Terms & Conditions

OVERVIEW

The XClub has been curated for you by vivo Mobile India Private Limited (hereinafter referred to as vivo) and powered by Club Concierge Services (India) Private Limited (herein after referred to as "CC"). Throughout the app, the terms “we”, “us” and “our” refer to Club Concierge Services Private Limited and its partners and affiliates. vivo along with CC offers this app, including all information, tools and services available from this app to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here below. By downloading and using our app and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the app, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content. Please read these Terms of Service carefully before accessing or using our app. By accessing or using any part of the app, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the app or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service. Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our app. It is your responsibility to check this page periodically for changes. Your continued use of or access to the app following the posting of any changes constitutes acceptance of those changes.

ONLINE APP TERMS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence, and you have given us your consent to allow any of your minor dependents to use this app. You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your Membership.

GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the app through which the service is provided, without express written permission by us. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this app is not accurate, complete or current. The material on this app is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this app is at your own risk. This app may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this app at any time, but we have no obligation to update any information on our app. You agree that it is your responsibility to monitor changes to our app.

MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products and services are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

PRODUCTS OR SERVICES (IF APPLICABLE)

Certain products or services may be available exclusively online through the app. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy. We have made every effort to display as accurately as possible the colours and images of our products that appear at the store. We cannot guarantee that your phone screen’s display of any colour will be accurate. We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any privilege, product or service at any time. Any offer for any product or service made on this app is void where prohibited. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. You agree to provide current, complete and accurate purchase and account information for all purchases made on our app. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. For more detail, please review our Returns Policy.

OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the app is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). We may also, in the future, offer new services and/or features through the app (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

THIRD-PARTY LINKS

Certain content, products and services available on our app and via our Service may include materials from third parties. Third-party links on this app may direct you to third-party apps and/or websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or apps, or for any other materials, products, or services of third parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party apps. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments. We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service. You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related app. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

PERSONAL INFORMATION

Your submission of personal information through the app is governed by our Privacy Policy.

ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our app or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product/service descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related app is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information in the Service or on any related app, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related app should be taken to indicate that all information in the Service or on any related app has been modified or updated.

PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the app or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related app, other apps, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related app, other apps, or the Internet. We reserve the right to terminate your use of the Service or any related app for violating any of the prohibited uses.

DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you. You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. In no case shall vivo India Pvt. Ltd., Club Concierge Services (India) Pvt. Ltd, our directors, partners, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

INDEMNIFICATION

You agree to indemnify, defend and hold harmless vivo Mobile India Pvt. Ltd., Club Concierge Services (India) Pvt. Ltd. and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our app. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and any policies or operating rules posted by us on this app or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Bengaluru, Karnataka, India.

CHANGES TO TERMS OF SERVICE

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Bengaluru, Karnataka, India.

CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our app. It is your responsibility to check our app periodically for changes. Your continued use of or access to our app or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at xclub.support@concierges.in.

ADDITIONAL TERMS & CONDITIONS

PREMIUM CLUB ACCESS

CLUB SOCIAL® (hereinafter referred to as CLUB SOCIAL) membership will provide access to members to select social and family clubs in the country and worldwide on the following terms & conditions:

A. MEMBERSHIP

1. CLUB SOCIAL® MEMBERSHIP: Membership allows free request for admission for the member (hereinafter referred to as member) to the member clubs which agreed to be part of the network. The membership is issued strictly by invite and for select individuals only. The list of member clubs may change at any time; the current list’s availability cannot be guaranteed, for example if the club is under renovation. If a club is hosting a private event, entrance may be denied. Admission to the club can be refused in particular, but not limited to, due to minimum age restrictions, improper dress or unacceptable conduct. CLUB SOCIAL cannot be held responsible if member clubs refuse entry. CLUB SOCIAL cannot be held responsible for disputes that may occur between the member and a third party.

2. CLUB SOCIAL MEMBER MEMBERSHIP: The CLUB SOCIAL Membership is personal, nontransferable and may not be used by any person other than the registered member. The member must provide proof of identity on request.

3. TRAVEL, HOTELS, FOOD & DRINK ETC.: CLUB SOCIAL is not responsible for any additional services except those set out in clause #1 above. Specifically, CLUB SOCIAL is not responsible for any costs for travel, accommodation, food and drink in connection with member events. If CLUB SOCIAL will be charged for any kind of costs caused by a member, in particular, but not limited to, for no shows, failure to meet the minimum consummation, CLUB SOCIAL shall be entitled to debit the respective amount to the /account.

4. CONTRACT REVOCATION: CLUB SOCIAL reserves the right to withdraw the facility to any member at its own discretion.

5. CONTRACT DURATION: The membership is valid up to and including the expiry date as per the membership category. Cancellation, if any, has to be received by registered letter or through email to support@theclubsocial.com. Both parties must confirm the cancellation in writing, either via e mail or postal service. CLUB SOCIAL reserves the right to review and change the membership terms at any time.

6. PERSONAL DATA: The member must promptly communicate every change of name, address, mobile telephone number or email details to CLUB SOCIAL. The club member can choose to post his personal profile online. Through this membership, the member explicitly agrees that CLUB SOCIAL may share his/her personal data with selected partners for advertising, promotion and marketing purposes.

7. EXCLUSION: CLUB SOCIAL reserves the right to deny member applications without giving reasons. Possible reasons for denial are in particular, but not limited to, unacceptable behavior in our member clubs or misuse of the personal, nontransferable Membership. If the membership is abused in any way, CLUB SOCIAL reserves the right to terminate the membership with immediate effect. In the event of abuse, the CLUB SOCIAL Membership may be revoked and will be returned to the member only after an acceptable explanation has been provided.

8. MEMBER CLUB VISITS:

8.1 All Member club visit requests shall be made through its app booking request tool.

8.2 Member visit requests for participating clubs shall be made at least 2 - 14 days in advance and are based on space availability as determined by the host club.

8.3 Members of CLUB SOCIAL may not contact the host club directly to request for access. Doing so will result in the termination of membership privileges.

8.4 All Members will be charged the standardized fee of the host club, and any other normal customary charges paid by the members of the host club. Individual members shall be aware that the facilities and services of other Member Clubs may be different in each case.

8.5 Individual members using the provisions of Club Social purposes upon checking in at the host club.

8.6 Each host club, at its discretion, will determine whether guests may accompany CLUB SOCIAL members and the associated guest fees.

8.7 At some clubs, individual may not be able to use another Member Club, if they reside in the same city. Individuals must observe all guest policies when they visit other Member Clubs.

8.8 The staff of the host club shall have complete control of assigning facility usage based upon request of customer service centre.

9. CONTRACT ADJUSTMENTS: CLUB SOCIAL reserves the right to alter these Terms and Conditions, in whole or partially at any time without prior notice. All such changes will be notified to the members by email.

10. APPLICABLE LAW AND PLACE OF JURISDICTION: The contractual relationship between CLUB SOCIAL and the member shall in all respects be governed by the laws of courts of Bangalore, India, including all matters of construction and validity.

B. TERMINATION

1. In the event of misuse of the membership, we, Club Social® reserve the right to exclude the member(s) in question from the programme. Such misuse may include, but is not limited to, behavior which is troublesome or shows a lack of respect towards staff, partners or clubs, criminal actions or actions that are generally regarded to be immoral, unethical or contrary to these membership terms and conditions.

2. We, Club Social® reserve the right without prior notification to individual members, to change the terms and conditions as deemed fit for the membership programme. Any such changes will be published on the web- app and will be in effect 14 days after these changes are announced, unless otherwise stipulated. Members are responsible for keeping themselves informed about any changes to the membership terms and conditions.

C. PAYMENT TERMS

1. After a booking is made, it may take up to 3-7 working days (14 days for international Club Bookings) for us, Club Social® to confirm the same to you, so members are encouraged to make all bookings in advance. We will endeavor to do so at the earliest.

D. PRIVACY

1. In respect of any and all personal data you provide to us as part of your membership, we will be the data controller. For the purposes of data protection, we agree to comply with the principles of data protection as per law and our obligations thereunder.

2. You agree that we may share:

2.1 Your personal data with partner clubs for the purpose of facilitating your bookings.

2.2 Usage data available with us for the sole purpose of improving our service to you.

3. You further agree that we may use the contact details provided by you to communicate with you in relation to your membership.

E. LIMITED LIABILITY & INDEMNITY

1. We do not operate the facilities at the Partner clubs and will not be liable for:

1.1 The security, safety or appropriateness of the facilities. The accuracy of any content or material which is listed on the (URLs, location or contact details), or any reliance placed by you on such content or material.

1.2 Any direct, indirect or consequential loss, injury, damage or inconvenience you may suffer as a result of:

1.2.1 The act or omission of any partner club or any failure by the partner club to perform to comply with the terms of any booking.

1.2.2 Your use of the facilities (or any other activity you undertake) at the partner clubs.

1.2.3 Your inability or incapacity (for whatever reason, including without limitation, ill or unfit health) to use the facilities.

2. You agree that you are fully aware of any and all risks and hazards associated with participation and use of the facilities. To the fullest extent permitted by law, you hereby release, hold harmless, and forever discharge, sanctify Partners, and each of our employees and agents, from any and all liability in relation to bookings, use of facilities and travel to and from partner clubs to avail of facilities.

3. We will not be liable for any direct, indirect or consequential loss or damage incurred by you in connection with the app/app or the making of bookings by you on the app/app, including, without limitation: loss of income or revenue; loss of business; loss of profits or contracts; loss of anticipated savings; loss of data; loss of goodwill; wasted management or office time; and for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

4. Nothing in these terms shall exclude our liability for death or personal injury caused by our negligence or fraudulent misrepresentation.

5. Whilst we take every care to maintain the continuity of the app/app, the internet is not always a stable medium, and errors, omissions, interruptions of service and delays may occur at any time. We do not accept any liability for any app downtime, or your inability to make bookings as a result, and you agree that we shall have no obligation or responsibility to operate the App or any part of it.

6. We will not be in breach of these terms, or otherwise liable for any failure or delay in performance, arising from any circumstances beyond our reasonable control including, without limitation, strikes, lockouts and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident.

7. Other terms and conditions may apply.

XCLUSIVE EXPERIENCES

1. The acceptance of a service request is subject to the payment of an advance amount as specified by CC. The User is entitled & willing to receive an acknowledgment (form / email) for any monies or other valuables handed over to an authorised staff of CC.

2. The acceptance of a service request does not guarantee fulfilment of the request.

3. CC will not be held responsible for any acts, omissions or errors or consequences thereof, of such Third Party Service Providers.

4. CC, its staff or its affiliates will not be held responsible, liable for an inconvenience, loss or damage (direct or indirect) caused to anyone by its acts, omissions or errors, in its attempt to fulfil any of the services.

5. CC, at its sole discretion, may accept requests / instructions from the User over the telephone and any other method that does not require the customer’s instructions in writing. CC does not guarantee to conduct security or identification checks on such instructions. Consequently, the customer accepts the risk that CC may accept, and process instructions purported to be issued by the User. CC will not be held liable for any loss or other consequences of acceptance of such instructions.

6. In addition, to the value of the service request, CC may levy handling, vendor and other charges to every service request, which may vary from time to time, without prior notice. The User accepts the responsibility to enquire / be advised of these charges. The User accepts to pay the full amount (inclusive of all charges), on demand to CC. CC reserves the right to prevent the User’s use of the services and also proceed in any manner available to CC to recover the outstanding payments from the User.

7. The User accepts the responsibility to exercise due diligence in the acceptance of the services and to take all necessary precaution to protect life and property wherever applicable, during the fulfilment of the service request. CC will not be responsible for any loss or injury caused by virtue of the customer utilising the services of CC, its staff or affiliates.

Service Changes and Cancellations

All cancellations will be subject to the respective cancellation policy of the experience / event requested for by the User.

If in case any issue with a request

At CC, we make every effort to ensure that you receive excellent service. If, at any time, you experience problems with a request, please let us know / please write us on xclub.support@concierges.in or use call back option in the App.

Please note; we are unable to entertain any complaint for perishable products like fresh flowers, cake, etc. after 24 hours from the time of delivery.

Shipping & Delivery Policy

At CC every product and service is personally handled by an industry professional, and we make every effort to process and fulfil your request as quickly as possible.

Lead times for booking and delivery of tickets will be on a case to case basis, dependent on the respective Experience / Event booking.

Regretfully, we are unable to guarantee completion of request to rural route addresses. To request a specific delivery time or specific information, please provide your special Instructions in additional information field at the time of placing the request. We will do our best to accommodate your preferences.

Before major holidays, we recommend that you place your request at least 15 working days in advance or as specified in the description of the respective Experience / Event, whichever is earlier. You acknowledge that requested delivery dates are non-binding estimates only and that you have no claim against us for any delays or early deliveries. We reserve the right to make deliveries in instalments, which shall not relieve you from your obligation to accept and pay for remaining deliveries. Our service providers do not telephone/reach out to you prior to delivering packages, and we cannot guarantee the time of delivery. All tickets / products / services are deemed accepted upon our delivery of the same to you or your designated recipient’s address.

CC is not responsible for:

1. Any services delivered to incorrect addresses supplied by the User.

2. Unsuccessful deliveries arising from the recipient not being present at time of delivery at the address supplied by the sender.

3. Decreased product / service quality due to an incorrect delivery address supplied by the User, or a re-route requested by the sender.

4. Ticket / Product quality problems caused by improper handling by the recipient.

If Customer Not Home Policy

If you have specific instructions for the delivery of your tickets / product / service, please note them in the additional information field during placing request. In all other cases, if the recipient is not at home when CC attempts a delivery, they will either:

1. Call the recipient to schedule an appropriate delivery time.

2. Leave a note on the recipient’s door asking them to contact CC to schedule a delivery time.

3. Leave your delivery with a neighbour and place a message on the recipient’s door with this information.

Payment Options

CC uses the Industry’s leading security technology to ensure that your request will be safe and secure. For your convenience, CC accepts payments made through Visa, MasterCard, UPI, NEFT.

Support Order-Related E-mails

Shortly after you place a request, you will receive a request confirmation e-mail. Please put this in a safe place, as it will include all the details of your order, including an order number, in the event you need to contact us. To show our appreciation, you will receive a confirmation e-mail from us when your request is completed.

Redirection Policy

The delivery will NOT be redirected / redelivered to any other address in any circumstance.

What you should know about Courier Deliveries

Domestic: All courier orders are carefully packed and dispatched from our partners. Soon after the order has been dispatched, you will receive a tracking number that will help you trace your product/service. Any other levies, taxes or duties enforced by the government would be charged extra, if and as applicable at the delivery location.

International: All parcels are shipped from our partners. Once the parcels are shipped, you will receive a tracking code to help trace the order. Any other levies, taxes or duties enforced by the government would be charged extra, if and as applicable at the delivery location.

In the event the address provided is wrong, we regret to inform we will be unable to deliver your tickets / product / service. Courier partners sometimes have some delays due to holidays and strikes. We try our best to use the best services, but some delays are unavoidable.

Pricing Policy

All prices listed on the app are subject to change. In the event a product / service (including, but not limited to, tickets to events / experiences) is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers, we shall have the right, prior to the acceptance of your order, pursuant to our Order Acceptance Policy described below, to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, we shall immediately issue a credit to your credit card account in the amount of the charge.

Please note that the colours of items and products may depend on your monitor and may not be correctly displayed.

The availability of products and other items on the app may change at any time, without notice.

Order Acceptance Policy

Your receipt of an electronic or other form of request confirmation does not signify our acceptance of your request, nor does it constitute confirmation of our offer to sell. We reserve the right at any time after receipt of your request to accept or decline your request for any reason. We reserve the right at any time after receipt of your request, without prior notice to you, to supply less than the quantity you ordered of any item. We may require additional verifications or information before accepting any request. Notwithstanding the foregoing, you agree that, if we cancel all or a portion of your request or if we provide you less than the quantity you ordered, your sole and exclusive remedy is either (a) we will issue a credit to your credit card account in the amount charged for the cancelled portion or the quantity not provided (if your credit card has already been charged for the order) or (b) we will not charge your credit card for the cancelled portion of the order or the quantity not provided.

Payment Terms

For each product or service you request on the app, you agree to pay the price applicable for the product or service (including any sales taxes, surcharges and any delivery fees for the delivery service you select) as of the time you submitted the request.

Holiday Policy

Local Public Holidays

Please be aware that CC cannot guarantee delivery on Public Holidays in the state or country of the delivery location. Please check the Public Holidays listing by the government of the recipient’s country / city before placing your request.

Any complaints must immediately be addressed to CC to the attention of the X Concierge® team or via email to xclub.support@concierges.in

AIRPORT PRIVILEGES

Airport Lounge

1. General

1.1 "Lounge Facilities" means the provision of a waiting area in the Airside/Landside area of the Airport with seating and refreshment facilities including (facilities in different locations may vary):

(a) Hot showers facilities including amenities;

(b) Food and beverages;

(c) Use of computers to access the Internet;

(d) DVD / VCD movie viewing (at selected locations only);

(e) Selection of local / International magazines and newspapers;

(f) Power and Internet connection for travelers with laptop computers;

(g) Mobile/laptop battery recharging facilities;

(h) Telephone for local calls

(i) Flight Information

1.2 "Airport" means the airport from which the Customer is traveling.

1.3 "Charges" means the charges paid by the Customer to vivo XClub App Airport Lounge services in respect of Lounge Facilities offered on the App

2. Formation of Contract

2.1 The Lounge Facilities are provided by vivo XClub App Airport Lounge services subject to these terms and conditions, which the Customer shall indicate and qualify acceptance of by booking the Lounge Facilities and paying the Charges.

3. Lounge Facilities

3.1 All specifications, descriptions, drawings, photographs, or illustrations of the Lounge Facilities and any advertising matter and sample books are only intended to serve as a guide and not to be relied upon by the Customer or treated as binding or as forming part of these conditions or any contract with the Customer.

3.2 vivo XClub App Airport Lounge services shall use its reasonable endeavors to provide the Lounge Facilities during the hours advertised for each Airport but reserves the right to vary the hours of operation or close the executive lounge due to refurbishment, relocation, or otherwise in which case an alternative executive lounge facility will be provided, or a refund of the charges will be made at the discretion of vivo XClub App Airport Lounge services. In the unlikely event that entry to the Lounge Facilities is refused due to capacity constraints, the Customer will receive a complimentary voucher for their next visit to the lounge.

3.3 Vivo XClub App Airport Lounge services shall use its reasonable endeavors to ensure a suitable environment is maintained in the Lounge Facilities including but not limited to keeping the area where Lounge Facilities are provided clean and tidy, ensuring staff is on hand to respond to any queries and ensuring the removal from the lounge area of any persons whose behavior is unsuitable.

3.4 vivo XClub App Airport Lounge services shall have the right to refuse a Customer entry to the Lounge Facilities for any Statutory, or regulatory of Airport policy reasons including but not limited to health and safety policies or fire regulations.

3.5 To maintain Customer expectations, children are not permitted to use the Lounge Facilities in certain Lounges. Please check the individual Lounge information on this app for details. If children are permitted access to the Lounge, they should be accompanied in all Lounges Facilities by a Customer over the age of eighteen years at all times.

4. Charges

4.1 Charges payable for the Lounge Facilities shall be as stated in the vivo XClub App Airport Lounge services' menu (current at the date of booking).

5. Terms of Payment

5.1 Customers shall make payment for the Lounge Facilities when booking by entering the details on the vivo XClub App.

5.2 Unless otherwise agreed in writing, the Customer shall not be entitled to get any discount.

5.3 A transaction fee (“Fee”) could be imposed on your total transaction amount by the card-issuing bank. You shall be solely liable to pay the Fee. We are not responsible for any liabilities arising from non-payment of the Fee.

6. Customer's obligations

6.1 The Customer shall ensure that he is at all times appropriately dressed and shall behave appropriately. The lounge provider with whom vivo XClub App Airport Lounge services has entered into an arrangement for the provision of Lounge Facilities reserve the right at their sole and absolute discretion to refuse entry or to remove any customer whose behavior or mode of dress is considered by Lounge Provider to be unsuitable or is likely to offend other customers.

6.2 Customers must not remove food and/or drinks from the Executive Lounge Facilities and will be asked to refrain from consuming food and/or drinks in the Lounge Facilities other than food and/or drinks provided in the Lounge Facilities.

6.3 The Customer agrees to adhere to any no-smoking policies in operation in any of the Lounge Facilities.

6.4 Complimentary bookings, including redemption bookings are non-cancellable and non-modifiable.

6.5 For lounge facilities reservation and cancellation, the customer must reach out to customer support at xclub.support@concierges.in, the customer agrees to adhere to the cancellation policy mentioned on the booking confirmation.

7. Limitation on Liability

7.1. vivo XClub App shall under no circumstances be liable for any indirect, special, or consequential loss, including but not limited to loss of profit, loss of contract, loss of revenue, or loss of business, however arising whether in contract, tort (including negligence) or statutory duty or otherwise.

7.3 The customer is aware vivo XClub App is only an aggregator and is offering a platform to reserve Third Party services. The customer agrees to adhere to the individual lounge policy

7.2 vivo XClub App does not exclude loss arising from death or personal injury caused by negligence.

7.3 Subject to clause 7.2 above, the aggregate liability of vivo XClub App A, (whether in contract, tort (including negligence) or breach of statutory duty, or otherwise) to no circumstances shall exceed the Charges paid by the Customer for the Lounge Facilities.

7.4 vivo XClub App Airport Lounge services shall under no circumstances be liable for any Customer failing to board his flight and neither vivo XClub App Airport Lounge services nor any third-party lounge provider with whom vivo XClub App Airport Lounge services has entered into an arrangement for the provision of Lounge Facilities has any obligation to make flight announcements.

7.5 vivo XClub App Airport Lounge services shall under no circumstances be liable or responsible for the personal belongings of any Customer, and a Customer shall take personal belongings into the Lounge Facilities area solely at his own risk.

7.6 All information, recommendations, and advice given by or on behalf of vivo XClub App Airport Lounge services to the Customer regarding Airport services or flight details are given without liability on the part of vivo XClub App Airport Lounge services.

7.7 The Customer shall fully indemnify and compensate vivo XClub App Airport Lounge services, its employees, sub-contractors, and agents in respect of all actions, suits, claims, demands, costs, charges, or expenses arising (whether asserted by the Customer or third party) out of or in connection with the provision of the Lounge Facilities which:

(a) are more than vivo XClub App Airport Lounge services' liability set out in clause 7.3 above; and

(b) are caused directly or indirectly through the act or omission, wilful misconduct or negligence of the Customer.

8. Force Majeure

8.1 vivo XClub App Airport Lounge services shall not be liable to the Customer for any loss or damage caused to or suffered by the Customer as a direct or indirect result of the provision of the Lounge Facilities by or on behalf of vivo XClub App Airport Lounge services being prevented, restricted, hindered or delayed because of any circumstances outside the control of vivo XClub App Airport Lounge services.

Airport Cabs

ELIGIBILITY

You will be “Eligible” to use the Services only when you fulfill all of the following conditions: (i) You have attained at least 18 (eighteen) years of age.

SERVICES

The Services allow you to send a request through vivo XClub platform to a Driver on the third-party marketplace service providers. The Driver has sole and complete discretion to accept or reject each request for Service. If the driver accepts a request, vivo XClub App notifies you and provides information regarding the Driver - including the Driver Name, Vehicle Number, telephone contact details of the Driver, and such other details as vivo XClub may determine.

vivo XClub App shall procure reasonable efforts to bring you into contact with a Driver, subject to the availability of a Driver in or around your location at the moment of your request for such services.

vivo XClub bears no responsibility and liability for delays and losses suffered by you or caused to you as a consequence of the breakdown of the Vehicle or the Substitute Vehicle.

CONFIRMATION OF BOOKING

vivo XClub shall, upon receiving the booking request from you in the manner set out above, proceed to confirm or decline the booking based on the availability of Vehicles at the pickup time, which shall be informed to you vide an SMS or email/notification. In the event the booking is confirmed, you shall check the booking details including but not limited to pick up time and pick up place, and if there is incorrect detail, the same needs to be informed to us immediately by calling our call center.

You shall bear the consequences and damages for any delay that may be caused to you due to your failure to check the confirmation SMS or email/notification or failure to inform X Concierge® of the incorrect details immediately.

PAYMENT

Third-party cab service providers shall charge amounts as may be informed to you by the third-party service providers if you opt for such services, from time to time. You shall be required to pay such Additional Fee, which will form part of the receipt of the Total Ride Fee.

In addition to the Total Ride Fee, you may be required to pay such other charges incurred by you during the Ride in cash i.e. Toll Charges, Municipal Taxes which are not included in the receipt of the Total Ride Fee.

The Total Ride Fee will be collected by the Driver or vivo XClub from you at the end of the Ride or as per the payment option selected by you. All applicable taxes in respect of the Fare, Convenience Fee, Additional Fee, Cancellation Fee shall be borne and payable by You to the Third-party service providers or vivo XClub, as the case may be.

CANCELLATION POLICY

You agree and acknowledge that you may cancel your request for a Vehicle on the app at any point in time subject to a Cancellation Fee. You shall be notified of the applicable Cancellation Fee in advance whenever You attempt to cancel a booking/service request. The notification shall be on the web application and/or the App.

CUSTOMER RELATIONSHIP MANAGEMENT

All issues, opinions, suggestions, questions, and feedback while availing of our Services shall be communicated to us through the email address xclub.support@concierges.in. In case of a Ride booked on our web application, you shall be required to rate the Ride after its completion. You agree to be fair, accurate, and non-disparaging while leaving comments, feedback, testimonials, or reviews on or about the Rides or Services.

Reporting of any issue needs to be within 7 (seven) days of the issue, failing which, such issue will not be addressed.

Any issue reported on channels other than the above may be addressed by vivo XClub only on a best-effort basis. vivo XClub takes no liability for the inability to get back on other channels.

INDEMNIFICATION

By accepting these User Terms and using the Service, You agree that You shall defend, indemnify and hold vivo XClub, its affiliates, their licensors, and each of its officers, directors, other users, employees, attorneys, and agents harmless from and against any claims, costs, damages, losses, liabilities, and expenses (including attorneys' fees and costs) arising out of or in connection with: (a) Your violation or breach of any term of these User Terms or any Applicable Law or regulation, whether or not referenced herein; (b) Your violation of any rights of any third party, including the Third-party service providers \or (c) Your use or misuse of the web application or Service.

LIABILITY

vivo XClub shall not be liable for flights as the Service is dependent on many factors not in vivo XClub’s control. You must book Your Ride after taking into account the check-in time, traffic and weather conditions, political rallies, natural calamities, traffic barricades, car breakdowns, and other unexpected delays.

In the event, there is a delay by the Vehicle in reaching the pickup location beyond 30 (thirty) minutes of the pickup time, vivo XClub shall only endeavor to get You in touch with the Driver assigned for Your Ride.

You shall take full responsibility for Your items and luggage. In case of lost items inside the vehicle during the journey, vivo XClub will try to locate the items on a “best-effort” basis but is not responsible for the same in case of loss or damage to the same.

vivo XClub will not be responsible for the appropriateness of mobile or email or any other communication medium. You shall be responsible for immediately reporting the errors, if any, that occurred in the information sent to You regarding a booking confirmation.In no event shall vivo XClub be liable for any direct, indirect, punitive, incidental, special, or consequential damages or any damages whatsoever, whether based on contract, tort, negligence, strict liability, or otherwise, even if vivo XClub has been advised of the possibility thereof.in addition, and without limiting the foregoing, to the fullest extent permitted by applicable law, in no event will vivo XClubs' aggregate liability arising out of or in connection with these user terms or the services rendered hereunder, whether in contract, tort (including negligence, product liability, or other theory), warranty, or otherwise, exceed the amount of total transaction value for the ride.

vivo XClub service is brought to you by vivo XClub App marketplace partners. All liabilities arising out of customer availing of vivo XClub service or related services offered on the platform will be the sole responsibility of the respective service provider chosen by the customer.

DISCLAIMER

You agree that vivo XClub is merely an electronic marketplace platform to facilitate the aggregation of Vehicles via the third-party service providers and does not in any manner provide transportation services. vivo XClub does not endorse, advertise, advise or recommend you avail the Services of any Driver. vivo XClub also does not guarantee or assure respect of the behavior, actions, or data of the users posted on the App.

vivo XClub and their representatives, officers, employees, agents, and contractors shall not be liable for any loss, damage, claim, expense, cost (including legal costs), or liability arising directly or indirectly from Your use or non-use of the Service or the App, or Your reliance upon the Service or the information contained upon the App (whether arising from vivo XClub or any other person's negligence or otherwise).

Airport Meet & Greet

A booking becomes legally binding when the Vivo XClub App partner sends the confirmation voucher via email.

Bookings are required to be made 48 working hours in advance of your departure / arrival time

Charges for our services are payable in full when a booking is made. Cancellations and amendments are subject to our Amendments, Refund & Cancellation policy.

vivo XClub App Services are provided by third-party organizations (“Suppliers”). There may be specific rules and policies in place at certain airports. By using vivo XClub App Services, you agree to be bound by these specific rules and policies.

We will use reasonable actions to ensure that the services are provided as advertised, but We do not warrant or guarantee this, and We are not liable for any loss to you or any co-traveler, arising directly or indirectly from the provision or non-provision (whether in whole or in part) of the advertised service.

Any special additional wishes that are not part of the booked service package, will be separately charged.

Unless otherwise confirmed by Us in the Terms of Service, vivo XClub App Services do not include entry to any airport lounge. Airport Lounge access may be available at selected lounges and select airports subject to an additional charge.

The booking made on vivo XClub App is not transferable.

All services provided by vivo XClub App are subject to availability.

Force Majeure Circumstances

Airports worldwide can witness unforeseen security restrictions being imposed by the Government, Airport Authorities, or Security agencies, due to certain security situations at the Airport or even for undisclosed reasons. In such cases, all the Airport Assistance services can be suspended without prior notice. This can lead to the inability to provide the booked services. But in such scenarios, you will receive a full refund of the Booking Fee.

In certain cases, delays and cancellations may result from factors beyond our or our suppliers’ control such as the weather, accidents, governmental restrictions, and other events of force majeure. In such cases, our liability is limited to the re-performance of the canceled vivo XClub App service. In exceptional circumstances, a refund or partial refund may be given at our discretion and/or the discretion of the supplier of the vivo XClub App services concerned but it is not guaranteed.

Clients are required to realize that the immigration and customs facilities are independent units. Consequently, each unit imposes its regulations that must be followed and fulfilled. While completing the regular procedures of these units, clients will have to carry and transfer their documents and personal belongings for security checks. The passenger will be escorted by a greeter through this process. However, the greeter is not allowed to intervene.

Kindly note that the immigration, airlines, and airport meet and greet service provider are three different entities, as a result, any potential delay, border rules changes, cancellation, or airlines rejection to PAX entrance into a specific country and/or boarding the plane will be accordingly applied to the airport meet and greet terms and conditions. The airport meet and greet team will not be held responsible for the decisions of the customs, airlines, or immigration.

Please be noted that the availability of service and airport regulations are flexible and may be adjusted anytime without any prior notice due to the current situation.

The onus of the User/ Customer

You acknowledge and agree to read and abide by the Terms of Service, as these define what services are included within the vivo XClub App Services for your specific journey.

Bookings containing incorrect Customer details, flight details, terminal details, and/or product selection may be considered void by us.

You acknowledge and accept that it is your sole responsibility to ensure that the information supplied in your Reservation Request is correct. We will not be responsible in any circumstances for incorrect, incomplete, or similar information supplied at the time of booking including but not limited to dates, flight numbers, arrival or departure times.

Further, you acknowledge and accept that it is your sole responsibility to ensure that the contact details you provide when making your Reservation Request (including but not limited to the email address and contact telephone number) are complete, valid, and correct. We will not be responsible should an incorrect, incomplete, or invalid number or contact details be given.

Your booking will cover you and any co-travelers booked and confirmed by us on your behalf, for the services to be provided by Supplier’s representative (“Representative”) at the airport for a certain maximum number of hours, which will be detailed in the Terms of Service.

vivo XClub App Services for children and the fees vary across the Suppliers, Customers are advised to check with Us

If you require the services of the Representative for additional hours, then this must be arranged directly with the Representative on the day of the service and will incur an additional payment.

The Representatives are not insured, contracted, or similar, to carry or store your baggage. Unless specifically stated as being included in the Terms of Service any porter charges are not included in the vivo XClub App Services and you will be solely liable for such charges.

vivo XClub App Services are only available to eligible Customers. Prices do not include any additional travelers not named at the time of booking. Such persons are subject to an additional charge if they accompany the Customer(s).

For departure services, it is your responsibility to book a time for your arrival at the airport that allows sufficient time for the service to take place and for all procedures (check-in, security clearance, etc.) to be completed in good time for you to catch your flight.

Payment Terms

The customers will make payment on vivo XClub App for their desired services of Airport Meet & Greet

Payment terms for any services excluded from the vivo XClub App Services will be payable directly to the Supplier and the payment terms of the Supplier will be applied.

We reserve the right not to fulfill your booking if your payment method is declined for any reason or if the payment method has been used fraudulently or without the cardholder’s permission or if you are under the age of 18.

vivo XClub App Terms & Conditions Update

Clients are required to realize that the immigration and customs facilities are independent units. Consequently, each unit imposes its regulations that must be followed and fulfilled. While completing the regular procedures of these units, clients will have to carry and transfer their documents and personal belongings for security checks. The passenger will be escorted by a greeter through this process. However, the greeter is not allowed to intervene.

Kindly note that the immigration, airlines, and airport meet and greet service provider are three different entities, as a result, any potential delay, border rules changes, cancellation, or airlines rejection to PAX entrance into a specific country and/or boarding the plane will be accordingly applied to the meet and greet terms and conditions. The airport meet and greet team will not be held responsible for the decisions of the customs, airlines, or immigration.

Please be noted that the availability of service and airport regulations are flexible and may be adjusted anytime without any prior notice due to the current situation.

Identification

You are required to provide full and accurate personal information and contact details when making a Reservation Request and you must notify us of any change in the information you have provided (for example if you change your mobile telephone number).

If you provide incorrect information this may invalidate your Booking and entitlement to any refund.

You acknowledge that our use of confirmed vivo XClub App Airport Meet & Greet Services is conditional upon the presentation of the correct Final Booking Confirmation to the Representative.

The VIP Greeters will be holding a NAME SIGN with the passenger’s name. The client must then identify himself or herself to the VIP Greeter within an appropriate amount of time (until deplaning has been completed), this will be considered as NO SHOW and full charges will be applied.

Indemnification

You agree to indemnify and defend vivo XClub App and its suppliers from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties, or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by:

you or on your behalf in excess of the liability described above; or

by third parties as a result of

your breach of this agreement or the documents referenced herein;

your violation of any law or the rights of a third party; or

your use of this App

SIGNATURE STAYS

1. An Electronic Confirmation Voucher (e-CV) would be sent to confirm bookings.

2. Booking is non-transferable and valid for only one Confirmation Voucher (CV). Cancellation and refund policy of the hotel booked will apply.

3. Please carry the Confirmation Voucher with you to the hotel / resort and present it at the time of checking in along with your photo identity card-this will enable us to honour the reservation confirmation.

4. The standard check-in and check-out time vary from hotel to hotel. Early check-in or late check-out is strictly subjected to availability and may be chargeable by the hotel. Any early check-in or late check-out request must be directed and reconfirmed with hotel directly.

5. The age of the primary guest must be at least 18 years old to be able to check into the hotel.

6. Signature Stays rates do not include additional personal expenses like telephone charges, meals that aren't part of the meal plan, any hotel services partner uses (like laundry and room service) or tips. The hotel will charge User directly for these when he is checking out.

7. It is mandatory for guests to present valid photo identification at the time of check-in. According to government regulations, a valid Photo ID has to be carried by every person above the age of 18 staying at the hotel. The identification proofs accepted are Driver’s License, Voters Card, and Passport (passport mandatory for International Holidays). Without valid ID the guest will not be allowed to check in. Note: PAN Cards will not be accepted as a valid ID card.

8. Hotels reserve the right of admission. Unmarried/unrelated couples may not be allowed to check-in in some hotels. Similarly, In some hotels, accommodation can be denied to guests posing as a 'couple' if suitable proof of identification is not presented at check-in. CC will not be responsible for any check-in denied by the hotel due to the aforesaid reason. No refund would be applicable in case the hotel denies check-in under such circumstances.

9. Hotels may collect certain taxes or levies directly at the time of check in. All additional charges (including mandatory meal surcharges) need to be cleared directly at the hotel by the User.

10. Please note that it takes minimum of 4 to 8 working hours to confirm a reservation at the hotel for same day check-ins.

11. Some Hotels may not allow local residents as guests to check-in. This is strictly subjected to the Hotel Policies and CC will not be responsible for such check-in denials.

12. Hotel rules and regulations including check in time, etc. apply accordingly.

13. Any additional costs beyond that provided clearly to the User would need to be settled by the guest on check out at the hotel.

CURATED DEALS

1. Definitions

Merchants/Stores/Retailers are the eCommerce apps where you are transacting, and they deliver the products/services to you. They give us a commission/payout/referral fee for valid transactions (as tracked through them or via the affiliate ad networks) and we share most of that commission as cashback with Affiliate Ad networks are the networks like Optimise, Admitad, Cuelinks, DCM, icubeswire and others one who enables tracking for completed transactions with the eCommerce stores.

2. Our Service Introduction

vivo XClub App enables registered users to be able to get savings in the form of discounts / cashbacks on transactions completed on online retailers/merchants' apps or on their mobile apps where tracking is enabled (currently Amazon, Flipkart, Snapdeal, ShopClues & many more). In addition to these discounts / cashbacks, we also provide information about other offers/sales/discounts/deals/coupon codes from merchants/stores as well as from Banks for online transactions. We also provide you information about prices of products in many categories for some of the top stores like Flipkart, Snapdeal, Amazon, ShopClues, and many more. The prices are the ones that we obtain using our automated software crawlers/scrapers from the eCommerce apps or via the price/product feeds sent by the e-commerce apps directly or through affiliate ad networks. While it is our best effort to keep the prices listed on our apps up to date, however, the eCommerce apps may change their prices more often than we can update our prices, and thus there sometimes be a difference in prices listed on our app and the eCommerce app as well as differences in the prices on their apps and their mobile apps, however, you will always be able to see the most updated price on the eCommerce apps once you are redirected there. We will enable an intelligent comparison of offers by enabling you to see the best combination of offers.

3. Your membership Information

We enable registration for our service on the mobile app using a phone number. We can only provide vivo XClub App cashbacks in the form of Flipkart Gift Vouchers and Paytm Recharge/Bill Payments/Movie Tickets Cashbacks in the form of Paytm Cash. You must be above 18 years of age to be able to use our mobile app. Important: You must ensure that you use the correct information (email address, mobile number, etc.) to register for the service. We only allow one account per person (we use multiple criteria to qualify unique users like email address, mobile number, serial number for mobile app amongst other criteria) and change in email address & phone number is not permitted, hence you must ensure that you have access to the email address that you use to register for the service. In case you lose access to this email address in the future, you will have to register for the service again and will not be able to avail yourself of the vivo XClub App cashbacks in your previous account.

4. Cashback, Price Comparison, and Other Offers

When you complete a valid transaction at one of our partner eCommerce apps (either online or through their mobile browser or mobile application) (PS: Only a few partners like Flipkart, ShopClues give commissions for Mobile app transactions) and once we receive the payout/commission from them for such valid and tracked transactions, then part of this will be passed to you as cashback as per the cashback amount that was communicated on our App as per the payout given to us by the eCommerce app. A valid transaction is defined as one where a registered user was logged in and checked out and completed a transaction on one of our partner apps and if a coupon code was used then it was from our app (Bank Offers which we mention on our app may not qualify for vivo XClub App cashbacks). Please note that whether or not a transaction shall qualify as a valid transaction for Cashback is completely at the sole discretion of the Store or vivo XClub App and our customers have to understand and agree to the same. vivo XClub App cannot be held responsible if the stores or the store's network fail to report a sale to us or does not qualify a transaction as a valid Transaction for cashback. Also, vivo XClub App cannot be held responsible in the event due to some technical, network, or other error we cannot trace a sale back to our customer and do not qualify the transaction as a valid transaction for cashback for any reason whatsoever. Please note that tracking does not work effectively on the mobile for such transactions for mobile web to mobile web or mobile app redirection and thus we cannot be held responsible if you transacted on the mobile web version of our app or the mobile app and the Cashback did not track as several merchants/stores have not yet enabled mobile tracking on their mobile apps / mobile browsers. However, we will on best effort basis only try to display those offers on our mobile app where mobile tracking has been enabled by the stores.

5. Missing Reward Enquiries and Requests

If your vivo XClub App has not tracked in pending status within 72 hours or has tracked at a lower amount, then you may be able to raise a missing vivo XClub App Reward request but only up to 10 days from the date of your transaction as merchants will not answer any queries about tracking vivo XClub App Rewards/Paytm Cashbacks in pending status after 10 days of transacting. While we will make our best efforts in following up with the merchants to track your vivo XClub App Rewards/Paytm Cashbacks, however, the decision of the merchants/stores is final and binding. We also reserve the right to close any missing vivo XClub App Rewards/Paytm Cashbacks claim requests if so, required especially if no purchase has been made or purchase has been canceled. We shall not be liable for any rejected cashback claims or where the amount tracked is lower than expected. The process for tracking missing Rewards requests is that our system will only allow the customer to enter a request for the stores where a click id was generated when the customer clicked out from our App to that store. We save all such Clickout ID's in our database for being able to cross-reference vivo XClub App Rewards/Paytm Cashbacks amounts and such queries, thus if the customer did not click out from our App then they would not be able to raise a missing cashback request for such transactions. Also, most stores will not allow us to raise queries about transactions where the cashback payout has been declined by them or where the amount is different from what the customer expected. We will try our best to raise such queries with the stores but cannot be held responsible if the stores do not support such queries. If the stores do not respond to a particular query for more than 6 months, then we may reserve the right to close such tickets. We may be required to make balance adjustments sometimes for Rewards amounts and reserve the right to be able to do so when we may have given the credit in error or otherwise (whether when the Reward was not genuinely due or when we do not receive the payment from the store or their network/agency for misuse/fraud or other reasons).

7. vivo XClub App Role

vivo XClub App is only a price comparison portal and mobile app which aggregates prices, discounts, offers & coupons. vivo XClub App offers Rewards to consumers is given out of the commission that is shared by retailers/merchants/stores for completed and valid transactions and we are not involved in selling/supplying the actual goods or services and are thus free from any liability, warranty or legal obligations that may apply to the sellers of those goods and services. Thus please note that we are not responsible for any of the below: - The quality, merchantability, safety, or legality of goods and services supplied by partner apps/stores/merchants/retailers- Whether or not the retailers deliver the goods or services to customers as we will only get information from the stores- If price changes happen often on the retailer's apps and are not updated on our App - If the retailers refuse to give the commission for transactions completed by customers as per reasons described above- If stores/banks gave an offer directly or through the affiliate networks which are invalid before their expiry, our customer's must exercise caution while transacting online with retailers/stores. You will release us and our agents from all claims or liability arising out of any of the above issues.

8. Your Conduct

You, the customer must not use the Mobile Application in any way that causes or is likely to cause, the App or access to it to be interrupted, damaged, or impaired in any way. You understand that you, and not the mobile app, are responsible for all electronic communications and content sent from your computer to us and you must use the App for lawful purposes only. You must not use the App for any of the following:

a. For fraudulent purposes, or in connection with a criminal offense or other unlawful activity.

b. To send, use or reuse any material that does not belong to you; or is illegal, offensive (including but not limited to material that is sexually explicit content or which promotes racism, bigotry, hatred, or physical harm), deceptive, misleading, abusive, indecent, harassing, blasphemous, defamatory, libelous, obscene, pornographic, pedophilic or menacing; ethnically objectionable, disparaging or in breach of copyright, trademark, confidentiality, privacy or any other proprietary information or right; or is otherwise injurious to third parties, or relates to or promotes money laundering or gambling; or is harmful to minors in any way; or impersonates another person; or threatens the unity, integrity, security or sovereignty of India or friendly relations with foreign States; or objectionable or otherwise unlawful in any manner whatsoever; or which consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any "spam".

c. To cause annoyance, inconvenience, or needless anxiety.

9. Copyright and Trademarks

Everything located on this App is the exclusive property of the vivo XClub App or used with the express permission of the copyright and/or trademark owner. Any copying, distributing, transmitting, posting, linking, deep linking, or otherwise modifying of this app or any of the microapps without the express written permission of the vivo XClub App, is strictly prohibited. Any violation of this policy may result in a copyright, trademark, or other intellectual property right infringement that may subject the End User to civil and/or criminal penalties.

This App contains copyrighted material, trademarks, and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music, and sound, and the entire contents of the App are protected by copyright as a collective work under the United States copyright laws. vivo XClub App owns a copyright in the selection, coordination, arrangement, and enhancement of such content, as well as in the content original to it. End-User may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part. End-User may download, print, and/or save copyrighted material for the End User's personal use only. Except as otherwise expressly stated under copyright law, no copying, redistribution, retransmission, publication, or commercial exploitation of downloaded material without the express permission of the vivo XClub App or the copyright owner is permitted. If copying, redistribution, or publication of copyrighted material is permitted, no changes in or deletion of author attribution, trademark legend, or copyright notice shall be made. End-User acknowledges that he/she/it does not acquire any ownership rights by downloading copyrighted material. Trademarks that are located within or on the App or otherwise owned or operated in conjunction with vivo XClub App shall not be deemed to be in the public domain but rather the exclusive property of vivo XClub App unless such app is under license from the trademark owner thereof, in which case such license is for the exclusive benefit and use of Vivo XClub App unless otherwise stated.

End-User shall not upload, post, or otherwise make available on this App any material protected by copyright, trademark, or other proprietary rights without the express permission of the owner of the copyright, trademark, or other proprietary rights. vivo XClub App does not have any express burden or responsibility to provide End User with indications, markings, or anything else that may aid End User in determining whether the material in question is copyrighted or trademarked. End-User shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights, or any other harm resulting from such a submission. By submitting material to any public area of this App, the End User warrants that the owner of such material has expressly granted vivo XClub App the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. End-User also permits vivo XClub to access, view and store, or reproduce the material for that End User's personal use. End-User hereby grants the right to edit, copy, publish and distribute any material made available on this App by End User.

The foregoing provisions of Section 5 apply equally to and are for the benefit of vivo XClub App, its subsidiaries, affiliates, Merchants, and its third-party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its behalf.

10. Copyright Policy

vivo XClub App reserves the right to terminate its agreement with any End User who repeatedly infringes third-party copyright rights upon prompt notification to vivo XClub App by the copyright owner or the copyright owner's legal agent. Without limiting the foregoing, if you believe that a copyrighted work has been copied and posted via the App in a way that constitutes copyright infringement, you shall provide vivo XClub App with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyrighted work; (b) identification and location on the App of the copyrighted work that you claim has been infringed; (c) a written statement by you that you have a good faith belief that the disputed use is not authorized by the owner, its agent, or the law; (d) your name and contact information, such as telephone number or e-mail address; and (e) a statement by you that the above information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner's behalf. Contact information for vivo XClub App Copyright Agent for notice of claims of copyright infringement is as follows:

Club Concierge Services (India) Private Limited,

#83 7th Cross 4th B Block Koramangala Bangalore 560034

xclub.support@concierges.in

11. Disclaimer of Warranty

The end-user expressly agrees that the use of this app is at the end user's sole risk. Neither vivo XClub App, its affiliates nor any of their respective employees, agents, merchants, third-party content providers or licensors, or any of their officers, directors, employees, or agents, warrant that use of the app will be uninterrupted or error-free; nor do they make any warranty as to (i) the results that may be obtained from the use of this app, or (ii) the accuracy, reliability or content of any information, service or vouchers provided through this app.

This App is made accessible on an "as is" and "as available" basis. vivo XClub App hereby disclaims any representations, warranties, and conditions, whether express or implied, including, but not limited to, those of title non-infringement, merchantability, and fitness for a particular purpose.

The Merchant, not the vivo XClub App, is the maker, and in most cases, the fulfiller, of the Product and is solely responsible for the Product and its performance.

12. Limitation of Liability

In no event shall vivo XClub App, be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or related to this agreement. In no event will vivo XClub App liability in connection with a vivo XClub App exceed the amounts paid for such vivo XClub App, and total aggregate liability arising out of or related to this agreement shall not exceed the amounts paid by the end-user during the six months preceding the bringing of any claim.

13. Monitoring

vivo XClub App shall have the right, but not the obligation, to monitor the content of the App at all times, including any chat rooms and forums that may hereinafter be included as part of the App, to determine compliance with this Agreement and any operating rules established by vivo XClub App, as well as to satisfy any applicable law, regulation or authorized government request. Without limiting the foregoing, vivo XClub App shall have the right, but not the obligation, to remove any material that vivo XClub App, in its sole discretion, finds to violate the provisions hereof or otherwise objectionable.

14. Privacy

End-User acknowledges that all discussions for ratings, comments, bulletin board service, chat rooms, and/or other message or communication facilities (collectively "Communities") are public and not private communications, and that, therefore, others may read End User's communications without End User's knowledge. vivo XClub App does not control or endorse the content, messages, or information found in any Community, and, therefore, vivo XClub App specifically disclaims any liability concerning the Communities and any actions resulting from End Users' participation in any Community, including any objectionable content. Generally, any communication that which End User posts (whether in chat rooms, discussion groups, message boards, or otherwise) is considered to be non-confidential. If particular web pages permit the submission of communications that will be treated by the vivo XClub App as confidential, that fact will be stated on those pages. By posting comments, messages, or other information on the App, the End User grants vivo XClub App the right to use such comments, messages, or information for promotions, advertising, market research, or any other lawful purpose without territorial, time or other limitation. For more information see the vivo XClub App Privacy Policy.

15. License Grant

By posting communications on or through this App, the End User shall be deemed to have granted to vivo XClub App a royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, and display the communication alone or as part of other works in any form, media, or technology whether now known or hereafter developed without territorial or time limitations, and to sublicense such rights through multiple tiers of sublicenses.

16. Indemnification/Release

End-User agrees to defend, indemnify and hold harmless vivo XClub App, its affiliates, and their respective directors, officers, employees, and agents from and against all claims and expenses, including attorneys' fees, arising out of or related to any products or services purchased by End User in connection with the App.

The end-user is solely responsible for interactions with Merchants and other users of the App or Apps. To the extent permitted under applicable laws, End User hereby releases vivo XClub App from any claims or liability related to any product or service of a Merchant, any action or inaction by Merchant, including Merchant's failure to comply with applicable law and/or failure to abide by the terms of a Voucher, and any conduct or speech, whether online or offline, of any other user.

In connection with the foregoing release, End User hereby waives any provision in any jurisdiction which states: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor."

17. Termination

Vivo XClub App may terminate this Agreement at any time. Without limiting the foregoing, vivo XClub App shall have the right to immediately terminate or suspend any passwords or accounts of End User in the event of any conduct by End User or which vivo XClub App, in its sole discretion, considers to be unacceptable, or in the event of any breach by End User of this Agreement. The provisions of Sections 2, 4, 5, 6, 7, 10, 11, and 12 will survive the termination of this Agreement.

18. Trademarks

vivo XClub App is a trademark of vivo India Pvt. Ltd. All rights in respect of this trademark are hereby expressly reserved. Unless otherwise indicated, all other trademarks appearing on vivo XClub App are the property of their respective owners

19. Third-Party Content

vivo XClub App, similar to an Internet Service Provider, is a distributor (and not a publisher) of content supplied by third parties and End Users. Accordingly, the vivo XClub App Test has no more editorial control over such content than does a public library, bookstore, or newsstand. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, or any other end users are those of the respective author(s) or distributor(s) and not of vivo XClub App.

In many instances, the content available through this App represents the opinions and judgments of the respective information provider, end-user, or other users not under contract with the vivo XClub App. vivo XClub App neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, or statement made on vivo XClub App by anyone other than authorized Vivo XClub App employee spokespersons while acting in official capacities. Under no circumstances will vivo XClub App be liable for any loss or damage caused by an end user's reliance on information obtained through vivo XClub App. It is the responsibility of the End User to evaluate the accuracy, completeness, or usefulness of any information, opinion, advice, etc., or other content available through the vivo XClub App.

vivo XClub App contains links to third-party apps maintained by other content providers. These links are provided solely as a convenience to you and not as an endorsement by vivo XClub App of the contents on such third-party apps, and vivo XClub App hereby expressly disclaims any representations regarding the content or accuracy of materials on such third-party apps. If the End User decides to access linked third-party apps, the End User does so at its own risk. Unless you have executed a written agreement with vivo XClub App expressly permitting you to do so, you may not provide a hyperlink to the App from any other app. vivo XClub App reserves the right to revoke its consent to any link at any time in its sole discretion.

20. Miscellaneous

This Agreement, including the Terms of Sale, set forth below (which are incorporated into this Agreement), and any operating rules for vivo XClub App established by us, constitute the entire agreement of the parties concerning the subject matter hereof. No waiver by either party of any breach or default hereunder is a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall be of no legal force or effect. If any provision of this Agreement is held invalid by a court of competent jurisdiction, such invalidity shall not affect the enforceability of any other provisions contained in this Agreement, and the remaining portions of this Agreement shall continue in full force and effect. The failure of either party to exercise any of its rights under this Agreement shall not be deemed a waiver or forfeiture of such rights or any other rights provided hereunder.

21. Arbitration

By using this App, End User agrees that: (1) any claim, dispute, or controversy End User may have against vivo XClub App arising out of, relating to, or connected in any way with this Agreement, this App, or the purchase or sale of any Voucher(s), shall be resolved exclusively by final and binding arbitration administered by and conducted before a single arbitrator pursuant to the applicable Rules and Procedures established by the laws of India (2) the arbitration shall be held at Bengaluru, India pursuant to the law of India or at such other location as may be mutually agreed upon by End User and vivo XClub App; (3) the arbitrator shall apply the Indian law and applicable statutes of limitations, and shall honor claims of privilege recognized at law; (4) there shall be no authority for any claims to be arbitrated on a class or representative basis; arbitration can decide only the End User's and/or vivo XClub App individual claims; and the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; (5) in the event that the End User is able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Service Provider will pay as much of the End User's filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive; and (6) with the exception of subpart (4) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the Rules and Procedures established by the Bengaluru courts, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, subpart (4) is found to be invalid, unenforceable, or illegal, then the entirety of this Arbitration Provision shall be null and void, and neither End User nor vivo XClub App shall be entitled to arbitrate their dispute.

22. Disclosures

You should note that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors.

XTRAORINARY BIRTHDAY

1. Customers can only avail the EazyDiner Prime membership in their birthday month only, with a validity of 4 months from the date of enrolment. 

2. The Payeazy coupon worth INR 300 will be added to your gift card section in your EazyDiner profile. This code can be used during the payment at all Payeazy enabled restaurants across India subject to a minimum billing of INR 500.

3. Members can avail of additional benefits offered by banks while paying through respective bank card. These benefits are over and above the restaurant discounts available.

4. The Payeazy gift coupons cannot be combined with bank offers.

5. The banking partners and offers are subject to change by EazyDiner management

6. Prime membership purchased under any campaign cannot be cancelled or refunded.

7. The EazyDiner Prime deal will be clearly identified on the restaurant screen. All EazyDiner Prime deals will have a minimum of 25% discount as specified in the deal.

8. Not all restaurants bookable on EazyDiner will have prime deals. Some restaurants may also have non-prime deals. All discounts are mentioned clearly against each deal for all restaurants bookable on EazyDiner.

9. The restaurants and the offers are dynamic as we constantly improve the product, hence the offers at restaurants may change without any prior notice. In case there are any concerns, please call the EazyDiner Prime hotline at 786 100 4400.

10. All 1+1 deals are valid for a minimum of 2 guests. Example - In case of 3 guests, 2 guests will be charged, and 1 guest will eat for free, in case of 5 guests, 3 guests will be charged, and 2 guests will eat for free.

11. Please inform the restaurant about your reservation through EazyDiner upon your arrival at the restaurant to have a hassle-free experience.

12. EazyDiner shall not be liable for the experience at the partner restaurant as we only assist in fulfilling the reservations with the special offers.

13. EazyDiner shall not be liable if any restaurant is temporarily or permanently shut. In case there are any concerns, please call the EazyDiner Prime hotline at 786 100 4400.

14. The highlighted savings of Rs.3000 are for a table of 4 and on a blended average in over 2000+ premium restaurants. These savings may vary depending on the number of people dining per table and the average cost per diner.

15. The Prime membership fee cannot be encashed

16. For recurring Prime memberships, once the subscription is charged, no refund of subscription money will take place. You can switch off auto-renewal of your recurring prime membership.

17. No wallet cash can be used to purchase the membership.

18. Other terms and conditions apply. To view, please visit the EazyDiner website.