Effective Date: [1/2/2016]. The following supersedes all prior Terms and Conditions. By participating or continuing to participate after the effective date, you agree to the following:
U By Emaar Terms and Conditions
These terms and conditions were last updated in January 2017. The following information forms the basis of participation in the U By Emaar rewards programme ("U By Emaar" or "Programme").These Terms and Conditions ("Terms and Conditions") are intended to protect the members of the Programme ("Members"), and Emaar Properties PJSC (which includes all subsidiaries of Emaar Properties PJSC) ("Emaar"). Participation in this Programme will be governed by these Terms and Conditions, and it is the Members’ responsibility to read and understand all of them.
The Terms and Conditions set out below, along with the Programme Rules are referred to as the "Terms and Conditions". The Terms and Conditions relating to earning and redeeming of Upoints, collection of tier Upoints, tier upgrades, renewals, downgrades and tier benefits (the "Programme Rules") are available on www.UbyEmaar.com. These Terms and Conditions apply to all Members of the U By Emaar rewards programme.
If Members require clarification or further information, they may contact the U By Emaar Call Centre on 800-LOYALTY within the UAE or on +971 4 567 2000 from outside the UAE. Alternatively, Members can also send U By Emaar an e-mail at email@example.com. Please note, however, the U By Emaar Terms and Conditions cannot be superseded or changed except in writing by Emaar.
"Emaar" means Emaar Properties PJSC, the entity with ultimate responsibility for U By Emaar rewards programme, or any other companies within the same group.
The U By Emaar "Terms and Conditions" are governed by and are to be construed under the laws of Dubai, UAE. Claims may not be resolved through any form of class action. By participating in the Programme, Members submit all disputes arising out of the programme to the exclusive jurisdiction of the Courts of Dubai, UAE. The Programme Terms and Conditions set forth herein supersede all prior Terms and Conditions.
Membership in and application for membership to U By Emaar is void if prohibited by law in the country of the Member's or applicant's domicile.
The Programme has no predetermined termination date and may continue until such time as Emaar decides to terminate the Programme, at any time, with or without notice. Members will have three (3) months from the date the Programme termination is announced to accumulate for and Redeem desired “Rewards”. This means that, regardless of the amount Members participate in the Programme, their right to accumulate Upoints and claim Rewards can be terminated by Emaar three (3) months after Emaar announces the Programme termination.
Emaar reserves the right to add, modify, limit, delete or otherwise change any of the rules, procedures, conditions, "Earn" and "Redeem" rules, Rewards, Tier Status and "Benefits" pertaining to the Programme at its sole discretion, with or without notice, even though changes may affect the value of Upoints already accumulated. This means that Emaar may make changes that affect, but are not limited to, "Participating Brands" including hotels, restaurants, leisure clubs and entertainment partner attractions within the "Emaar Portfolio", rules for earning and redeeming Upoints, "Redemption Threshold Levels", Tier Status, rules and procedures for the use of Benefits, continued availability of Rewards and the features of any or all special offers.
Only individuals of age of majority in their state of residence may enrol in the Programme and become Members (defined as individuals who have been accepted as Members by Emaar). Corporations, associations or groups are not permitted to enrol in the Programme.
Programme membership entitles Members to the right to Earn Upoints, which can be redeemed for Rewards in accordance with the Terms and Conditions. Member Benefits and Rewards, while offered in good faith, may not be available if prohibited by law or regulation in the Member's country of residence.
Members must not maintain membership or Earn and Redeem Upoints in multiple membership accounts.
Emaar reserves the right to discontinue Programme membership for any Member who appears to be using the Programme in a manner inconsistent with the Terms and Conditions or intent of the Programme or any portion of the Programme, including, but not limited to the earning and redemption of Upoints and the use of Benefits. Emaar also reserves the right to discontinue membership for any Member who acts in a manner inconsistent with local or federal laws, statutes or ordinances or if there are reasonable grounds for suspecting fraud, theft or dishonesty in connection with a Member's account as determined by Emaar at its sole discretion. Such discontinued membership may result in the loss of all accumulated Upoints, Tier Status, Benefits and privileges. In addition to discontinuance of membership, Emaar shall have the right to take appropriate administrative and/or legal action, including, and without limitation to, criminal prosecution, as it deems necessary at its sole discretion.
The sale or barter of any Upoints or other Benefits other than by Emaar is prohibited. Any Upoints or Benefits which Emaar deems at its sole discretion to have been transferred, sold or assigned in violation of the Terms and Conditions may be confiscated or cancelled.
All interpretations of the Terms and Conditions shall be at the sole discretion of Emaar.
Members who do not have "Eligible Activity" as defined in a consecutive fifteen (15) month period may be removed from the Programme and are subject to forfeiture of all remaining Upoints. To keep the accumulated Upoints, Members must take one of the following actions within a consecutive fifteen (15) month period:
Once the Upoints have been forfeited, the Member may not retrieve any forfeited Upoints but the Member may begin to Earn Upoints again, thereafter. Any Reward redeemed by the Member before the Upoints are forfeited is still valid. This applies to any year of enrolment including, and without limitation to, the first year of enrolment.
Each Member is responsible for remaining knowledgeable as to the Terms and Conditions and as to the number of Upoints in their account. Emaar may attempt, but is not required, to send correspondence to active Members to advise them of matters of interest, including notification of Upoints forfeiture or Programme changes. Neither Emaar, nor Partners or, if applicable, third party companies participating as marketing partners in the Programme will be liable for any failure to do so and will not be responsible for incorrect or inaccurate transcription of Member contact information, for problems related to any of the equipment or programming associated with or utilised by the Member, for any human error, for any interruption, deletion, omission, defect or line failure of any telephone network or electronic transmission, for problems relating to computer equipment, software, inability to access any website or online service, for any other technical or non-technical error or malfunction, for lost, late, stolen, illegible, incomplete, garbled, misdirected, mutilated or postage due mail or other delivery services or e-mail for whatever reason.
Each Member is responsible for creating private account access information and for maintaining the security of that information. If the security of that information is breached by the Member or a third party, Emaar shall not be liable for any access to that account not authorised by the Member, accumulation of Upoints, redemption of Rewards or other account activity that occurs as a result, and in no event shall Emaar be responsible for reimbursing the Member for any Upoints redeemed or other damages or losses claimed to occur as a result of that unauthorised access. If the Member becomes aware of any fraudulent activity, including unauthorised redemption of the Member's Upoints or Rewards, the Member must report the fraudulent activity to Emaar in writing within thirty (30) days of its occurrence and provide all further requested information and cooperation to Emaar to be eligible for reinstatement of lost Upoints or Rewards, wherein such reinstatement may be done at Emaar’s sole discretion.
Accrued Upoints do not constitute as a Member’s property. Except as specifically provided herein, accrued Upoints are not transferable under any circumstance.
Specific Benefits and services have been established for all Members. However, benefits and services offered by hotels within the Emaar Portfolio may vary. If Emaar or any Partner improperly denies a Member an accrual or Benefit, the liability of Emaar or the Partner will be limited to the equivalent value of that accrual or Benefit as determined solely by Emaar.
Emaar, is not responsible, and assumes no liability, for changes or discontinuances of the Partner's service or product(s) which may affect Rewards offered or the accrual of Upoints.
Nothing in the Terms and Conditions is intended or shall be construed to create or establish any agency, partnership or joint venture relationship between Emaar and the Partners.
In case of the death of a Member of U By Emaar, Upoints in the Member’s account may be transferred to another active Member upon Emaar’s receipt and approval of certain requested documentation and information. Upon written request to Emaar, a list of the required documentation will be supplied. To be eligible, the transfer must be requested in writing along with all required documents including a valid and official proof of death certificate. All of the information should be provided within one (1) year from the date of the Member’s death. Any transfer remains within the sole discretion of Emaar. Any decision made by Emaar in response to a request for transfer is final and not subject to further review or dispute. In such cases of agreed transfer, Tier Status, Tier Upoints and Benefits cannot be transferred and Upoints received by a Member through such a transfer will not count toward Tier Status. If there is any dispute, UAE law will apply.
Accrual of Upoints
Upoints can be earned at participating hotels, restaurants, leisure clubs and entertainment partner attractions within the Emaar Portfolio and U By Emaar rewards programme. Participating brands within the Emaar Portfolio and U By Emaar rewards programme are subject to change at any time, without notice. For a full listing of participating brands, visit the "Programme Website". If a hotel, restaurant, leisure club or partner entertainment attraction ceases to be a participating outlet within the Emaar Portfolio, all "Eligible Spend" subsequent to such date will not be entitled to Earn Upoints, regardless of when the reservation was made.
Member Tier Benefits
Tier Status – Renewals, Upgrade, Downgrade
Your Agreement to Our Use of Information about You
Conditions of Participation
Please read these Terms & Conditions carefully. These are the general Terms & Conditions governing your access and use of this website ("Site").
IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, PLEASE DO NOT USE THIS SITE. By continuing to use the Site and/or any of the services shown on the Site, you agree to be bound by these Terms and Conditions.
By using this site, you signify your agreement to Emaar’s Terms and Conditions. IF YOU DO NOT AGREE WITH THIS POLICY, PLEASE DO NOT USE THIS SITE. Your continued use of Emaar Properties PJSC and/or its affiliates' sites following the posting of changes to these terms will mean you accept those changes.
COPYRIGHT © Emaar Properties PJSC 2014, ALL RIGHTS RESERVED.
Copyright in the pages and in the screens displaying the pages, and in the information and material therein and in their arrangement, is owned by Emaar Properties PJSC unless otherwise indicated.
Emaar Properties PJSC, its subsidiaries, affiliates, contractors, and/or participating corporations are the owners of the trade and service marks appearing on this website and all rights are reserved in respect of such trade and service marks.
USE OF INFORMATION AND MATERIALS
The information and materials contained in these pages - and the terms, conditions, and descriptions that appear - are subject to change. Not all products and services are available in all geographic areas. Your eligibility for particular products and services is subject to Emaar’s final determination and acceptance.
The information and materials contained in this site, including text, graphics, links or other items - are provided “as is,” “as available.” Emaar does not warrant the accuracy, adequacy, or completeness of the information and materials and expressly disclaims liability for errors or omissions therein. No warranties of any kind, implied, express, or statutory, including but not limited to the warranties of non-infringement of third party rights, title, merchantability, fitness for a particular purpose and freedom from computer virus, are given in conjunction with the information and materials.
EXCLUSION OF LIABILITY
In no event will Emaar be liable for any damages, including without limitation direct or indirect, special, incidental, or consequential damages, losses or expenses arising in connection with this site or use thereof or inability to use by any party, or reliance on the contents of this site, or in connection with any failure of performance, error, omission, interruption, defect, delay or failure in operation or transmission, computer virus or line or system failure, even if Emaar, its representatives, are advised of the possibility of such damages, losses or expense, hyperlinks to other internet resources are at your own risk; the content, accuracy, opinions expressed, and other links provided by these resources are not investigated, verified, monitored, or endorsed by Emaar. This Exclusion clause shall take effect to the fullest extent permitted by law.
All information submitted to Emaar via this site shall be deemed and remain the property of Emaar who shall be free to use, for any purpose, any ideas, concepts, know-how or techniques contained in information a visitor to this site provides Emaar through this site. Emaar shall not be subject to any obligations of confidentiality or privacy regarding submitted information except as agreed by the Emaar or as otherwise specifically agreed or required by law.
These terms and conditions are subject to change and can be modified at any time without notice.
GOVERNING LAW & JURISDICTION
By accessing this website and obtaining the facilities, products or services offered through this website, you agree that the law of the United Arab Emirates (UAE) shall govern such access and the provision of such facilities, products and services and you agree to submit to the exclusive jurisdiction of the UAE courts.