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TERMS AND CONDITIONS

INTRODUCTION

  • These terms and conditions (“Terms”) apply to your use of the Loyalty Program of Virgin Megastore (the “LP”) which is owned and operated by VStar Multimedia LLC. (“Virgin”). These terms apply whether you are accessing this Website through any means whatsoever, including but not limited to any computer system, mobile device or by using any application that is provided by Virgin.
  • These Terms set out the relationship between Virgin and you, and the terms on which Virgin provides the LP, the terms on which products (“Products”) are redeemed via the LP and general terms applicable to your use of the LP and redemption of Products. You may not use this LP, and you may not proceed to redeem a Product on the UAE Virgin Website or any physical store within UAE, if you do not agree to these Terms.
  • These Terms are effective from 1 May 2018. Virgin may change these Terms at any time and without prior notice by posting an updated version of the Terms on its Website. Virgin encourages you to check its Website regularly for any amendments to the Terms and to read the Terms each time you purchase a Product on this Website. Your continued use of your account and the Website will constitute your express consent to these Terms.
  • Nothing in these Terms affects your statutory rights, either as a consumer or otherwise.
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YOUR PROFILE

  • You will need to register with Virgin LP within 14 days following your purchase of any products from one of our UAE stores or online website or application. Failure to register within the 14 days shall mean forfeiture of your dots and any rights granted in these Terms. You may register your account through the Virgin Website and only if your membership has not previously been withdrawn or suspended by Virgin. Virgin reserves the right to reject any membership for any reason whatsoever.
  • You are responsible for maintaining the confidentiality of your account user name and password and for preventing unauthorised access to your profile. You agree to accept responsibility for all activities that occur under your account or password. Please take all necessary steps to ensure that the user name and password are kept confidential and secure. Please inform Virgin immediately if you have any reason to believe that your user name and/or password has become known to anyone else, or is being, or is likely to be, used in an unauthorized manner. Virgin shall not be held liable for any loss, theft, damage or unauthorized use of you account.
  • By entering the information, you consent to the collection and use of information as set forth in our Privacy Policy and you warrant that the details you provide to Virgin are correct and complete and you agree that you will inform Virgin immediately of any changes to those details (e.g. change of email or postal address). You can access and update your details using the "My Account" area of the Website or app as made available by Virgin.
  • You will not be charged by Virgin for registering an account, browsing through or posting content. You will, however, be responsible for paying any additional amount which exceeds your dots for the products you have redeemed (including any tax on the purchase price and any import/export duties) and delivery costs.
  • Virgin reserves the right to refuse access to the Website, Application or account, terminate accounts, remove or edit content, or cancel orders at Virgin’s sole discretion. If Virgin cancels a redemption, it will be without charge to you.
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PRODUCTS

  • Virgin is not the manufacturer of the Products and services redeemed via the LP. Virgin will do its best to ensure that the products’ information provided is accurate, but it does not warrant that it is accurate, complete, reliable, current, or error-free. You should not rely solely on the information presented on the Website, and you should read labels, warnings and directions provided with the product or service. Please let Virgin know of any errors that you find.
  • Virgin has made every effort to display the colors, specifications and dimensions of Products on the Website as accurately as possible. The colors you see will depend on the resolution of your monitor; Virgin cannot guarantee that your monitor's display of any color will reflect accurately the color of the Product delivered. Virgin may from time to time vary the dimensions, specifications and quantities of Products displayed on the Website without prior notice.

REGISTRATION, COLLECTION AND REDEMPTION

  • You can register to our LP program within 14 days of your purchase made in any of our stores in UAE. Failure to register within 14 days will mean forfeiture your dots or any rights granted within these terms and conditions.
    Using your loyalty account in any of our UAE stores, Website or application while purchasing any product will allow you to collect dots to be redeemed as per the terms and conditions.
    Earn dots on every purchase order. Every Riyal you spend will earn you 1 dots. You cannot redeem you dots unless you have earned 2500 Dots (which is equal to 25 QR) and you can only redeem any multiple of 25 Riyals.
    Virgin, at it sole discretion, will occasionally be running promotions where you will be given the chance to double or more your dots when purchasing a selection of Products, and you may also qualify for exclusive discounts as per the terms set by Virgin at its sole discretion, which will be communicated to you as per these Terms.
    Virgin, at its sole discretion might offer any LP member prizes, including but not limited to concert tickets, movie premiere tickets and other prizes, and you might gain exclusive services and offers with any of our partners.
    When redeeming your dots, Virgin collects certain personal and transactional information (e.g. name, address, email address). For details on how Virgin uses this information, please read Virgin’s Privacy Policy.
  • You may redeem your dots against any of Virgin’s Products available in any UAE store or online through the UAE Website or app.
  • When you redeem your dots through the LP, and although Virgin receives your redemption request, this does not constitute Virgin’s acceptance of your redemption order.
  • Virgin acceptance of redemption online or in store is subject to availability. If for any reason the Products you ordered are no longer available, Virgin will contact you using the contact details you supplied when requesting your redemption and either:
    i. offer you an alternative Product of equivalent quality and dots value if this is possible; or
    ii. cancel the Product from your redemption and return back the redeemed dots to your account. If Virgin is unable to contact you or do not receive a response from you, Virgin will automatically cancel the Product from your redemption and return back the redeemed dots to your account.
  • If you order products online, you agree to pay the full amount payable for such Products as indicated during the order process, along with any shipping costs or other charges applicable to that order. If the issuer of your credit or debit card refuses to authorise payment, Virgin will cancel your order and contact you for an alternative method of payment. Virgin cannot be held responsible if this results in a delay in dispatching your order.
  • It is your responsibility to keep track of the status of your redemption request.
  • Please note that Virgin cannot guarantee the security of data that you send to Virgin by email. Accordingly please do not send Virgin sensitive data and information using email.
  • Virgin will not be liable to you for any losses caused as a result of unauthorised access to the personal and transactional information you provide to Virgin when requesting a redemption.
  • If you are under 18, you acknowledge and warrant that you have permission from your parent or guardian to use this Virgin LP, Website and app to redeem your dots and manage your account.

NO CANCELLATION POliCY

  • Redemption requests are not cancellable nor refundable and cannot be exchanged for cash or any other reward and cannot be sold, transferred or otherwise dealt with except in accordance with these Terms.
  • Any electronic or mobile product deemed defective must be inspected by an authorized service center appointed by Virgin in order to validate its condition before an exchange is given.

USE OF THE WEBSITE

  • Virgin will use its best endeavor to maintain all information concerning the LP, Website and Application up to date, however the aforementioned information might contain errors. You are solely responsible to read and understand the information you use and your usage of this LP , Website and application shall be at your own risk. If you identify errors, you should notify Virgin by calling or emailing Virgin's contact center.
  • You must not conduct or promote any illegal activities while using this the LP, Website and Application. This includes any activities that (in Virgin's sole opinion) breach copyright, infringe on privacy or infringe any third party rights as well as activities that are defamatory to third persons. To do so may lead to LP account disabling and prosecution.
  • You must not use this the LP, Website and Application to generate unsolicited emails, spam or promotional materials to other Users.
  • You must not do anything to cause damage to the LP, Website and Application or other users of the Website, including any technical damage to the other computers.
  • You must not send any viruses or other material designed to adversely affect the operation of the LP, Website and Application, affect any other users of the Website or affect any equipment or any data in the Website.
  • You must not attempt to gain access to the the LP, Website and Application or the system that runs them. You must not interfere with the security of the Website, its services, system resources or network.
  • You must not use the Website in any manner that could damage, overburden or impair the Website nor harvest or otherwise collect any information about the other users.
  • You must not link to the LP, Website and Application without seeking Virgin's prior written consent. You must not frame the LP, Website and Application on another website without seeking Virgin's prior written consent.
  • You must not charge third parties for accessing the content of the LP, Website and Application, nor can you in any way commercialise its content.
  • You must not change, edit, add to or produce summaries of its content anywhere else.
  • You must not disclose your contact details including but not limited to phone numbers, addresses, or email addresses anywhere on the LP, Website and Application including the feedback area, discussion forum or through any e-mail feature of the Website intended to bypass use of the LP, Website and Application.
  • It is illegal to request a redemption under a false name, with a fraudulently obtained LP account or without the consent of the LP account.
  • Any party engaged in illegal activities involving the use of this the LP, Website and Application may be subject to prosecution. Virgin does not guarantee that Virgin will be able to prevent any illegal or inappropriate use of this the LP, Website and Application, or will give notice of any illegal or inappropriate use of this the LP, Website and Application.

USER CONTENT AND BEHAVIOUR

  • You agree to comply with all legal requirements and regulations of the jurisdiction in which you are located with regard to your use of the LP, Website and Application including but not limited to data privacy protection laws, and you acknowledge that you are entirely responsible for ensuring your own familiarity with such requirements and your own compliance with these requirements.
  • Members of the public are able to post comments, information and other material (“User Content”) on the LP, Website and Application. You must not post User Content that is offensive, indecent or objectionable or which denigrates any person or entity within the LP, Website and Application. You understand that the person who submits User Content is responsible for that User Content. In the same way, you are entirely responsible for the User Content that you make available to or through the LP, Website and Application. Virgin is not liable for any User Content. Virgin has the right (but not the obligation) to refuse, edit or remove any User Content.
  • Whilst Virgin intends to refuse, edit, or remove any User Content that is offensive, indecent or objectionable, Virgin may not be able to do so before you are exposed to such User Content. Please notify Virgin if you find User Content that is offensive, indecent or objectionable.
  • Virgin does not and cannot guarantee the accuracy, integrity or quality of User Content. Additionally, Virgin is not liable for any loss or damage that you suffer because of your use of or reliance on the User Content. User Content may not be accurate - please make your own enquiries before relying on any User Content.
  • Once you submit User Content to the LP, Website and Application, you grant Virgin a worldwide, royalty-free and non-exclusive license to use, exploit and modify the User Content in any way in all media. Amongst other things, it may be included within the Website.

LOSSES

  • Virgin will not be responsible for any losses you suffer as a direct result of Virgin breaching these Terms even if those losses were reasonably foreseeable to both you and Virgin at the time of the contract for the sale of Products by Virgin to you was formed (which is formed at the time that Virgin sends the confirmation email to you). Virgin will not be responsible to you or any third party for any business loss (including loss of revenue, profits, contracts, anticipated savings, wasted expenditure, data or goodwill) or any other loss or damage which does not result directly from Virgin's error and negligence.
  • Without limiting the generality of the above, you acknowledge and agree that, to the extent permitted by law, neither Virgin, nor Virgin's suppliers nor any of Virgin's employees, agents or contractors will be liable for any misadventure, accident, injury, loss or claim suffered either directly or indirectly by any person caused by :
    i. any material, including any statements made by any other user of the Website or any other person;
    ii. in relation to the failure of any material (including any order for a product) to be received on the Website on account of technical problems or traffic congestion;
    iii. arising from or related to any problem or technical malfunction of any network or lines or mobile communications network related to or resulting from participation in this Website;
    iv. arising from or related to any problem or technical malfunction of any computer equipment, software, internet connection, any injury or damage to entrant's or any other person's computer software related to or resulting from participation in this Website; or
    v. as a result of the communication of the Website to the public, the exploitation of the Website or any promotional activities relating to the Website.
  • Virgin's liability to you under these Terms will not exceed the total price charged for the Products purchased. Nothing in these Terms excludes Virgin's liability to you for personal injury or death caused by Virgin's negligence.
  • Virgin will not be responsible to you for any delay or failure to comply with Virgin's obligations under these Terms if the delay or failure arises from any cause beyond Virgin's reasonable control.
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SECURITY

  • If you are dissatisfied with the LP, Website and Application or any content or materials on it, your only remedy is to discontinue your use of it. Further, you agree that any unauthorized use of the LP, Website and Application and its services as a result of your negligent act or omission would result in irreparable injury to Virgin and Virgin will treat any such unauthorized use as subject to these Terms.
  • Virgin take reasonable precautions to ensure the LP, Website and Applications safe to use, but Virgin do not warrant that this LP, Website and Applications virus free or free from anything else which may have a harmful effect on any technology. It is your responsibility to install suitable virus protection software on your computer. Virgin is not liable for any loss or damage caused by a virus or other material that may be harmful to your equipment or data because of your use of this Website or application of Virgin's services. This includes anything that happens when you download material or use a link on this LP, Website and Application.
  • While Virgin takes reasonable measures to ensure the constant availability of the LP, Website and Application, Virgin does not warrant that it will always be available or that it will operate in an uninterrupted manner. Due to the nature of the internet, mobile connectivity and the operation of mobile applications, outages may occur. Virgin may need to restrict or suspend access to the LP, Website and Application from time to time to allow for repairs, maintenance or the introduction of new facilities or services.
  • Virgin does not endorse any third party supplier or User Content on the LP, Website and Application. Virgin does not accept liability for any content posted on the LP, Website and Application by any third party or for the conduct of any third party. Although Virgin tries hard to enforce the terms relating to content, you may be exposed through the use of the LP, Website and Application to content or conduct that is in breach of Virgin's rules as described in these Terms or may otherwise be offensive. You use the LP, Website and Application at your own risk in relation to such content.
  • It is your responsibility to have suitable browser or third party software to view and transact on the LP, Website and Application. Virgin does not accept any responsibility for any loss of functionality that is dependent on the technology that you use.
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liNKS TO THIRD PARTY SITES

  • This LP, Website and Application may contain links to other websites. Virgin makes no representations or warranties as to the content, privacy practices and other practices of any websites operated by a third party and Virgin does not assume responsibility for the content or practices of such websites. You should check the terms and conditions and privacy policies for all third party websites you visit to understand their procedures.
  • If you use any material, or visit any linked website, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive material. Virgin does not endorse and are not responsible for the use of, or the content of, any third party websites. Virgin is not responsible for anything that may happen when you use them.
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SUSPENDING AND TERMINATING YOUR ACCOUNT

  • Without affecting any other rights and remedies Virgin has the right to suspend or terminate your LP account and use of the LP, Website and Application and revoke any accrued dots if: i. you breach these Terms or the terms of any of Virgin's policies;
    ii. Virgin suspect on reasonable grounds that you might commit a breach of these Terms;
    iii. you engage in any activity that is against the law;
    iv. you do anything that adversely affects Virgin's business or reputation;
    v. Virgin considers that you are disrupting, abusing, disturbing or interrupting the operation of LP, Website and Application in any way; or of you provided misleading information to us or to our partners or employees.
    vi. Virgin considers that you are a fraud risk, are using multiple accounts, are using proxy internet protocol addresses to hide the use of multiple accounts; or
    vii. Virgin considers it is necessary, for any reason, to protect Virgin or the users of the LP, Website and Application.
    viii. If you do not use your LP account for a period of 12 consecutive months or in case of death or bankruptcy.
  • You can deregister your account and stop using the LP, Website and Application at any time. Virgin will keep your account and all your content in an inactive mode but it may not necessarily be deleted. If Virgin elects at Virgin's discretion to permanently delete all your content after you have deregistered your account or for any other reason (including a period of inactivity on your part), it will not be able to be recovered or accessed again and Virgin will have no liability or responsibility for this.
  • Without prejudice to any other of Virgin's rights and remedies under these Terms or at law, Virgin may choose to take other technical and/or legal steps against any person who create problems or possible legal liabilities of any kind, who infringe act inconsistently with these Terms, Virgin's policies or any relevant law.
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FORCE MAJEURE

  • Neither party will be liable to the other under these Terms or any other agreement between the parties, for any loss or damage which may be suffered by the other party due to any cause beyond the first party's reasonable control including without limitation any act of God, exceptionally severe weather, failure of shortage of power supplies, flood, drought, lightning or fire, strike, lock-out, trade dispute or labour disturbance (other than those of the parties), the act or omission of government, highways authorities, other telecommunications operators or administrators or other competent authority, war, military operations, acts of terrorism or riot, royal demise etc.
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REPRESENTATIONS AND WARRANTIES

  • You undertake, represent and warrant that:
    i. if you are a corporate representative, you have authority to bind the corporate entity; and
    ii. you will comply with all applicable domestic and international laws and regulations regarding and relating to your use of the Website and the ordering of Products.
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ELECTRONIC COMMUNICATION

  • To fulfill Virgin's obligations to you under these Terms, Virgin may, if it wishes, communicate with you by email and by posting notices on the Website. You agree to receive communications from Virgin electronically and that electronic communications will satisfy any legal requirement for communications which need to be in writing.
  • Virgin may also send you promotional emails if you have agreed to receive such communication. If at any time, you decide that you do not wish to receive such promotional emails, you can opt out of receiving such emails by updating the relevant setting for your account or by calling or emailing Virgin's contact centre or by following the link (if any) at the end of any promotional email to unsubscribe.
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INTELLECTUAL PROPERTY RIGHTS

  • The LP, Website and Application content is protected by copyright, trademark and other intellectual property rights. Virgin, or Virgin's licensors (as appropriate), retain all rights in such content. You are only permitted to access and use this Website for personal purposes. You may not use the LP, Website and Application or any of its content, to further any commercial purpose, including any advertising or advertising revenue generation activity on your own website. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, or sell any content or software contained within the LP, Website and Application.
  • Virgin and Virgin Megastore as well as the Virgin and Virgin Megastore Logos are trademarks of VIRGIN MEGASTORE.
  • Virgin is not responsible for any error or inaccuracy in any advertising or sponsorship material on the Website.
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RELATIONSHIP AND NOTICE

  • None of the provisions of these Terms will be deemed to constitute a partnership or agency between you and Virgin and you will have no authority to bind Virgin in any manner whatsoever.
  • Except as explicitly stated otherwise, any notices to Virgin from you will be given by email to hello@virginmegastore.ae with a physical copy sent to Virgin by mail or courier, such notice deemed given on confirmation of its receipt to you by Virgin by return email. Any notices to you from Virgin will be given by notices posted on the Website or by email to the email address, you provide to Virgin during the registration process and will be deemed to be received by you 48 hours after any such email is sent. Alternatively, Virgin may give you notice by mail or prepaid shipping to the address provided to Virgin during the registration process. In such case, notice will be deemed given 7 days after the date of mailing.
  • If any clause of these Terms is deemed invalid, void or for any reason unenforceable, such clause will be deemed severable and will not affect the validity and enforceability of the remaining clauses of these Terms.
  • These Terms (as amended from time to time in accordance with its terms) sets out the entire understanding and agreement between you and Virgin with respect to the use of the Website and application.
  • Any failure by Virgin to enforce any terms set out in these Terms or other policies with you is not a waiver of Virgin's rights to enforce those terms.
  • The terms and conditions are originally drafted in English and in case of discrepancies between the Arabic and English language, the English language will prevail.
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GOVERNING LAW AND JURISDICTION
  • These Terms are governed by and construed in accordance with the laws in force in UAE. You agree to submit to the non-exclusive jurisdiction of the courts of UAE.
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