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Dupont & Jensen — Bespoke service

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Legal

Terms of Use

Version 1.0.1 Effective as of 22 September 2025

Terms and Conditions

Version: 1.0.1 – Effective as of September 22, 2025

1. Introduction and Acceptance of Terms

These Terms and Conditions ("Terms") govern your use of the mobile application (the "App") operated by Dupont and Jensen SA (the "Company"). The Company provides the App as a white-labeled service for various private clubs or programs (each a "Club") under different brand names. By downloading, accessing, or using the App, you agree to be bound by these Terms. If you do not agree with any part of these Terms, please do not use the App.

Important: While the App may display the name and branding of a specific Club or its sponsoring organization (the "Client"), you acknowledge that the App and all services provided through it are operated solely by the Company. The Client whose branding appears in the App is not a party to these Terms and does not directly interact with or support end-users. All user support and App management are handled exclusively by the Company. For assistance or questions about the App or services, you must contact the Company (see Section 8 below), not the Client. Your agreement under these Terms is with the Company only.

By using the App, you represent that you are at least the age of legal majority in your jurisdiction (or have obtained consent from a legal guardian) and that you are qualified to enter into this agreement. If you are using the App on behalf of an organization or Club membership, you also ensure you are an authorized member of that Club. These Terms constitute a legally binding agreement between you ("User" or "you") and the Company. Please read them carefully.

2. Definitions

For the purposes of these Terms, the following definitions apply:

  • App: The mobile application provided by the Company, which is branded for a particular Club. This includes all versions of the application operated by the Company for different Clients/Clubs, and all services and content provided through the application.
  • Club: A specific branded version of the App associated with a Client. Each Club has its own name and branding, but all such Clubs are managed and operated by the Company under these unified Terms.
  • Client: The third-party organization or entity for which a Club is branded. The Client may be, for example, a company, association, or community that offers the App to its members under its brand. Clients do not provide the App services directly and are not responsible for user support or interactions; they simply lend their branding to the Club’s App instance.
  • User (You): Any individual who downloads, registers with, or uses the App. Users may be members of a Club or otherwise authorized to access the App’s services.
  • Partner: Any third-party service provider, merchant, or vendor that offers goods, services, or benefits through the App. For example, Partners may include hotels, travel providers, restaurants, retailers, or other vendors that honor discounts or fulfill orders for Users under arrangements with the Company.
  • Offer: Any promotion, deal, discount, or special arrangement available through the App, whether ongoing or time-limited. Offers are provided by Partners and facilitated by the Company for Users of the App.
  • Permanent Offer: An Offer that is continuously or regularly available to Users as part of the Club’s benefits. Permanent Offers typically include ongoing discounts or benefits negotiated by the Company with Partners (for example, a standing discounted rate at a hotel or a constant percentage off a particular service). These Offers are available at any time (subject to availability) and are not limited to a short promotional period.
  • Temporary Offer: An Offer that is available only for a limited time, in limited quantity, or under special conditions. Temporary are only accessible during a specified promotion period or until stocks/services run out. They often involve a one-time purchase, event, or limited-time promotion via the App.
  • Reservation Request: A booking or request for a service made by a User through the App, typically in relation to a Permanent Offer. This request is forwarded to the relevant Partner to secure a booking (for example, a hotel reservation request at a discounted rate).
  • Order: An order placement by a User through the App to redeem a Temporary Offer. An Order usually involves a checkout process within the App and may require payment or confirmation to secure the promotional good or service.
  • Services: All functionality and services available through the App, including but not limited to: viewing and booking Offers, making Reservation Requests for travel or hospitality services, placing Orders for products or promotions, personal assistance, and any related support or information features the Company provides via the App.

Any other capitalized terms used in these Terms have the meanings given to them in the context of the text. These definitions are provided for clarity and apply throughout this document.

3. Description of the App and Services

The App is booking platform that provides you with access to a variety of services and exclusive Offers negotiated by the Company. Through the App, Users can enjoy a personalized experience to request and obtain special deals from Partners. The key features of the App include:

  • Exclusive Offers: Browse and access both Permanent Offers and Temporary Offers from the Company’s network of Partners. Permanent Offers grant you ongoing benefits (such as year-round discounts on services like hotel bookings, travel arrangements, or other lifestyle services), while Temporary Offers grant you special deals available for a short duration or limited quantity (such as a limited-time promotion on an event, product, or service).
  • Reservation Requests: Book services via the App by sending reservation inquiries to Partners. For example, you can request a hotel booking, restaurant reservation, or travel service at a preferential rate arranged by the Company. The App will facilitate this request and initiate the request with the Partner.
  • Order Placement: Place orders for products or time-limited deals directly through the App’s checkout system for Temporary Offers. The App will guide you through the necessary steps to complete your purchase or order.
  • User Support: Access support resources or contact options to get help from the Company’s support team regarding the App’s functionality, your account, or any issues with Offers.

All the above services are provided by the Company through the App. The Company is continuously working with Partners to update and enrich the Offers available. Please note that while the App is branded for a specific Club, the range of services and Offers provided remains consistent across all Clubs managed by the Company. Differences may occur in branding and specific selection of Offers tailored to a Club’s theme or membership, but the overall structure and Terms remain the same.

4. User Registration and Account Security

To access the Services and Offers, you will need to register on the App. During registration, you will be asked to provide some personal information (such as your name or contact details. You agree to the following regarding account registration and security:

  • Accurate Information: You must provide truthful, accurate, and up-to-date information about yourself when registering or using the App. If any of your information changes (for example, contact email), you should update your profile in the App accordingly. The Company is not responsible for communication issues or loss of access resulting from outdated or incorrect information provided by the User.
  • Passwordless Login: The App uses an email-based one-time passcode authentication system. This means you do not have a fixed password for the App. Each time you log in (or when you register a new device), the App will send a unique verification code to your registered email address. You must enter this one-time code within the App to authenticate your session. Each code is usable only once and expires after a short period for security. It is your responsibility to ensure that only you have access to your email account.
  • Authorized Use: The App is intended for use by authorized Users (for instance, members of the Club or individuals invited to use the App). You agree not to allow any unauthorized person to access the App through your account. You are responsible for all activities that occur under your account, whether or not you personally carried them out, so please guard your access carefully.
  • Security Measures: Even though the App does not use passwords, you must still safeguard your account by protecting your email account and your mobile device. You agree to: (a) use a secure email account that only you can access; (b) maintain the security of any device on which you use the App (e.g., use device passcodes or biometrics so others cannot use the App on your device); and (c) promptly notify the Company at once if you believe your App access or verification code has been compromised or if someone unauthorized has used your account. The Company is not liable for any loss or damage arising from unauthorized access resulting from your failure to secure your email or device.

If you have trouble accessing your account or believe your account has been compromised, please contact the Company’s support at contact@dupontandjensen.com promptly. The Company may, at its discretion, refuse registration, cancel accounts, or require additional verification from Users in cases of suspected fraud or misuse.

5. Permanent Offers and Reservation Requests

One of the key benefits of the App is access to Permanent Offers – ongoing deals and discounts arranged by the Company with its Partners. This section explains how Permanent Offers work and how you can make Reservation Requests through the App:

5.1 Nature of Permanent Offers: Permanent Offers are continuous benefits available to Users, such as discounted rates on hotel bookings, travel services, or other products and services that remain available over time. These offers are negotiated by the Company directly with Partners. For example, the Company may have an agreement with a hotel chain to provide Users a certain percentage off standard room rates, or with a car rental service to offer a fixed discounted price. Permanent Offers are typically available at any time you wish to use them, subject to the Partner’s availability and any conditions (e.g. black-out dates for a hotel, or limited quantities in case of products).

5.2 Making a Reservation Request: When you decide to use a Permanent Offer, the App will guide you through sending a Reservation Request to the relevant Partner:

  • You will select the Permanent Offer you are interested in (for example, choosing a particular hotel and the discounted rate offer).
  • The App may prompt you to enter details necessary for the reservation, such as desired dates, number of persons, or any preferences required by the Partner.
  • Once you input the required information and submit the request, the App will send an automatic reservation inquiry via email to the Partner with the email address associated to your account in copy. This reservation request includes the details of your booking inquiry and specifies that you are booking under the special rate or conditions of the Permanent Offer.
  • At the time of sending the request, the App will display a confirmation screen showing that your request has been sent.

5.3 Partner's Acceptance and Obligation: The Partner (e.g., the hotel or service provider) is expected to honor the Reservation Request at the discounted rate or terms agreed upon with the Company:

  • The Company has pre-arranged these Permanent Offers with the Partner, so in principle, when the Partner receives your reservation details, they should acknowledge and confirm your booking at the agreed preferential rate, provided that the service or room is available for the requested time.
  • It is ultimately the Partner’s responsibility to fulfill the reservation. Once your request is sent, the actual contract or booking for the service is between you and the Partner. The Partner should confirm the reservation back to you (directly via email/phone). In some cases, the Company may relay the confirmation through the App or via email.
  • If for any reason the Partner is unable to honor the Permanent Offer (for instance, no availability on the dates requested), the Partner or the Company (on the Partner’s behalf) will inform you of the issue.

5.4 Payment for Permanent Offers: Reservation Request through a Permanent Offer does not involve paying through the App at the time of booking. Typically, payment for the service (e.g., paying the hotel bill) will be handled between you and the Partner at the time the service is rendered (for example, you would pay the hotel directly at check-out, and the discounted rate would be applied to your bill). The App’s role is to secure your booking at the special rate, not to process the payment, unless explicitly stated otherwise for a specific offer. Always review the Offer details, which will specify if any deposit or payment is required upfront.

5.5 Changes or Cancellations of Reservations: If you need to change or cancel a reservation made through a Permanent Offer, the terms and process will usually follow the Partner’s standard policies (unless otherwise stated in the Offer details). For example, a hotel might allow free cancellation up to 24 hours before check-in, or a travel service might have its own change fees. It is your responsibility to familiarize yourself with the relevant Partner’s cancellation and change policies, which should be provided to you when the booking is confirmed. You may contact the Partner directly for changes/cancellations, or you can reach out to the Company for assistance in communicating with the Partner. The Company will assist where possible, but any fees or penalties imposed by the Partner for changes/cancellations (according to their policy) will be your responsibility.

Permanent Offers are a core benefit of the App’s service, and the Company strives to ensure that Partners uphold the agreed terms. If you encounter any difficulty with a Permanent Offer – for example, if a Partner does not recognize the discount or has any issue honoring the rate – you should contact the Company’s support immediately (see Section 8).

6. Temporary Offers and Order Process

The App also provides Temporary Offers, which are special promotions available for a limited time or limited quantity. Unlike Permanent Offers, Temporary Offers typically require you to make an upfront purchase through the Company to secure the deal. These might be flash sales, limited-stock items, event tickets, or other promotional offerings that the Company arranges via third-party suppliers (“Suppliers”). When you order a Temporary Offer, you are effectively placing an order with the Company for it to procure the item or service from a Supplier on your behalf.

6.1 Nature of Temporary Offers: Temporary Offers are time-bound deals. They might be available only during a promotional window (for example, a discount that is valid this month only, or an event that is happening on a specific date), or they could be limited to a certain number of participants or items (for example, “the first 100 users to claim this deal”).

6.2 Ordering and Payment Process: To purchase a Temporary Offer, you will follow the ordering steps in the App. Payment is not processed inside the App itself; instead, you have the choice to use one of the following methods:

  • Payment link: You may request an email containing a secure payment link (for example, a link to a trusted payment gateway or invoice) where you can complete payment by credit/debit card or other offered methods; or
  • Bank transfer: You may choose to remit payment via bank transfer to the Company’s account, with a reference so we can identify your payment (as instructed on the check-out page).

Payment instructions and options will be clearly communicated to you at the time of order. You must make full payment within the stipulated time (if a time is specified) to confirm your order. The Company reserves the right to cancel your order for a Temporary Offer if payment is not received in a timely manner or if the Temporary Offer stock/availability runs out before payment is completed.

6.3 Fulfillment of Temporary Offers: Fulfilling a Temporary Offer can happen in a few different ways, depending on the nature of the offer:

  • If the offer is for a product (for example, a gift item or merchandise), fulfillment might involve shipping the product to the address you provided. The Partner or the Company may arrange for delivery.
  • If the offer is for a service or event, fulfillment might involve sending you a voucher or code to redeem with the Partner, or placing your name on a guest list.
  • If the offer requires you to schedule or coordinate, after ordering, you might be prompted to contact the Partner to set a date, or the Company might reach out to you to arrange the details. Any such requirements will be explained either in the offer details or in a confirmation message.

6.4 The Company’s Role in Temporary Offers: When you purchase a Temporary Offer, your contract for purchase is directly with the Company, who in turn will source the product or service from the third-party Supplier. In this process, the Company acts as an intermediary purchaser:

  • Only after the Company receives and confirms your payment will it purchase the item or service from the Supplier.
  • The Company is responsible for arranging delivery or fulfillment of the item/service to you, as agreed in the offer (for example, sending you a voucher or ticket, arranging shipment of a product, etc.). Delivery details and timelines will either be described in the Temporary Offer description or in the Terms of Sale at checkout.
  • Important: Because the Company does not pre-stock these Temporary Offer items, fulfillment of your order is subject to the Supplier’s ability to provide the item. In the rare case that a Supplier cannot fulfill the order (e.g., the item became unavailable, or an event is sold out by the time we attempt to procure it), the Company will inform you as soon as possible and issue you a full refund of any payment you made for that item. We will not substitute items or services without your consent. (Additional conditions about fulfillment are detailed in the Terms of Sale.)

6.5 All Sales Final (Unless Stated): Because Temporary Offers are often deeply discounted or limited opportunities, orders for Temporary Offers may be considered final. This means that, unless the terms of the specific offer or applicable consumer laws provide otherwise, you may not be able to cancel or obtain a refund for a Temporary Offer purchase once it has been confirmed. Please review the Terms of Sales presented at at the Payment page within the App for the applicable conditions.

6.6 Terms of Sale for Temporary Offers. When you proceed to checkout for a Temporary Offer, you will be presented with our Terms of Sale specific to that transaction. Those Terms of Sale include detailed conditions on payment, delivery or performance, cancellation rights, returns (if applicable), and any warranties relating to the Temporary Offer purchase. The Terms of Sale are a separate document that supplements these Terms for the purpose of the sales transaction. You will be required to read and accept the Terms of Sale at the time of purchase. If you do not agree to the Terms of Sale, you should not complete the purchase of the Temporary Offer. In the event of any inconsistency between these general Terms and the Terms of Sale for a Temporary Offer, the Terms of Sale will prevail for matters related to the specific purchase. For issues not covered in the Terms of Sale, these general Terms (and especially the disclaimers and liability limitations herein) will apply.

6.7 No In-App Payment Processing. Please note that the App itself does not process any payment transactions. All payments for Temporary Offers are handled externally via secure payment providers or banking services. The Company does not store your payment card information in the App. Be cautious of any attempt to collect payment information directly through the App interface or any communication that is not clearly from the Company – if in doubt, contact us directly to verify payment instructions. We primarily use trusted third-party payment processors to ensure your payment is handled securely.

7. Role of the Company, Partners, and Clients

Because the App involves multiple parties (you as the User, the Company as operator, Partners providing services, and Clients whose branding may appear), it is important to understand the roles and responsibilities of each:

7.1 Company as Service Provider: The Company (Dupont and Jensen) is the operator of the App and the provider of the platform services. When you use the App, you are engaging with the Company, which facilitates your requests, orders, and access to Offers. The Company:

  • Negotiates and arranges Offers (both Permanent and Temporary) with Partners on behalf of the Club’s user base.
  • Provides the App interface for you to access those Offers, make Reservation Requests, and place Orders.
  • Serves as the point of contact for Users for any questions, support, or issues (including issues with Partner offers).
  • Manages user accounts, and is responsible for data management in accordance with the App’s Privacy Policy (not covered in detail here).
  • Is fully responsible for the operation and maintenance of the App. This means if the App has technical issues, if there are questions about how to use it, or if any support is needed for using the App, the Company handles it directly.

7.2 Partners as Providers of Goods/Services: Partners are independent third parties that actually deliver the goods or services you obtain via the App. Examples of Partners include the hotels you book, the event organizers, the retail product vendors, etc. Regarding Partners:

  • The Company vets and enters agreements with Partners to secure special rates or deals (Offers) for Users. Partners agree to honor those Offers when presented via the App.
  • When you make a Reservation Request or place an Order, the relevant Partner is notified and is responsible for confirming and fulfilling that request/order. For instance, a hotel Partner will confirm your booking and provide the lodging; a product Partner will ship the product you purchased.
  • The contract for the actual service or product is generally between you and the Partner. The App facilitates the introduction and terms (and in the case of Temporary Offers, may also handle the payment transaction), but the Partner is the one ultimately providing the service/product to you. This means that if you have, for example, a complaint about the quality of the hotel stay or a defect in a product you bought, that is fundamentally an issue to resolve with the Partner who provided it.
  • That said, the Company stands behind the arrangements to the extent that it has negotiated these deals. If a Partner fails to honor an Offer or there is a problem with fulfillment, the Company will assist you (see below) and take it up with the Partner as needed to fix the situation. The Company values its Users and will advocate on your behalf if a Partner does not meet their obligations.
  • Partners are not employees, agents, or subcontractors of the Company; they are separate entities. The Company does not guarantee or make warranties about the goods/services provided by Partners beyond conveying the terms of the Offer. (See Section 12 and 13 for further disclaimers of liability regarding third-party services.)

7.3 Clients (Club Sponsors) as Non-Providers: The Client (the organization behind the Club branding) has a very limited role:

  • Clients might be companies or groups that have engaged the Company to create a Club for their members or employees. They often finance or sponsor the App for their community and give the App its branding and name to align with their organization.
  • However, Clients do not operate the App, and they do not provide any of the services or Offers within the App. They also do not have access to individual user interactions or data except as maybe outlined in the Privacy Policy (e.g., aggregate usage info might be shared with a Client, but personal data is handled by the Company in compliance with privacy laws).
  • The Client is not a party to the agreement between you and the Company. They are also not a party to any transaction between you and a Partner. Therefore, the Client has no responsibility for any issues that arise from your use of the App, and you should not direct any legal claims or demands toward the Client for matters related to the App’s services.
  • All obligations to deliver the App’s services and all liabilities related to the App are borne by the Company (and/or the Partners as per their role). The Client’s role is essentially limited to branding and offering the App as a perk or service to its community.

7.4 Interactions and Dispute Resolution: If you encounter any problem with the service:

  • For App-related issues or general questions (e.g., technical issues, difficulty logging in, unclear information), contact the Company via the App support channels. The Client will not be able to assist you on these matters.
  • For issues with a Partner’s service (e.g., the hotel did not apply the discount, or a product was not delivered, or was defective), you should initially reach out to the Company. The Company will communicate with the Partner to help resolve the issue.
  • If a dispute arises that cannot be easily resolved (for example, a Partner refuses to honor an offer incorrectly, or there’s a disagreement on a refund), the Company may, at its discretion, provide you a remedy (like issuing a refund or credit) and will then handle the dispute with the Partner separately. However, the Company is not guaranteeing to refund or compensate for all Partner failures; each situation will be assessed in line with Section 13 (Limitation of Liability) and the specific offer terms.
  • Under no circumstances should you contact the Client for dispute resolution or support. The Client is not equipped to handle these requests and will refer you back to the Company. This clear separation is in place to ensure consistent and effective support through the Company, which has the knowledge of the Offers and the relationships with Partners.

In essence, remember that the Company is your sole point of contact and the facilitator of the App’s services, Partners are the ones who deliver the end service/product to you, and Clients are in the background with no direct role in the service delivery. By understanding this, you can better direct your communications and expectations: the Company will always help you within the scope of these Terms, and any service you enjoy via the App is either provided by the Company directly or through a Partner the Company introduced you to.

8. User Support and Contact Information

The Company is committed to providing support to Users of the App. If you have any questions, concerns, or issues related to the App or any Offers, please use the following support resources:

  • In-App Support: The App may include a support or help section, where you can find FAQs, guides, or a contact form. You can typically access this through the app’s settings or help menu.
  • Chat Support: The App includes a chat function. This is the primary contact for any assistance. Assistance will be provided by a human (no AI).
  • Email Support: You can contact the Company’s support team via email at contact@dupontandjensen.com. When reaching out, please include relevant details such as your name, the Club (if relevant to mention), and a description of your issue or question. If it’s about a specific Offer or transaction, include the Offer name and date of transaction or any confirmation number to help us assist you faster.
  • Phone Support: (if applicable). If the Company provides a support telephone line, the number will be provided in the App. (Phone support may be available during specified hours/days. Note that support may be limited to certain languages; the primary support languages for the Company are English and French, unless otherwise indicated.)
  • Client Not Involved: As emphasized before, you should not attempt to contact the Client (the Club’s sponsoring organization) for support. The Client will redirect you to the Company. All support is centralized through the Company to ensure you get accurate and consistent help.

Communication: The Company may also reach out to you via the App (through the chat) or via email/phone if there’s an issue with your account, an Offer you used, or to notify you of important changes. It is important that you monitor the chat and email address you provided for any such communications. Official notices or communications under these Terms may be sent to you via email or through the App’s messaging system, and will be deemed received once sent to your contact on file.

By using the App, you consent to receive electronic communications from the Company related to your use of the App and the services (including for promotional purposes, if you separately consent to marketing communications — though you can opt out of marketing, transactional and service-related communications are still necessary).

If you need to update your contact information for support or notifications, do so in your account settings or inform the support team. Keeping this information current ensures that communication flows smoothly.

9. User Obligations and Acceptable Use

When using the App and its services, you agree to conduct yourself responsibly and to respect the intended use of the platform. The following are your obligations and guidelines for acceptable use:

  • Compliance with Laws and Terms: You must use the App in compliance with all applicable laws and regulations. You also agree to abide by all the conditions of these Terms and any additional terms that appear within the App (such as offer-specific conditions or guidelines posted in the App).
  • Truthful Interactions: Provide accurate and honest information in all dealings. This means all details in your profile, reservation requests, and orders should be truthful. Do not attempt to deceive the Company or Partners (for example, by making fake bookings or using the App to commit fraud).
  • No Unauthorized Access or Disruption: You must not misuse the App by introducing any malicious or harmful code (viruses, worms, Trojan horses, etc.), nor attempt to gain unauthorized access to the App’s systems, other Users’ accounts, or any network or server used by the App. Any attempt to probe, scan, or test the vulnerability of the App or to breach security or authentication measures is strictly prohibited.
  • No Interference: Do not interfere with or disrupt the integrity and performance of the App. This includes not engaging in activities like overloading the service with automated queries (e.g., using bots or scripts to continuously call the service), or performing any action that imposes an unreasonable load on the infrastructure.
  • Respectful Conduct: Communicate and behave in a respectful manner. If the App includes any community features or if you can communicate with the staff or Partners through the App, you agree to do so respectfully and lawfully. Harassment, hate speech, abusive language, or inappropriate content directed at support staff, Partner personnel, or any other individuals is not tolerated and may result in termination of your access.
  • Follow Partner Rules: When you utilize a Partner’s services via an Offer, you must also adhere to the Partner’s own rules and policies. For example, if you book a hotel, you must follow the hotel’s terms of stay; if you purchase an event ticket, you must abide by the event organizer’s attendance rules. Any violation of a Partner’s terms can not only lead the Partner to deny you the service, but can also be considered a violation of these Terms if it causes issues for the Company or reflects misuse of the App.
  • No Illegal or Improper Use: You may not use the App for any illegal purpose, or to encourage conduct that is illegal. Also, you may not use the App to obtain services or products in a wrongful manner (for example, attempting to game the system to get unfair advantages, using someone else’s membership or credentials without authorization, or engaging in arbitrage of offers in a way not intended).
  • One Account – Proper Membership: If your access to a Club’s App is predicated on you being a member of that Club, you should not share access with non-members or allow others to use your account. The Company reserves the right to verify your eligibility or affiliation for certain Clubs, and misuse of a Club’s app by non-eligible persons can lead to termination of service.
  • Responsible Device Usage: You are responsible for ensuring the device you use the App on is secure (running updated software, not jailbroken or rooted in a way that compromises security) and that you only download the App from official app stores or distribution channels authorized by the Company. Using compromised devices or unofficial app versions can pose security risks and is against these Terms.
  • Report Issues: If you discover any problem with the App (such as a bug or an error in an Offer’s details), or if you inadvertently gain access to information that should not be accessible to you, you agree to inform the Company immediately and not to exploit the issue. This helps the Company maintain a safe and fair environment for all users.

Violating any of the above obligations is considered a breach of these Terms. The Company reserves the right to take appropriate action in response to a breach, which may include issuing warnings, removing or reclaiming Offers or benefits obtained improperly, suspending your account, or permanently terminating your access to the App. Serious violations (for example, fraudulent activity or security breaches) may also be reported to law enforcement or pursued legally by the Company or affected parties.

10. Intellectual Property Rights

The App and all content and materials included in it are protected by intellectual property laws and treaties. Here’s what you need to know about the ownership and permitted use of the App’s intellectual property:

  • Company Materials: Unless otherwise indicated, all elements of the App (including but not limited to software code, design, layout, text, graphics, logos, images, audio clips, video clips, compilations of data, and software used in the App) are the property of Dupont and Jensen S.A. or its licensors. The Company retains all rights, title, and interest in and to the App and its content. The App’s overall look and feel, and all underlying technology, are proprietary to the Company.
  • Client Branding: The trademarks, logos, and service marks of the Client (for example, the Club’s name, logo, or brand imagery) that may appear in the App remain the intellectual property of that Client. They are used in the App under a license or agreement with the Client. Your use of the App does not grant you any rights to use or reproduce the Client’s trademarks outside of the App’s context. They are provided in the App solely to denote the branding of the Club experience.
  • Partner Intellectual Property: Similarly, any trademarks or names of Partners (such as a hotel chain name or a product brand) are the property of those respective Partners. They may be displayed in the App in connection with their Offers. You do not obtain any rights to those marks by using the Offers, beyond the rights necessary to redeem or use the Offer as intended.
  • License to You: Subject to your compliance with these Terms, the Company grants you a limited, non-exclusive, non-transferable, revocable license to install and use the App on a compatible mobile device that you own or control, solely for your personal, non-commercial use and solely for the purposes of accessing the Services and Offers as intended. This license does not allow you to use the App on any device that you do not own or control, and you may not distribute or make the App available over a network where it could be used by multiple devices or users at the same time (except via official app store family sharing mechanisms or similar, which are permitted).
  • Restrictions: You may not, nor permit anyone else to:
    • Copy, modify, adapt, translate, or create derivative works of the App or any content within it (except as expressly allowed by a feature of the App or with prior written consent from the Company).
    • Reverse engineer, decompile, or disassemble the App’s software, except to the extent that such activities are expressly permitted by law notwithstanding this prohibition. If you believe you require interoperability information as per applicable law, you must request it from the Company first.
    • Remove, obscure, or alter any copyright notices, trademarks, or other proprietary rights notices affixed to or contained within the App.
    • Use any robot, spider, scraper, or other automated means to access the App or extract data (except for standard search engine crawling to index publicly available information, if any, in accordance with a robots.txt or equivalent).
    • Use the App’s content outside of the App’s intended context. For example, you should not take images or text from the App and publish them elsewhere without permission, especially if they are protected materials.
  • User Content: If the App allows you to submit any content (for example, a review of a service, feedback, or other posts), you retain ownership of any intellectual property you hold in that content. However, by submitting content through the App, you grant the Company a worldwide, royalty-free, sublicensable license to use, reproduce, modify, and display that content for the operation of the App and provision of Services (for example, showing your review to other users, or using your feedback to improve services). You must ensure that any content you submit is your own or that you have permission to use it, and that it does not infringe the rights of any third party.
  • Third-Party Software/Open Source: The App may include or rely on third-party software components or open-source libraries. Any such components are licensed under their own terms, which can be found in the App or on the Company’s website/legal information page. To the extent required by licenses of open-source components, the terms of those licenses (such as allowing you access to source code) may be made available by the Company upon request.

All rights not expressly granted to you in these Terms are reserved by the Company and its licensors. Unauthorized use of any intellectual property contained in the App may violate copyright laws, trademark laws, and other regulations. The Company will enforce its intellectual property rights to the full extent of the law. If you become aware of any infringement or unauthorized use of the App’s content (for example, someone copying the App or misusing its branding), you are encouraged to inform the Company.

11. Termination and Suspension of Access

This section explains the circumstances under which your access to the App might be suspended or terminated, and what happens in such events:

  • Voluntary Termination by User: You are free to stop using the App at any time. If you wish to terminate your account, you may be able to do so through the App’s Profile section. Termination of your account will mean you can no longer access the App’s member-only features or any unused Offers associated with your account. Keep in mind that termination of your account does not automatically cancel any active reservations or orders you have placed; you should separately handle cancellations of any services (per Section 5.5 or as instructed) before terminating your account.
  • Termination or Suspension by Company: The Company reserves the right to suspend or terminate your access to the App (in whole or in part) under the following circumstances:
    • Breach of Terms: If you violate any provision of these Terms or engage in misconduct (as outlined in Section 9 or elsewhere), the Company may suspend your account immediately, with or without notice, while investigating the issue. If the violation is confirmed or deemed serious, the Company may terminate your account permanently.
    • Fraudulent or Illegal Activity: If your account is associated with any fraudulent, suspected fraudulent, or illegal activities (e.g., using stolen credit cards, making fraudulent reservations, hacking attempts, etc.), the Company can terminate or lock your account immediately. It may also report such activities to law enforcement.
    • Inactivity or Club Membership Changes: If the particular Club associated with your App access ends its relationship with the Company or if your membership/affiliation with a Club is terminated (for example, you do not have relationship with the Client anymore), your access might be suspended or limited. If a Club program is discontinued, the Company might terminate all accounts related to that Club’s App after giving notice.
    • Compliance with Law: The Company may suspend or terminate your account if required to do so by law or at the request of law enforcement or other government agencies, or due to regulatory reasons (for instance, if providing the App to you becomes unlawful in your jurisdiction).
    • Discontinuation of App/Service: The Company might decide to discontinue the App or the services it provides (for example, if the Company ceases operations or pivots to a different service). In such an event, the Company will make reasonable efforts to notify users in advance. All accounts may then be terminated, and Offers may become void after any applicable notice period.
  • Effect of Termination: When your account is terminated (by you or by the Company), you will lose access to the App and any data or content stored in your account. Any pending Requests or Orders may be canceled (though the Company will attempt to honor commitments for which payment was taken, or otherwise refund you if unable to fulfill due to termination). You should be aware that termination does not erase records of past transactions that the Company may need to maintain for legal and operational reasons (see also the Privacy Policy for data handling post-termination). Any section of these Terms that by its nature should survive termination (such as liability limitations, arbitration clauses, etc.) will survive.
  • No Liability for Termination: The Company shall not be liable to you or any third party for any termination or suspension of your account, provided it is in accordance with these Terms. If your account is terminated and you believe it was a mistake, you may contact support to request reconsideration, but the Company’s decision will be final and at its sole discretion.
  • Reinstatement: In some cases, the Company may allow a suspended account to be reinstated (for example, after you resolve the issue that led to suspension, such as updating payment information or agreeing to comply with the rules). Reinstatement, if offered, may come with conditions (e.g., a probation period or loss of certain privileges). If your account was terminated, generally you would need special permission to register again.

Using the App after termination, or trying to create a new account when an old account was terminated for cause, is strictly prohibited without the Company’s permission. The Company also reserves the right to refuse service and block accounts based on prior abuse or violations.

12. Disclaimers of Warranties

Your use of the App and any services or Offers obtained through it is at your own risk. The Company wants you to have a great experience but needs to make clear certain legal disclaimers. To the fullest extent permitted by applicable law, the Company disclaims all warranties, whether express, implied, or statutory, regarding the App and the services provided through it:

  • "As Is" and "As Available": The App and all its features, information, content, and services are provided on an "as is" and "as available" basis. The Company does not guarantee that the App or any services will be uninterrupted, error-free, or free of viruses or other harmful components. While the Company strives for accuracy and reliability, it does not warrant that any information (including Offer details, pricing, descriptions, or Partner information) is 100% complete, accurate, or up-to-date at all times. Mistakes or typographical errors may occur, and Offer availability is subject to change.
  • Implied Warranties: All implied warranties or conditions of merchantability, fitness for a particular purpose, title, non-infringement, and any warranties arising from course of dealing or usage of trade are expressly disclaimed. For example, the Company makes no warranty that (i) the App will meet your specific requirements or expectations, (ii) the results obtained from using the App will be accurate or reliable, or (iii) any errors in the App will be corrected in a timely manner.
  • Third-Party Services: Any dealings with Partners or third-party service providers through the App are solely between you and that Partner. The Company does not make any guarantees or warranties regarding the goods or services provided by Partners. It does not guarantee that Partners will always have availability, or that Partners will not change or cancel their offerings. While the Company requires Partners to honor their commitments (as per agreements and these Terms), it does not ultimately control the Partners’ independent operations. Thus, the Company is not responsible for any acts or omissions of Partners.
  • No Warranty of Availability or Continuity: The Company does not warrant that the App will always be available, or that the Offers will remain unchanged. Offers can be modified or removed, Clubs could be discontinued, and the App may be subject to maintenance outages or technical issues beyond the Company’s control (for instance, issues with mobile networks, internet service providers, or hosting services). The Company will, however, try to give advance notice of significant downtime or changes when feasible.
  • User’s Device and Internet: The Company is not responsible for any issues arising from your own device, equipment, or internet connection. It is your responsibility to use compatible hardware and software and have a sufficient internet connection. The Company makes no warranty that the App will function on all devices or with all mobile operating systems or that it will be free from vulnerabilities inherent in internet connectivity.
  • No Guarantee of Savings or Outcomes: While the purpose of the App is to offer you convenient booking services and cost-saving Offers, the Company does not guarantee any specific outcome from your use of the App. You acknowledge that any financial savings, benefits, or improvements to your lifestyle by using the App depend on various factors, including your own use of the Offers and the availability of Partners. The Company does not guarantee that every Offer will be the best deal available or that you will always achieve a particular result (e.g., successful booking every time, or satisfaction with every service).

Some jurisdictions do not allow the exclusion of certain warranties or the limitation of certain rights. If such laws apply to you, some of the disclaimers above may not apply to the extent prohibited by law. In such cases, the Company’s warranties are limited to the minimum warranty scope permitted by applicable law.

13. Limitation of Liability

This section limits the liability of the Company under various circumstances. Please read this carefully to understand the extent to which the Company can be held responsible for issues that may arise:

  • Indirect Damages: To the maximum extent permitted by law, the Company (and its officers, directors, employees, agents, and affiliates) will not be liable for any indirect, incidental, special, consequential, or punitive damages. This includes, without limitation, damages for lost profits or revenues, loss of data, loss of goodwill, business interruption, or any similar harm, arising out of or related to your use of or inability to use the App, any Offer, or any services, even if the Company has been advised of the possibility of such damages.
  • Direct Damages Cap: To the extent the law does not allow the exclusion of certain damages, and notwithstanding any failure of essential purpose of any limited remedy, the Company’s liability to you for any claim arising from or related to the App or these Terms shall not exceed the amount of fees you have paid to the Company (if any) for the Offer related to the event giving rise to the claim within one (1) month. If you have paid no fees to the Company (for instance, if all usage has been free to you and payments went directly to Partners), the Company’s total liability to you for any cause will be zero or the minimum amount permitted by law.
  • Third-Party Liability: The Company is not liable for the actions or omissions of any third parties, including Clients and Partners. If a Partner fails to deliver a service or product as promised, the Partner is liable to you under their agreement (and possibly under consumer protection laws), not the Company. The Company’s role is as an intermediary and facilitator. While the Company may assist in resolving disputes (and may voluntarily offer a remedy in some cases), it does not assume liability for the underlying obligation of the Partner. Likewise, if a Client fails in any obligation it may have to you outside the scope of the App (which would be unusual, since the Client’s only role here is branding), that is not the Company’s liability.
  • App Issues: If the App malfunctions, or information is incorrectly displayed (e.g., an Offer is shown at an incorrect price due to a technical error), the Company’s liability is limited. Specifically, the Company may cancel any transaction affected by such error (with a full refund if you were charged any amount), and this correction will be the extent of the Company’s obligation. The Company will not be liable for losses or damages arising from such errors beyond what you paid for the service in question.
  • Force Majeure: The Company shall not be liable for any failure or delay in performing its obligations (or for any loss or damage you may incur) due to causes beyond its reasonable control. This includes, but is not limited to force majeure, “force natural disasters, war, terrorism, civil disturbances, strikes or labor disputes, internet or telecommunications failures, power outages, or governmental actions.
  • Release: You agree that if you have a dispute with any Partner or other third party (for example, another user or a service provider) related to the App, you release the Company (and its officers, directors, agents, subsidiaries, joint ventures, and employees) from any and all claims, demands, and damages of every kind and nature arising out of or connected with such dispute. This is known as a "general release," and in entering into this release, you expressly waive any protections that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.

Important: Nothing in these Terms is intended to limit or exclude liability that cannot be limited or excluded under applicable law. For instance, some jurisdictions do not allow the exclusion of liability for death or personal injury caused by negligence, or for gross negligence or willful misconduct. Additionally, certain consumer protection laws may provide remedies that cannot be waived or limited. In such cases, the relevant limitations above will be deemed modified only to the extent necessary to comply with those laws.

14. Modifications to Terms and Services

  • Updates to Terms: The Company may revise or update these Terms from time to time. Circumstances that might prompt an update include changes in the law, additional features being added to the App, modifications in business practices, or clarifications of existing Terms. When the Terms are updated, the Company will provide notice to Users. This notice may be provided by posting the revised Terms in the App (for instance, via a pop-up or a notification that the Terms have changed and linking to the updated document) and/or by sending an email to the address associated with your account. The "last updated" date at the top or bottom of the Terms document will be amended accordingly.
  • Acceptance of Changes: After we notify you of any changes to these Terms (for example, by email at least 30 days before the changes take effect), you must agree to the revised Terms to continue using the App. Such acceptance may occur through your continued use of the App following the effective date of the updated Terms (after any applicable notice period) or, where required, by explicit confirmation (e.g., tapping “I Agree” in the App when prompted). If you do not agree with the updated Terms, you should stop using the App and may terminate your account as described in Section 11.
  • Modifications to Services: The Company reserves the right to modify, suspend, or discontinue all or any part of the App or the services it offers, at any time, with or without notice. This can include:
    • Changing the App’s user interface or the way you access certain features.
    • Adding new services, functions, or Offers (which may be subject to additional terms or changes in pricing).
    • Removing or discontinuing certain features or Offers (for example, if a Partner withdraws an Offer or if a feature is underused or becomes impractical to maintain).
    • Temporarily suspending the App for maintenance, updates, or emergency repairs.
  • Effect on Existing Offers: If the Company discontinues a feature or Offer that you are currently using or have not yet redeemed, the Company will attempt to give you advance notice and possibly provide an alternative or compensation if appropriate. For instance, if a particular Club’s program is ending, you might be given a chance to use any remaining offers by a certain date. However, the Company shall not be liable for any modification or discontinuation of the App or services in line with Section 13 (Limitation of Liability).
  • App Updates: The Company (or the app store provider) may require you to download and install updates to the App to continue using it. These could include security updates, bug fixes, or new features. It is your responsibility to keep the App updated by installing new versions when notified. Failing to update might result in certain features not functioning properly or the App becoming inaccessible if the older version is deprecated.
  • Emergency Changes: In some cases (e.g., urgent legal compliance or critical security fixes), the Company might not be able to provide advance notice for changes or may have to disable certain functionalities immediately. In such cases, the Company will inform Users as soon as reasonably possible after the fact, explaining the reason for the sudden change if it significantly affects usage.

The Company encourages Users to regularly review the Terms for any updates and to stay informed via official communications. The Company is not obligated to customize or tailor any modifications to individual users or specific Clubs—changes apply to the App and service as a whole for all Users. These Terms, and any subsequent versions of them, constitute the entire agreement regarding their subject matter, and supersede any previous terms of use for the App.

15. Governing Law and Jurisdiction

These General Terms and Conditions are governed by Luxembourg law. In the event of any dispute relating to their validity, interpretation or performance, and subject to the applicable mandatory provisions, the courts of the Grand Duchy of Luxembourg shall have jurisdiction.

However, if you are a consumer residing in a Member State of the European Union, you also benefit from the possibility of bringing proceedings before the competent courts, in accordance with the applicable rules on consumer protection.

16. Miscellaneous Provisions

This section contains additional important terms that don’t fall under the categories above but are integral to the agreement between you and the Company:

  • Entire Agreement: These Terms (along with the Privacy Policy and any additional guidelines or rules posted in the App) constitute the entire agreement between you and the Company regarding the App and supersede any prior agreements, understandings, or arrangements (whether oral or written) relating to the subject matter hereof. In entering into this agreement, neither party has relied on any statement, representation, or warranty that is not expressly set out in these Terms.
  • No Waiver: The failure of the Company to exercise or enforce any right or provision of these Terms shall not operate as a waiver of that right or provision. If the Company delays or fails to insist upon strict adherence to any term of the agreement, it does not mean the Company has waived that term or any other term. To be effective, any waiver of rights by the Company must be in writing. Any single or partial exercise of a right or remedy by the Company does not prevent it from exercising that right or any other right in the future.
  • Severability: If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the invalid/unenforceable part will be deemed modified to the least degree necessary to remedy the invalidity or unenforceability, while still preserving the intent of the provision if possible. If such modification is not possible, the provision may be severed from these Terms without affecting the validity of the rest of the Terms.
  • Assignment: You may not assign, transfer, or sublicense any of your rights or obligations under these Terms without the prior written consent of the Company. Any attempted assignment or transfer without such consent is null and void. The Company may assign or transfer its rights and obligations under these Terms to an affiliate or as part of a merger, acquisition, reorganization, or sale of assets, or by operation of law or otherwise. These Terms will inure to the benefit of and be binding upon each party’s permitted successors and assigns.
  • No Third-Party Beneficiaries: These Terms do not confer any rights or remedies upon any person other than you and the Company. This means that the Client (Club sponsor) and Partners are not parties to this agreement and generally cannot enforce its terms. However, where these Terms expressly benefit the Company’s affiliates or indemnified parties, those entities are entitled to the benefit of the Terms.
  • Indemnification: (If applicable) You agree to indemnify and hold harmless the Company and its officers, directors, employees, and agents from any claims, losses, liabilities, and expenses (including legal fees) arising out of your breach of these Terms or misuse of the App. (This clause means, for example, if your misuse of the App causes the Company to be sued by someone else or incur costs, you will cover those costs. This may or may not be desired to include depending on original Terms, but is common.)
  • Language: These Terms are provided in English and in English. If there is a discrepancy between the English version and the French version, the English version shall prevail to the extent not prohibited by local law. All communications between you and the Company will be in English or French (unless the Company, at its discretion, provides support in another language).
  • Headings: The section titles and headings in these Terms are for convenience only and have no legal or contractual effect. They are intended to make the document easier to read and navigate, but they do not define, limit, or extend the scope of any provision.
  • Contact Information: The official contact information for the Company for the purposes of these Terms is: Dupont and Jensen SA, 41A, Avenue Du Bois 1251 Luxembourg, B215820, contact@dupontandjensen.com, +352 26 20 25 53. You may use these details for sending any notices required under these Terms (for example, notices of legal claims or account termination). We encourage users to contact The Company using the Chat feature available in the App. The Company may update its contact information by providing notice to you through the App or via email.

By agreeing to these Terms, you acknowledge that you have read and understood each provision and agree to abide by them. If you have any questions about these Terms, you may contact the Company for clarification.

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