents incorporated by reference into this document, and any other specific additional terms and conditions relating to GEMS Rewards:
      1. the specific additional terms and conditions shall prevail over the general terms and conditions; and
      2. the terms and conditions incorporated by reference into this document (e.g. the GEMS Rewards Earning Table) shall prevail over this document.
  3. Membership

    1. Membership of GEMS Rewards is automatic for each GEMS Education parent, employee or friends and family of the parent or employee, nominated by the parent or employee and who is in good standing and otherwise not in breach of any terms and conditions relating to such GEMS Rewards Relationship as determined by GEMS.
    2. Membership of GEMS Rewards is offered at no additional cost, however GEMS has the right to charge an annual membership fee at any given point of time by giving a notice period of 60 days to its members.
    3. Membership of GEMS Rewards is also subject to the qualifications and conditions (including annual GEMS Rewards Points accrual limits, if any) as determined by GEMS. GEMS reserve the right, at any time and without notice, to impose a validity period on membership, as well as to extend or reduce the same.
    4. Membership of GEMS Rewards is non-transferable.
    5. In the case of joint or multiple holders of a GEMS Rewards Relationship i.e. family and friends recommended by the GEMS Rewards member can redeem and earn GEMS Rewards. However, the redemption of GEMS Rewards Points shall only be available to the primary (i.e. Parent or Employee) Each GEMS Rewards member is identified by the parent ID or employee ID as established by GEMS Records.
    6. In the event that a parent or employee is removed from the relevant GEMS Rewards membership, then all family and friends referred to and are members of the GEMS Rewards Program will no longer be eligible to participate in GEMS Rewards Program.
    7. GEMS reserves the right, at any time, at its absolute discretion, without notice and without liability whatsoever on its part, to withdraw or discontinue any one or more of the GEMS Rewards Relationships or GEMS Rewards Transactions and terminate membership on GEMS Rewards and revoke any accrued GEMS Rewards Points.
    8. GEMS reserves the right, at any time, at its absolute discretion, without notice and without liability whatsoever on its part, to block access to the GEMS Rewards Account in case of unsatisfactory conduct of GEMS Reward member.
    9. Upon termination of membership, all GEMS Rewards Points accrued in the GEMS Rewards Account shall be immediately forfeited and cancelled by GEMS. GEMS will also delete the terminated GEMS Rewards member Account on the GEMS Rewards mobile application.
  4. GEMS Points

    1. GEMS shall determine, from time to time, at its absolute discretion:
      1. which GEMS Rewards Relationships (including, without limitation, referral program points, airline ticket booking, hotel booking, gift card purchases or other points earning propositions) (each a “GEMS Rewards Transaction”) are eligible for inclusion in GEMS Points earn proposition.
      2. how many GEMS Points ("GEMS Points") will be earned in respect of each GEMS Rewards Transaction
      3. the applicable GEMS Reward Points required for redeeming GEMS Rewards
    2. In case of a reversal of any GEMS Rewards Transaction, GEMS Points credited to the GEMS Rewards Member Account as a result of such GEMS Rewards Transaction will be deducted from the accrued GEMS Points credit balance. Debits to the GEMS Rewards Account related to any reversed GEMS Rewards Transaction will reduce the accrued GEMS Rewards credit balance as per the calculation criteria set out for a particular GEMS Rewards Relationship.
    3. GEMS from time to time and, at its absolute discretion, may decide that no GEMS Points may be earned during a promotion, special offer or other black-out period or through the redemption of any GEMS Points.
    4. Pursuant to Clause 4.1, GEMS Points are earned for each GEMS Rewards Relationship or GEMS Rewards Transaction subject to GEMS Rewards earning criteria, and no GEMS Points shall be awarded retroactively. Schedule B sets out the list of further conditions attached to the earning of GEMS Points in relation to each type of GEMS Rewards Relationship or GEMS Rewards Transaction. GEMS Points are calculated by rounding down the transaction value to the nearest integer.
    5. GEMS Points are not assignable or otherwise transferable, and are not capable of being mortgaged, charged or pledged. GEMS Points of one GEMS Rewards Accountholder cannot be combined with those of another GEMS Rewards Accountholder.
    6. GEMS Points will not be issued to members introduced as Family and Friends. The points earned in such transactions by a Family and Friend member will be credited to the GEMS Rewards Account of the Primary member who has introduced the Family and Friend member.
    7. GEMS Points will have a minimum expiry of 11 months and 30 days and a maximum expiry of 23 months and 30 days from date of earn. All GEMS Points earned during an Academic Year (meaning a 12 month period commencing on 1st September and ending on 31st August) will expire on the 31st August of the following Academic Year (meaning, for example, that GEMS Points earned on 2 September 2018 will expiry on 31 August 2020).
    8. GEMS from time to time and, at its absolute discretion, may allow a GEMS Rewards Member to purchase GEMS Points at a rate determined by GEMS. These GEMS Points shall have the same value and benefits as any other GEMS Points issued under GEMS Rewards.
  5. GEMS Rewards statement

    1. A record of GEMS Rewards activity for each GEMS Rewards Member will be available on the mobile application (“GEMS Rewards Statement”) to the GEMS Rewards Member on a regular basis, the regularity to be determined by GEMS. GEMS Points shall be transferred on a periodic basis as per the GEMS Rewards Relationship or GEMS Rewards Transaction activity into the GEMS Rewards Account for the purpose of accruing GEMS Points. All the GEMS Points shall accrue and expire as described in these Terms and Conditions and any additional terms and conditions contained in the GEMS Rewards Statement published on the mobile application of the reward member.
    2. Any manifest error in the GEMS Rewards Statement must be reported to GEMS within fourteen (14) days of the transaction posting date on GEMS Rewards Statement.
  6. Redemption of GEMS Points

    1. Provided that the GEMS Rewards Relationship is active and in good standing as determined by GEMS, and subject to the approval of GEMS, GEMS Points may be redeemed (i) to offset any specified GEMS fees and/or charges applicable to the GEMS Rewards Accountholder as determined by GEMS or (ii) any other applicable reward as determined & informed to the member by GEMS from time to time.
    2. Only GEMS Points that are registered in and credited to the GEMS Rewards Member Account, at the time of redemption, are eligible for redemption as determined by GEMS in accordance with the GEMS Records and, in the absence of manifest error, will be eligible for redemption.
    3. The redemption of GEMS Points by each GEMS Rewards Member is affected by logging onto to the GEMS Parent Portal or GEMS Connect Mobile application for payment of School related fees or using the GEMS Rewards mobile application for any particular reward as instructed by GEMS Rewards from time to time.. Any instructions conveyed by the GEMS Rewards Member will be governed by the terms and conditions of the respective mode of redemption. GEMS may, at its absolute discretion, act upon the instructions received through these modes of redemption.
    4. In the case of GEMS Rewards membership attained by referral from parents and employees, points redemption is not offered. Points redemption will remain with the main account holder i.e parent or employee.
    5. In the case where GEMS Points are subtracted from the GEMS Rewards Account and it reduces or eliminates the accumulated GEMS Points resulting in a negative GEMS Rewards Account balance, GEMS may, at its absolute discretion, either suspend delivery of the GEMS Rewards or permit the delivery of the GEMS Rewards and either debit the equivalent cash value of the negative balance (at a rate determined by GEMS) or use any subsequently accrued GEMS Points to offset the negative GEMS Rewards Account balance until such balance has returned to zero or positive.
    6. GEMS Points redemptions are always subject to GEMS’s approval, GEMS’s terms and conditions for the relevant GEMS Rewards, the availability of the GEMS Rewards at the time the redemption is requested, and any restrictions imposed by any supplier or issuer of the good or services the subject of the GEMS Rewards. At any time and at its absolute discretion, GEMS may, without notice or liability, cancel the GEMS Rewards order and substitute the GEMS Rewards with another of comparable nature and value as determined by GEMS.
    7. Details of the GEMS Rewards are set out on the GEMS Rewards mobile app. Reasonable efforts have been made to ensure that the information contained in the GEMS Rewards mobile app and website for Goods, Content and Services is accurate. GEMS is not responsible, and shall not be held responsible, for any errors, inaccuracies or omissions appearing therein.
    8. If GEMS Points become redeemable for any other reward including but not limited to redemption of air tickets, hotel stays and gift cards and other merchandise and or the issue of vouchers for the same at or from GEMS’s authorised merchants, these are subject to the terms and conditions as may be prescribed by the issuer or supplier thereof from time to time.
    9. Once issued, redemption of air tickets, hotel stays and other merchandise and vouchers are not exchangeable, returnable, refundable, or redeemable for cash or credit, nor will they be replaced in the event of loss, damage or destruction. Once submitted, an order for redemption of air tickets, hotel stays or other merchandise or a voucher cannot be cancelled, revoked, transferred or changed by the GEMS Rewards Member in any manner.
    10. Redemption of air tickets, hotel stays and other merchandise or the issue of vouchers for the same are sent to the GEMS Rewards Member’s email ID or billing address as entered by the member on the mobile application. GEMS will not be responsible for any redemption of air tickets, hotel stays or other merchandise or the issue of a voucher sent to the wrong email ID or delivery address or returned as a result of the GEMS Rewards member’s failure to input the relevant delivery information on the mobile application at the time of redemption.
    11. Should the goods or services the subject of a GEMS Rewards be received in a damaged or defective condition, the GEMS Rewards member must notify the relevant supplier of such damage or defect within the stipulated number of days as mentioned in the purchase receipt. GEMS shall use its reasonable efforts to convey the GEMS Rewards Member’s complaint to the supplier and arrange, whenever possible, for an appropriate replacement of comparable nature and value as determined by GEMS. Notwithstanding the foregoing, GEMS shall not be held responsible in any manner whatsoever for damaged or defective goods or services the subject of a GEMS Rewards.
    12. GEMS is entitled at any time, at its absolute discretion and without further notice, to adjust the GEMS Rewards Rate. Any upwards adjustment will reduce the financial value cost to a GEMS Rewards Accountholder of redeeming GEMS Rewards. Any downwards adjustment will increase the financial value cost to a GEMS Rewards Accountholder of redeeming GEMS Rewards.
  7. Forfeiture of GEMS Points

    1. All GEMS Points of a GEMS Rewards Accountholder shall be forfeited and shall be cancelled immediately and no additional or unprocessed redemption requests of GEMS Points shall accrue in the GEMS Rewards Account in the following circumstances each as determined by GEMS: (a) the GEMS Rewards Relationship has been closed or is not in good standing; (b) breach of any of these Terms and Conditions and/or any other terms and conditions expressly incorporated by reference in these Terms and Conditions; or (c) any other material event or circumstance exists.
  8. Indemnity

    1. GEMS shall not be liable for losses, damages, expenses, claims or any other liability whatsoever, whether direct, indirect, consequential, incidental, special or punitive, sustained by a GEMS Rewards Member as a result of the availability, non-availability, maintenance or operation of the GEMS Rewards mobile application, the redemption of GEMS Points, the possession and/or use of a GEMS Rewards, or in any other way arising from membership in, or in connection with, GEMS Rewards, nor shall GEMS be responsible or held liable for any amounts payable by a GEMS Rewards Member to any third party arising out of the purchase, supply, quality, installation, use or otherwise, of a GEMS Rewards, or of any negligence, breach of statutory or other duty on the part of GEMS, any supplier, issuer, merchant and/or other person associated in any way, directly or indirectly, with GEMS Rewards.
    2. GEMS makes no representation and provides no warranty whatsoever, expressed or implied, and undertakes and assumes no liability whatsoever, in respect of the quality of any goods or services the subject of GEMS Rewards or their suitability or fitness for any use or purpose. All goods or services the subject of GEMS Rewards shall be accepted by the GEMS Rewards Member at his/her own risk and peril.
    3. GEMS is not responsible for any disputes involving GEMS Rewards or any other aspect of GEMS Rewards between parents/employees and the family and friends referred to by the relevant parent or employee to the GEMS Rewards.
    4. Any personal liability arising out of the delivery or use of GEMS Rewards is solely the responsibility of the GEMS Rewards member.
    5. Any applicable taxes, fees and services or any additional charges levied by the regulatory authorities or by the supplier has to be paid by the GEMS Reward Member while purchasing or redeeming any product or service on the GEMS Rewards mobile application. If the member doesn’t have enough points for redeeming, members can use any valid payment card as allowed by the payment gateway provider that is available on the GEMS Rewards mobile application.
  9. Breach of Terms and Conditions

    1. In the event of a breach by a GEMS Rewards Member of these Terms and Conditions or of any applicable provisions in any terms and conditions incorporated by reference in these Terms and Conditions, or in the event of the failure on the part of a GEMS Rewards Member to pay for any outstanding amounts due to GEMS within the prescribed time set by GEMS or for any other reason whatsoever, GEMS reserves the right, at its absolute discretion, to:
      1. terminate the GEMS Rewards membership on GEMS Rewards mobile app and close his/her GEMS Rewards Account; 9.1.2 refuse to award any future GEMS Points;
      2. withdraw any GEMS Points earned; and/or
      3. refuse to permit the redemption of any GEMS Points.
    2. Such action by GEMS in respect of a GEMS Rewards Member may result, in GEMS’s absolute discretion, in the forfeiture of all of the GEMS Rewards Member’s GEMS Points and any GEMS Rewards purchased and unused.
  10. Governing law and jurisdiction

    1. These Terms and Conditions are governed by the laws of the United Arab Emirates.
    2. These Terms and Conditions, and any non-contractual obligations arising out of or in connection with these Terms and Conditions, will be governed by the laws of the Relevant Emirate and, to the extent applicable in the Relevant Emirate, the federal laws of the UAE.
    3. The courts of the Relevant Emirate or the courts of the Dubai International Financial Centre ("DIFC") have non-exclusive jurisdiction to settle any dispute arising out of or in connection with these Terms and Conditions.
    4. The courts of the Relevant Emirate or the courts of the DIFC are the most appropriate and convenient courts to settle any dispute in connection with these Terms and Conditions. Each GEMS member agrees not to argue to the contrary and waives objection to those courts on the grounds of inconvenient forum or otherwise in relation to proceedings in connection with these Terms and Conditions.
    5. Clauses 10.3 and 10.4 are for the benefit of the GEMS only.
    6. Any reference in Clauses 10.2 and 10.3 to a dispute in connection with these Terms and Conditions includes any dispute as to the existence, validity or termination of these Terms and Conditions.

The GEMS REWARDS Programme Rules Of Use

The GEMS REWARDS Programme is our way of saying ‘Thank You’ to our parents and staff. Designed to reduce the impact of school fees and further enhance the lifestyle of our families and staff, the programme comprises of three key elements:

  1. The GEMS FAB Credit Card that offers up to 4.25% discount on school fees.
  2. The GEMS Ambassador Programme – offering cash back benefits to parents who refer children into participating schools, upon successful enrollment.
  3. Everyday Savings – through a network of partners across dining, retail, travel, health, wellness and entertainment etc. GEMS have negotiated offers and discounts that significantly contribute to everyday savings.
  4. GEMS Points - Earn GEMS Points through select partners or by making purchases on airline ticket bookings, hotel bookings, food delivery, online purchase on selected e-commerce websites or Apps and on purchase of gift cards on the GEMS Rewards Mobile Application, as per availability. We will continue to build this network and widen our offering, as we strive to deliver better offers every day.
  5. The GEMS Rewards App is reserved exclusively for the GEMS Community, including GEMS families and staff.
  6. Upon enrollment, you will receive an email from GEMS, which includes your Membership details, as well as your GEMS Rewards App login information.
  7. GEMS REWARDS Offers covering Dining, retail shopping, wellness and entertainment
  8. The GEMS Rewards App Can be used 7 days a week, at any time during the participating merchant’s working hours with very minimal exclusions which are outlines in the terms and conditions for the relevant merchant on the GEMS Rewards mobile app.
  9. Buy One Get One Free Offers can be redeemed by a minimum of 2 people (excluding some Beauty & Fitness and Retail & Services Offers). Up to 4 Offers can be redeemed at one time for a group of 8 people or more. Offers with percentage discount applied on the total bill.
  10. Discount Offers and percentage on bill offers, should be presented prior to payment or requesting the bill.
  11. Offers on the GEMS Rewards App Are not valid in conjunction with any other discount offers, promotions, special menu items or loyalty/rewards program.

RULES OF USE – IN FULL

The use of all GEMS REWARDS Offers (“Offers”) by GEMS REWARDS members. (“Member(s)”) is subject to these Program Rules of Use (“Rules”) and any terms of use included on the Offers. Customers should read these Rules carefully prior to using any Offer.

1. Redeeming Your Offers

Redeeming Offers on your App is very simple:

  1. Select your chosen offer for use on the App.
  2. Present your mobile device with the chosen Offer to the merchant prior to the bill being presented
  3. Once the merchant has entered their PIN, the Offer will be redeemed and the item or service will be removed from your bill
  4. To redeem more Offers, simply repeat the same process
  5. The Amount of Spend has to be entered into the final App Screen to complete the Redemption process.
  6. For Buy One Get One Free Offers, one Offer can be used by 2 people, up to a maximum of 4 Offers per visit/booking/table for a group of 8 people or more:

In the case of a dispute, the bill must be settled as per local law. Relevant parties will be contacted for resolution.

The offers available on the GEMS Rewards mobile application is offered by GEMS or via third party applications like TravellerPass.

2. Offer Validity

  1. Offers are valid as indicated on the Offer. We reserve the right to remove and/or amend an Offer at any time, and cannot be held responsible or liable in any way if an Offer is removed or amended from GEMS REWARDS.
  2. Offers are only redeemable with the issuing merchant and/or venue.
  3. Offers apply only to the items/services and location(s) specified on the Offer.
  4. Offers are exclusive and not valid in conjunction with any other discount offers, promotions, special offers or dining/loyalty/employee/rewards program.
  5. Offers do not apply to any additional service charges or taxes.
  6. Offers are valid 7 days a week any time during the issuing merchant’s trading hours, unless specified on the Offer. Minimal exclusions apply and any exclusion will be mentioned on the Terms and Conditions for each participating merchant under the merchant/offer terms and conditions on the GEMS Rewards mobile application.
  7. Offers listed are available per merchant and not per outlet. Thus, when you redeem an offer it will show as redeemed at all locations for that merchant. Once you have redeemed all offers for a merchant, all locations will be locked.
  8. If a merchant or venue refuses to honor any Offer, please contact Customer Services ( support@gemsrewards.com or via Whats APP chat available on the APP from 10AM to 10PM, 7 days a week.
  9. Offers are not redeemable for cash, unless required by law.
  10. Unauthorized reproduction, resale or modification of any Offer is prohibited. Offers are void if resold or bartered.

3. Food & Drink Offers

  1. A Main Course/Main Menu Item is defined as the main element of a customer’s lunch or dinner – i.e. not a starter or a dessert. GEMS REWARDS is not responsible for the specific layout/design of a merchant’s menu. If in doubt, clarify with the server before ordering.
  2. One Offer can be used to redeem one qualified item only, unless otherwise specified.
  3. One Offer can be used by 2 people, for up to a maximum of 4 Offers per table, for a group of 8 people or more (see Table 1). This Rule applies regardless of the product the Offer is from. E.g. A group of 4 people can redeem 2 Main Course Offers at a restaurant, alternatively they can redeem 1 Licensed Drink Offer and 1 Main Course Offer - redeeming a maximum 2 Offers in total.
  4. The least expensive item (as listed on the Offer), will be deducted. The two items must be from the same category as marked on the Offer. E.g. Buy one “Main Course” and get one “Main Course” free; or buy one “Sushi Set Lunch” and get one “Sushi Set Lunch” free; or buy one “House Beverage” and get one “House Beverage” free.
  5. Only one bill will be presented per table, per group. No splitting of bills will be allowed.
  6. Offers are not redeemable for breakfast, starters, side dishes, desserts or shared platters, unless otherwise indicated on the Offer. This is not applicable if the offer is on a percentage discount on the total bill.
  7. Offers are not valid for delivery or take-away, unless otherwise indicated on the Offer.
  8. Discounts do not apply to service charges.

3.1. Licensed Drink Offers

Licensed Drink Offers are intended for the use of persons of legal age who are non-Muslim, to purchase Licensed Drinks.

Licensed Drink Offers are exclusive and not valid in conjunction with any other promotion or special menu items, including “Happy Hours” and “Ladies’ Nights” offered by the merchant.

A maximum of 4 Offers can be redeemed per booking/table/group (as outlined in Table 1). This Rule applies regardless of the product the Offer is from. For example, a group of 4 people can redeem 2 Licensed Drink Offers, alternatively they can redeem 1 Licensed Drink Offer and 1 Main Course Offer - redeeming a maximum of 2 Offers in total.

4. Attractions & Leisure Offers

  1. A minimum of 2 people must be present to redeem a Buy One Get One Free Offer – unless otherwise specified. A maximum of 4 Offers can be redeemed per booking/visit for a group of 8 people or more (see Table 1).
  2. The Discount Offer (% Offers), can be used against the service/item/activity mentioned on the voucher. The discount will apply only on normal rates/prices and cannot be used in conjunction with other promotions or special offers. These offers would need to be presented before the service/item/activity is purchased.
  3. Terms & Conditions may vary with a number of activities, so please refer to the individual merchant/outlet for confirmation of minimum/maximum number of people, age restrictions, safety guidelines as well as other conditions.
  4. Prior booking may be required for certain offers and/or activities.
  5. Offer will not be valid on any public holiday unless its specifically mentioned on the Terms and conditions of the merchant offer page on the GEMS Rewards mobile app.

5. Beauty & Fitness Offers

  1. Our Beauty and Fitness section has 2 ways to redeem Offers: ‘Buy One Get One Free’ and ‘Discount Offers’

    The ‘Buy One Get One Free’ Offers can be redeemed in two ways:

    1. One Offer can be used by 2 people within the same visit, with the second treatment or service being complimentary.
    2. One Offer can be used by an individual, whereby you must pay full price for the first treatment/service and your second treatment/service, will be complimentary on your next visit. The merchant provides a voucher for the second treatment/service to be used on the next visit. The complimentary treatment/service must be redeemed within the Offer validity period. Please note: Gift vouchers cannot be issued for your complimentary treatment/service. The complimentary treatment/service is non-transferable.
  2. The Discount Offers (% Offers), can be used against the service/item mentioned on the voucher. The discount will apply only on normal rates/prices, and cannot be used in conjunction with another promotion or special offer. These Offers would need to be presented before the service/item is purchased
  3. Please present the Offer, at the completion of the treatment/service, prior to requesting the bill. If the Offer is in the Health & Fitness section, please present it prior to the commencement of any class or activity.
  4. Prior booking is required.

6. GEMS Points

These terms and condition govern the collection and use of points and set out the terms of the contract between GEMS Rewards LLC (GEMS, us or we) and each Member. A Member will be automatically registered with the GEMS Points collection program (GEMS Points) by downloading the App and creating an account (an Account) and can then earn points through various Earning Channels. If you apply to register an Account or use the App you accept these terms and conditions. We may refuse an application to register an Account for any good reason.

GEMS Points Earning
GEMS Points can be earned across the following channels (each an Earning Channel) pursuant to:

  1. Select transactions with GEMS Exclusive Merchants displayed in the App
  2. Select transactions undertaken in the GEMS Rewards mobile app while booking airline tickets, hotels and purchasing gift cards using any valid payment card. The card transactions are processed via the payment gateway available on the GEMS Rewards mobile application.
  3. GEMS Points will not be issued to members introduced as Family and Friends. The points earned in such transactions by a Family and Friend member will be credited to the GEMS Rewards Account of the Primary member who has introduced the Family and Friend member.

The Ambassador Programme

  1. An account to record the GEMS Points earned or redeemed by each Member will be established by us. The number of GEMS Points currently credited to a User's GEMS Points Account can be viewed on the App by visiting the My Savings section of the app.
  2. GEMS Points balances cannot be pooled with the GEMS Points balances of any other Member at any point of time
  3. GEMS Points balances cannot be transferred to any other Member at any point of time.
  4. GEMS Points may only be earned at the time a relevant transaction through an Earning Channel is completed and cannot be earned or claimed retrospectively.

GEMS Rewards reserves the right, in its absolute discretion, to adjust (including by deduction) the number of GEMS Points accrued or credited to an Account, if GEMS Points have been accrued or credited in error (including as a result of error arising from a misrepresentation, negligence, or technical malfunction) or for any other reason resulting in the GEMS Points being invalidly accrued.

We will correct an Account if it is shown to our reasonable satisfaction to be incorrect however, any decision to do so will be subject to the Member producing clear records demonstrating an error. Our decision is final in relation to any correction.

If a transaction on which GEMS Points are earned or issued or redeemed is cancelled, reversed or not completed, we will reverse the associated adjustment to the GEMS Points. Our decision is final in relation to any such reversal.

GEMS Points Redemption

  1. Provided that the GEMS Rewards Relationship is active and in good standing as determined by GEMS, and subject to the approval of GEMS, GEMS Points may be redeemed (i) to offset any specified GEMS fees and/or charges applicable to the GEMS Rewards Accountholder as determined by GEMS or (ii) any other applicable reward as determined & informed to the member by GEMS from time to time..
  2. Each GEMS Point shall be deemed, for the purposes of redemption against an applicable reward, to have a value of AED0.10. GEMS Points cannot be exchanged or redeemed for cash.
  3. GEMS Points cannot be redeemed until credited to a GEMS Points Account. Depending on the Earning Channel it will take different periods to notify members of points to be credited. GEMS is not responsible for a failure, delay or error by any third party failing to notifying members of GEMS Points to be credited.
  4. GEMS Points cannot be redeemed unless the Member has, at the time of the redemption, a minimum of 10 GEMS Points (the Minimum Points) credited to his/her Account. GEMS reserves the right to vary the Minimum Points from time to time.
  5. A Members may choose to redeem the GEMS Points credited to their Account in full or in part only, however, conversion that would result in a Member holding a fraction of a GEMS Point will be rounded up to the nearest whole GEMS Point.
  6. If a Member does not redeem the entire value of his/her GEMS Points, the balance value will remain in their Account and may be used for future redemptions provided that he/she has the Minimum Points credited to his or her Account at the time of redemption.
  7. GEMS Points once redeemed cannot be used again.
  8. GEMS Points once redeemed cannot be reversed.
  9. GEMS Points cannot be transferred to or redeemed by another Member or any person other than the Member to whose Account those GEMS Points are credited.
  10. If the value of the invoice for GEMS School Fees is more than the value of the GEMS Points credited to that Member's Account then the balance amount must be paid by the member using a valid payment method (as determined by GEMS) simultaneously with the completion of the redemption.
  11. GEMS Points that are not redeemed by a Member will remain credited to his/her Account for a period as governed by the GEMS Rewards Expiry Policy. Expired GEMS Points will be deducted from a Member's Account and cannot be re-credited to the Member's Account.
  12. GEMS Rewards reserves the right (in its absolute discretion) to adjust the number of GEMS Points accrued or credited to a Member's Account if the GEMS Points it determines that were credited or accrued invalidly (including but not limited to as a result of error or misrepresentation, negligence, or technical malfunction).

Expiry and Termination Policy

  1. GEMS Points will have a minimum expiry of 11 months and 30 days and a maximum expiry of 23 months and 30 days from date of earn. All GEMS Points earned during an Academic Year (meaning a 12 month period commencing on 1st September and ending on 31st August) will expire on the 31st August of the following Academic Year (meaning, for example, that GEMS Points earned on 2 September 2018 will expiry on 31 August 2020).
  2. GEMS Points will expire and be lost if the relevant Account is closed or the GEMS Points programme ends (which GEMS may elect to do at any time and at its sole discretion).
  3. GEMS may close any Account on which no GEMS Points have been earned or redeemed for a continuous period of at least 12 months. GEMS may also, on notifying the Member, immediately suspend or terminate the rights of any Member, and/or close any relevant Account, if they breach these Terms and Conditions, if GEMS reasonably believes that a Member has dealt with GEMS Points in a manner not permitted by these Terms and Conditions or any Earning Channel Partner, if there is any theft from or misconduct in connection with GEMS or any Earning Channel Partner, if a Member supplies any false or misleading information to GEMS or if they are abusive or offensive to any member of our staff. A Member can close his/her Account at any time by notifying GEMS. If an Account is closed all rights to redeem GEMS Points from that Account are lost.
  4. GEMS may terminate or suspend the GEMS Points programme at any time but will give as much notice as it reasonably can before it does so. If this happens all Accounts will be suspended or terminated.
  5. If we sell or transfer GEMS Points to another company we may transfer all of our rights and obligations under these Terms and Conditions without any further consent and may disclose or transfer all information we hold about Members to a prospective or actual new owner. Such a disclosure or transfer will not alter the rights of such Members in respect of the use that can be made of such information by such other company

7. Exclusion Days

Offers can be used 7 days a week, excluding the following days in the following markets as well as any other public holidays, as announced by the applicable government (subject to merchant discretion):
UAE
Christmas Eve/Day
New Year’s Eve/Day
Eid Al Fitr
Eid Al Adha
Valentine’s Day
National Day

Please note: A limited number of outlets may be closed over summer, Ramadan and other selected religious holidays. We cannot be held responsible if an outlet is temporarily or permanently closed during the Offer validity period.

Please refer to the Terms and Conditions related to the merchant offer on the offers page for the offer Terms and Conditions.

GIFT CARDS

The gift card will be issued to the GEMS Rewards Member on the basis of the required information that the member has provided while purchasing the gift card on GEMS Rewards mobile app.

Use of Gift Cards

The GEMS Rewards Member may only use the gift card in accordance with this Agreement. The gift card can only be used in retailers participating in the programme as part or full payment for goods. Gift card is strictly personal and can be used only by the GEMS Rewards Member. Gift cards are not refundable and cannot be exchanged for cash, be sold or transferred.

The gift card will cease to be valid twelve months from the date of purchase/issuance; this is referred to as the ‘expiry date’. On the expiry date, the gift card will cease to function and the GEMS Rewards Member will not be entitled to use the gift card.

The gift Card is a prepaid, stored value card and should be treated just like cash in a wallet or purse. If the prepaid gift card is lost or stolen, you may lose any funds held on the prepaid gift card. The GEMS Rewards Member must do all that he reasonably can to keep the gift card safe. Any misuse by a third party will be at your risk. The GEMS Reward Member must promptly notify GEMS Rewards customer service of any loss or theft of the gift card. GEMS Rewards customer service will suspend the gift card to prevent further use. If a lost gift card is subsequently found, it must not be used unless we confirm it may be used. GEMS Rewards will not be liable for any misuse of the Card arising out of the loss, theft or misuse of the gift card. GEMS Rewards may issue you a replacement gift card in the event of loss or theft of your gift card subject to you providing the necessary documents and information. Issuance of a replacement gift card may be subject to a fee. GEMS Rewards will be entitled to assume that a transaction was authorized by the GEMS Rewards Member where the correct gift card number is entered at the point of sale or where relevant information is supplied to the retailer that allows them to process the transaction. GEMS Rewards may refuse to approve a Transaction and/or suspend the gift card, with or without notice, if GEMS Rewards thinks that the gift card has been or is likely to be misused or if you have breached the Agreement, including if we suspect any illegal use of the gift card. If we do suspend the gift card, we will inform you of our decision, unless such disclosure is prohibited by law or would otherwise compromise fraud prevention or security measures. The GEMS Rewards Member will be liable for all losses in respect of the gift card if you have (i) acted fraudulently; (ii) failed to use the gift card in accordance with the Agreement; (iii) have failed to notify us without undue delay on becoming aware of the loss, theft or misuse of the gift card; or (iv) have failed to take all reasonable steps to keep the gift card’s security features safe.

General provisions

The goods and/or services are sold to the GEMS Rewards member Beneficiaries at retail price at the time of the Purchase of the gift card and are paid immediately to the concerned Partner Store by the gift card sourcing company. The goods and/or services are sold by the Partner Stores to the GEMS Rewards Member and not by GEMS Rewards or the gift card sourcing company.

The GEMS Rewards Member will go directly to the Partner Store, select the goods and/or services he would like to purchase and pay with GEMS Rewards Gift cards with the obligation to present any GEMS Rewards gift card together with a valid photo identification (for example, passport, Emirates ID card, UAE driving License.

If the Partner Store is a website, the GEMS Rewards Member will select on the Website to purchase the good(s) and/or service(s) by selecting MyList Gift Cards ( Gift card sourcing company) in the payment methods, fill in the information required by the Partner Store, including the Gift card number and the password provided on the email by GEMS Rewards. The GEMS Rewards Member can take the goods and/or services immediately upon Purchase depending whether he chose to get it delivered or collect from store.

If the goods and/or services have been purchased in a Partner Store (either in store, by internet or through GEMS Rewards Gift cards), terms and conditions of the Partner Store apply. If return or refund is authorized by the Partner Store, the Purchase amount will not be credited back to the GEMS Rewards Account.

The goods and/or services are sold to the GEMS Rewards Member by the Partner Store at retail price at the time of the Purchase. The Beneficiary would be able to benefit from any discount and/or sale done in the Partner Store.

The delivery of the Goods will be done by the Partner Store which will inform directly the GEMS Rewards Member about the availability and delivery timing. If the GEMS Rewards Member fails to take delivery of the Goods or if the delivery instructions provided are not accurate, the Partner Store shall apply their own term and conditions.

Airline and Hotel Bookings

GEMS Rewards offers you the flexibility to book airlines and hotel reservations on the GEMS rewards mobile app platform. Members will earn GEMS points for every successful booking completed on the rewards platform.

Bookings can be paid using any valid payment card on the payment gateway provided on the mobile app.

Booking prices are quoted based on the best available price across suppliers at the time of booking, for chosen route/destination, class of travel, passenger type, dates and times of travel.

Bookings are subject to availability and applicable airline and hotel booking policies. In the event of any conflict between the supplier’s booking policies and GEMS Rewards Travel Terms and Conditions, the booking policy of the supplier/ airline /hotel will apply.

GEMS Rewards reserves the right to change the pricing and minimum spend required for travel rewards at any time without prior notice.

Travel rewards can be booked for members themselves or for anyone else they choose, provided the traveler/s have the relevant documentation and identification to utilize the booking. Once a booking is made with a registered name, the traveler’s name cannot be changed.

Age classification for flight, hotel and car rental bookings is determined by the age of the traveler at the end of the travel period.

Dates for all travel bookings must be confirmed at the time of booking. Travel bookings cannot be held.

GEMS Rewards has no liability and will make no refund in the event of any delay, cancellation, overbooking, strike, force majeure or other causes beyond suppliers' direct control.

It is the responsibility of the GEMS Rewards member to review airline baggage allowances, any travel restrictions, warnings, announcements and advisories, prior to making travel arrangements to international destinations.

It is the responsibility of the GEMS Rewards member to obtain any required visas for entry to the country of destination or connecting destinations by contacting the respective embassy directly. Visa requirements will not be communicated by GEMS Rewards.

By offering GEMS Rewards Travel offering to destinations, GEMS Rewards does not represent or warrant any travel as advisable or without risk, and as such are not liable for damages or losses that may result from travel to such destinations.

Refunds can only be credited to the original payment card used. Refunds will be processed within 14 days (or as applicable by the airline or hotel operator) of the applicable cancellation fees being paid by the airline/hotel or supplier.

Refunds are not available for partially used flight booking tickets, hotel stays.

For bookings made using GEMS Rewards that have subsequently expired, the expired Rewards will be forfeited and not credited back in the event of a cancellation.

Failure to travel or cancel travel bookings within the required timeframe will result in the travel booking being forfeited. Forfeited travel bookings are no longer valid and are non-refundable. The responsibility lies entirely on the member.

GEMS Rewards has no liability and will make no refund in the event of any delay, cancellation, overbooking, strike, force majeure.

The airlines, hotels and car rental companies and other reward suppliers providing travel or other services are independent contractors and not agents or employees of GEMS Rewards

GEMS Rewards accepts no responsibility for any loss from or related to travel cancellation or delay, loss or damage to luggage or other property, personal accident or sickness suffered while travelling, refund charges or any other circumstances arising from the purchase of travel products from GEMS Rewards platform.

GEMS Rewards is not liable for the acts, errors, omissions, representations, warranties, breaches or negligence of any suppliers

Flight bookings are subject to airline seat availability and applicable fare rules and any applicable surcharges or service fees levied by the operator

Flight reward prices apply for the whole flight ticket and include the airfare, airport taxes (where such taxes are payable at the point of payment), duties and charges (including government and other taxes). They do not include the airport taxes that are payable upon departure or arrival directly at certain airports.

Flight bookings are non-transferable.

In some cases, flight bookings are eligible to collect airline frequent flyer Program points. It is the passengers’ responsibility to contact the airline directly to inquire about eligibility and ensure frequent flyer points are collected from eligible and participating airlines.

For flight bookings, date changes, airport changes, re-routing and ticket upgrades are permitted based on airline terms & conditions. The applicable airline fees and related service fees are payable by a payment card using the payment gateway available on the mobile app.

When making a flight reward booking, the name(s) provided at the time of booking must be the full name of the person(s) travelling, as it appears on their passport.

Proof of identity will be required at check-in.

Electronic tickets will be issued and sent to the members registered email address and to the alternate email address specified in the booking (if any)

GEMS Rewards is not responsible for the fulfillment of special requests (e.g. meal choices, seat allocation, special assistance). The member will need to contact the airline directly for all special requests.

It is the members' responsibility to check for updates regarding any changes in flight timings. GEMS Rewards and its travel supplier cannot be held responsible for communicating any updates related to flight bookings.

Hotel Bookings

Hotel bookings are subject to the terms and conditions imposed by the hotel.

Hotel booking prices apply for the room stay only unless specified otherwise at the time of booking. All additional charges are the liability of the primary/lead guest and payable to the hotel directly.

Hotel bookings must be booked in the name of the primary/lead guest who should be at least 18 years of age at the time of check-in or as per the hotel policy.

Hotel bookings are non-transferable.

A deposit payment may be required by the hotel at the time of check-in. The hotel depending on the applicable room rate and the duration of the stay will determine the amount. The deposit payment can be made via credit card or in cash.

Expenses incurred during the hotel stay such as telephone charges, pay television, meals (unless specified), laundry, room service, mini bar, tips etc. are additional costs which must be paid directly to the hotel at the time of check-out.

Check-in and check-out times are as per the hotel terms and conditions.

In some cases, hotel bookings are eligible to collect hotel loyalty Program points. It is the members' responsibility to contact the hotel directly to inquire about eligibility and ensure loyalty points are collected from eligible and participating hotels.

After the hotel booking has been confirmed changes or cancellations can only be made if permitted within the hotel rules of the booking and charges will apply, payable by a Visa or MasterCard credit card only.

For some hotel suppliers, an amendment request may require a cancellation of the original booking and submitting an entirely new online booking by the member. In these circumstances, rates and room availability will be subject to hotel inventory rules applicable for the period. Best efforts will be made to secure same rates, but this cannot be guaranteed.

Valid photo identification will be required at the time of check-in for each occupant of a hotel room booking.

Hotel booking confirmation and voucher will be issued and sent to the member's registered email address and to the alternate email address specified in the booking (if any)

Special requests (e.g. bed type, honeymoon/anniversary, room location, early check-in, late check-out etc.) should be requested with the hotel directly and are subject to availability at the time of check in and at the hotel discretion. GEMS Rewards and/or the hotel cannot confirm these concessions at the time of booking.

Travel Booking Amendments and Cancellations (i.e Flights, Hotel)

Amendments and cancellations can only be made if permitted within the terms and conditions of the travel booking from the airline, hotel provider.

Fare rules should be checked at the time of booking. Please refer to the full terms and conditions of the airline which can be found on the airline’s website.

Amendments and cancellations could be done by contacting GEMS Rewards Customer Service Center, between 10am and 6pm UAE time, SUN to THR with at least 48 hours prior to travel or hotel check in. We will make every effort to accommodate the request, however the confirmations and relevant charges if any will be provided by the operator i.e. airline or hotel.

If amendments or cancellations are made directly with the airline, hotel provider or car rental provider, GEMS Rewards will be unable to subsequently change, cancel or refund your booking.

Refunds can only be credited to the original payment card used. Refunds will be processed within 14 days ( or as applicable as per terms and conditions of the supplier) of the applicable cancellation fees being paid.

Any amendment or cancellation fees imposed by the flight or hotel provider must be paid by a valid payment card using the payment gateway on the GEMS Rewards App.

In the event of any permitted cancellations, all applicable cancellation fees must be paid with a payment card prior to any refund being provided.

For bookings made using GEMS Reward points that have subsequently expired, the expired Rewards will be forfeited and not credited back in the event of a cancellation.

Failure to travel or cancel a travel reward booking within the required timeframe will result in the travel booking being forfeited. Forfeited travel bookings are no longer valid and are non-refundable.

Refunds are not available for partially used flight booking tickets or hotel stays.

General

The barter, trade, sale, purchase or transfer for compensation of any GEMS REWARDS product or any of its Offers or contents by any person or entity, including but not limited to, travel services, travel providers, and distributors of the product or any of its Offers, is strictly prohibited, unless expressly authorized by GEMS REWARDS. The product and its Offers and other content are intended for the non-profit use of the individual purchaser of the Offers. Additionally, the use of the product or any of its Offers for advertising purposes is strictly prohibited. Any use of the Offers in violation of these Rules will render the Offers void, and GEMS REWARDS will avail itself of any and all legal remedies available to it. Offers may not be reproduced and are void where prohibited or restricted by law. GEMS REWARDS will not be responsible for the closing down or refusal of any merchant to accept GEMS REWARDS vouchers; however, GEMS will use reasonable efforts to rectify the situation, to the extent possible. GEMS REWARDS will not be responsible in the event that acts of God, fire casualties, illness, injuries or other events beyond its control, prevent the member from using any Offer.

Intellectual Property

Copyright in the text, images, photographs, graphics, layout and design of GEMS REWARDS products are protected by local and International copyright laws. Copyright in all GEMS REWARDS products and in the text, index, rules of use, offers, layout and other copyrights works contained in each GEMS REWARDS product, is owned by GEMS REWARDS, or used with permission. No part of any GEMS REWARDS product may be reproduced in any form (including by electronic or mechanical means, photocopying, recording, or information storage and retrieval) without the written permission of the publisher. The GEMS REWARDS wordmark and logo are the trademarks and/or registered trademarks of GEMS REWARDS. Other trademarks, artwork, copy and/or translations of copy appearing in this publication are used with permission of their respective licensed owners.

END USER LICENSE AGREEMENT

Last Modified: November 1, 2019.

This End User License Agreement (this "Agreement") is a binding agreement between you, as an individual or entity ("End User" or "you"), and “Premier Schools International LLC” (Trading as “GEMS Education”), referred to as (the "Company").This Agreement governs your use of the Company's applications for Android, iOS or other mobile platforms (collectively, including all related documentation, the "Application"). The Application is licensed, not sold, to you.

BY DOWNLOADING, INSTALLING OR USING THE APPLICATION, YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT; (B) REPRESENT THAT YOU ARE OF LEGAL AGE TO ENTER INTO A BINDING AGREEMENT; AND (C) ACCEPT THIS AGREEMENT AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT DOWNLOAD, INSTALL OR USE THE APPLICATION AND DELETE IT FROM YOUR MOBILE DEVICE

The Application requires an Android device with a minimum of 1GB of memory and the Android operating system Gingerbread(2.3) or higher. Or an iPhone device with a minimum of 16GB of memory and the iOS operating system of iOS 8.0 or higher.

  1. License Grant. Subject to the terms of this Agreement, the Company grants you a limited, non-exclusive and nontransferable license to:
    (a) download, install and use the Application for your personal, non-commercial use on a single mobile device owned or otherwise controlled by you ("Mobile Device") strictly in accordance with the Application's documentation; and
    (b) access, stream, download and use on such Mobile Device the Content and Services (as defined in Section 5) made available in or otherwise accessible through the Application, strictly in accordance with this Agreement and the Terms of Use applicable to such Content and Services as set forth in Section 5. [In addition, you may share the Application in accordance with the rules set out in the app store from which you downloaded the Application]. [Whilst you may have sharing rights as set out above,] you may not otherwise transfer the Application to someone else, whether for money, for anything else or for free. If you sell any device on which the Application is installed, you must remove the Application from it.
  2. License Restrictions. Licensee shall not: (a) copy the Application, except as expressly permitted by this license; (b) modify, translate, adapt or otherwise create derivative works or improvements, whether or not patentable, of the Application; (c) reverse engineer, disassemble, decompile, decode or otherwise attempt to derive or gain access to the source code of the Application or any part thereof; (d) remove, delete, alter or obscure any copyright, trademark, patent or other intellectual property or proprietary rights notices from the Application, including any copy thereof; (e) rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer or otherwise make available the Application or any features or functionality of the Application, to any third party for any reason, including by making the Application available on a network where it is capable of being accessed by more than one device at any time; or (f) remove, disable, circumvent or otherwise create or implement any workaround to any copy protection, rights management or security features in or protecting the Application.
  3. Reservation of Rights. You acknowledge and agree that the Application is provided under license, and not sold, to you. You do not acquire any ownership interest in the Application under this Agreement, or any other rights thereto other than to use the Application in accordance with the license granted, and subject to all terms, conditions and restrictions, under this Agreement. The Company reserves and shall retain its entire right, title and interest in and to the Application, including all copyrights, trademarks and other intellectual property rights therein or relating thereto, except as expressly granted to you in this Agreement.
  4. Collection and Use of Your Information. You acknowledge that when you download, install or use the Application, the Company may use automatic means (including, for example, cookies and web beacons) to collect information about your Mobile Device and about your use of the Application. You also may be required to provide certain information about yourself as a condition to downloading, installing or using the Application or certain of its features or functionality, and the Application may provide you with opportunities to share information about yourself with others. All information we collect through or in connection with this Application is subject to our Privacy Policy. By downloading, installing, using and providing information to or through this Application, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
  5. Content and Services. The Application may provide you with access to the Company's website located at www.gemsrewards.com (the "Website") and products and services accessible thereon, and certain features, functionality and content (including content which makes reference to alcohol) accessible on or through the Application may be hosted on the Website (collectively, "Content and Services"). Your access to and use of such Content and Services are governed by the Website's Terms of Use and Privacy Policy, which are each incorporated in this Agreement by this reference. By accessing and using such Content and Services you acknowledge your acceptance of such Terms of Use and Privacy Policy. Any violation of such Terms of Use or Privacy Policy will also be deemed a violation of this Agreement.
  6. Restricted Section You acknowledge that the Application may include, refer to, or contain content, features, products or services which make reference to alcohol. Such parts of the Application are intended for the use of only specified persons ("Restricted Section"). The Restricted Section is intended for use by you only if you are of legal age to purchase alcohol in your country of residence and in the country from which you are accessing the Application. If you do not fall within this category, you may be in breach of laws or regulations applicable in your country of residence or in the country from which you are accessing the Application and you are therefore not permitted to access the Restricted Section. You expressly acknowledge and agree that any use of the Restricted Section in breach of the applicable laws or regulations in your country of residence or in the country from which you are accessing the Application will be at your sole risk and in no event, will the Company or its affiliates, or any of its or their respective licensors or service providers, have any liability arising for or related to such use, whatsoever
  7. Updates. The Company may from time to time in its sole discretion develop and provide Application updates, which may include upgrades, bug fixes, patches and other error corrections and/or new features (collectively, including related documentation, "Updates"). Updates may also modify or delete in their entirety certain features and functionality. You agree that the Company has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. Based on your Mobile Device settings, when your Mobile Device is connected to the Internet either: (a) the Application will automatically download and install all available Updates; or (b) you may receive notice of or be prompted to download and install available Updates. You shall promptly download and install all Updates and acknowledge and agree that the Application or portions thereof may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of the Application and be subject to all terms and conditions of this Agreement.
  8. Third Party Materials. The Application may display, include or make available third-party content, products or services (including but not limited to data, information, applications and other products, and/or materials) or provide links to third-party applications, websites, products or services, including but not limited to through third-party advertising (collectively, "Third Party Materials"). You acknowledge and agree that the Company is not responsible for Third Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. The Company does not endorse these Third-Party Materials or in any other way assume and will not have any liability or responsibility to you or any other person or entity for any Third-Party Materials. Third Party Materials and links thereto are provided solely as a convenience to you and you access and use them entirely at your own risk and subject to such third parties' terms and conditions.
  9. Term and Termination. (a) The term of the Agreement commences when you download the Application and will continue in effect until terminated by you or the Company as set forth in this Section 9. (b) You may terminate this Agreement by deleting the Application and all copies thereof from your Mobile Device. (c) The Company may terminate this Agreement at any time without notice if it ceases to support the Application, which the Company may do in its sole discretion. In addition, this Agreement will terminate immediately and automatically without any notice if you violate any of the terms and conditions of this Agreement. (d) Upon termination:
    1. all rights granted to you under this Agreement will also terminate; and
    2. you must cease all use of the Application and delete all copies of the Application from your Mobile Device and account.
    (e) Termination will not limit any of the Company's rights or remedies at law or in equity.
  10. Disclaimer of Warranties. THE APPLICATION IS PROVIDED TO LICENSEE "AS IS" AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, THE COMPANY, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE APPLICATION AND THIRD PARTY MATERIALS, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, THE COMPANY PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE APPLICATION OR THIRD-PARTY MATERIALS WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS OR BE ERROR FREE OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
  11. Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE COMPANY OR ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS OR SERVICE PROVIDERS, HAVE ANY LIABILITY ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE APPLICATION OR THE CONTENT AND SERVICES FOR: (a) PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL OR PUNITIVE DAMAGES (b) DIRECT DAMAGES IN AMOUNTS THAT IN THE AGGREGATE EXCEED THE AMOUNT ACTUALLY PAID BY YOU FOR THE APPLICATION. THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR THE COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
  12. Indemnification. You agree to indemnify, defend and hold harmless the Company and its officers, directors, employees, agents, affiliates, successors and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys' fees, arising from or relating to your use or misuse of the Application or the Third Party Materials or your breach of this Agreement. Furthermore, you agree that the Company assumes no responsibility for the content you submit or make available through this Application.
  13. Export Regulation. The Application may be subject to certain export control laws. You shall not, directly or indirectly, export, re-export or release the Application to, or make the Application accessible from, any jurisdiction or country to which export, re-export or release is prohibited by law, rule or regulation. You shall comply with all applicable laws, regulations and rules, and complete all required undertakings (including obtaining any necessary export license or other governmental approval), prior to exporting, re-exporting, releasing or otherwise making the Application available.
  14. Severability. If any provision of this Agreement is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of this Agreement will continue in full force and effect.
  15. Governing Law. This Agreement is governed by and construed in accordance with the laws of the Dubai International Financial Centre, without giving effect to any choice or conflict of law provision or rule (whether of the Dubai International Financial Centre or any other jurisdiction). Any legal suit, action or proceeding arising out of or related to this Agreement or the Application shall be instituted exclusively in the courts of the Dubai International Financial Centre, although we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Use in your jurisdiction of residence or any other relevant jurisdiction. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
  16. Limitation of Time to File Claims. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE APPLICATION MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
  17. Entire Agreement. This Agreement, our Terms of Use and our Privacy Policy constitute the entire agreement between you and the Company with respect to the Application and supersede all prior or contemporaneous understandings and agreements, whether written or oral, with respect to the Application.
  18. Waiver. No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder. In the event of a conflict between this Agreement and any applicable purchase or other terms, the terms of this Agreement shall govern.
  19. Transfer. The Company may transfer its rights and obligations under this Agreement to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract. You may only transfer your rights or your obligations under these terms to another person if we agree in writing
  20. Changes to this Agreement. The Company may need to change these terms to reflect changes in law or best practice or to deal with additional features which we introduce. We will give you notice of any change by sending you an SMS with details of the change or notifying you of a change when you next start the Application. If you do not accept the notified changes you may not be permitted to continue to use the Application.