USER TERM OF USE
This is a legally binding agreement between you (“You” or “you”) and MobiCom eCommune Inc, a Delaware corporation located at 6010 W Spring Creek Parkway, Plano, Texas 75024 (“MobiCom” or “us” or “we”) governing your use of OneClubNet and/or its related internet and web components (collectively, the “Platform”).
Please read it carefully. By clicking “I Agree” or visiting/using/installing the Platform or any updates OR by streaming its content from any web portal (as may be applicable), owned by MobiCom, you agree to the terms and conditions contained herein.
MobiCom has established an ecosystem known as “OneClubNet™” whereby, inter alia private clubs and members of private clubs can interact, transact and avail the various benefits offered by MobiCom through its partner network of brands, corporations and other entities (“OneClubNet”). The OneClubNet ecosystem may be used by other clubs, members of other clubs, brands, corporates and their employees (“Users”).
Your use of the Platform and the underlying services and tools offered through the Platform, and such other benefits, offers, products and services that MobiCom may provide (collectively the “Services”) are subject to and governed by the following terms and conditions (“Terms”).
In addition to these Terms, when you use any of the Services provided as part of OneClubNet, you may be subject to separate and specific rules, guidelines, policies, terms, and conditions applicable to such Service, and such conditions shall be treated as an integral part of the Terms.
In addition to these Terms and depending on the Services opted for by you, you shall be required to read and accept the relevant terms and conditions of service (“TOS”) for each such Service as displayed on our Platform or as otherwise made available to you by MobiCom, which may be updated or modified by MobiCom from time to time. Prior to availing of such Service, you must accept the specific TOS for such Service as displayed on the Platform, or otherwise communicated to you. Utilisation of our Services shall be deemed to be acceptance of the TOS and these Terms. Such TOS shall be deemed to be a part of these Terms and in the event of a conflict between such TOS and these Terms, these Terms shall prevail.
In order to access and use the Platform or register yourself on a MobiCom Platform, you must agree that:
- You have the right, authority and legal capacity to agree to the Terms on behalf of yourself/ these Terms have been agreed to on behalf of an authorised representative;
- You have read, understood and agree to be bound by the Terms with respect to yourself and any minor/ entity authorized by you; and
Account and Registration Obligations
- You must register yourself on the Platform to access and use the Platform and avail the services. The steps to use the Platform shall be communicated to you via registered electronic mail.
Availing of Services
- When you register yourself on the Platform, you agree and undertake at all times to be responsible for maintaining the confidentiality of your password and user ID and shall be fully responsible for all activities that occur by use of such password or user ID. Further, you agree not to use any other User’s user ID and password for any purpose whatsoever without proper authorization from such User. You are responsible for the security of your password and for all transactions undertaken using your password through our Platform. The password entered by you is encrypted and is not known to us. We will not be responsible for any financial loss, inconvenience or mental agony resulting from misuse of your account/password/credit card number/account details number on our Platform.
- You agree to immediately notify us of any unauthorized use of your password or user ID.
- You also agree to: (i) provide true, accurate and complete information about yourself and any third parties on whose behalf you are availing of Services; and (ii) maintain and promptly update such data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate and refuse any and all current or future use of the Platform and/or any Service.
- Furthermore, you grant us the right to disclose to third parties such data that you may provide to the extent necessary for the purpose of carrying out any Services authorised by you.
- Prior to availing of any Services, you shall be provided with the specific TOS as well as details specific to such Service, which are also subject to our general Terms and any other applicable MobiCom policies. Utilisation of such Service shall be deemed to be acceptance of such Terms, TOS, Service specific details, and applicable MobiCom policies.
- MobiCom at its sole discretion reserves the right not to accept any order or request for Services placed by you through the Platform without assigning any reason thereof.
- Any contract to provide any service by MobiCom is not complete until any monetary terms towards the Service is fulfilled by the User and accepted by MobiCom.
- While we endeavour to provide quality Services and accurate pricing information, typographical and other errors may occur. In the event that a Service is listed at an incorrect price or with incorrect information due to an error in pricing or Service information, we may, at our discretion, either contact you for instructions or cancel the provision of such Services. If we cancel the provision of such Services after the payment has been processed, the said amount will be remitted to your account from which the payment was made.
Services availed from other Users, clubs, brands, corporations and service providers
Through this Platform, you may interact and make reservations at private clubs, or avail of services or products (“Third Party Services”) through third party service providers (which may include private clubs) (“Service Providers”). You acknowledge that MobiCom is not and cannot be a party to or control in any manner any transactions between Users and Service Providers. Consequently, you acknowledge that:
- The private clubs that you may be provided access to may be different from members of other clubs. This happens because clubs may choose, at their own discretion, to remove access from certain clubs and their members.
- Your correspondence or dealings with Service Providers found on or through the Platform, including payment and delivery of related products or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such Service Provider. We shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such Service Providers on the Platform.
- MobiCom does not make any representations or warranties as to the Services proposed to be provided by Service Providers via the Platform. MobiCom does not implicitly or explicitly support or endorse the sale or purchase of any Third-Party Services on the Platform. MobiCom does not verify the nature of any Third-Party Services proposed to be sold or provided, and merely acts as a platform to connect Users to Service Providers. Accordingly, you acknowledge that you and any User(s) and/or Service Providers you may interact or transact with via the Platform are each solely liable for your own acts or omissions and any loss or damage thereto. MobiCom is not the service provider and cannot therefore control or prevent changes in the published descriptions or representations, which are always based upon information provided by the Service Providers. MobiCom acts only as a facilitator for Third Party Services and shall not be held liable for any changes, deficiencies, disputes, etc. related to the Third-Party Services, including the matters related to delays in refunds or no refunds, of the fares and charges paid to Service Providers.
- When you use any Third-Party Services, such as making reservations at clubs, you agree to adhere to the rules and conditions set down by such Service Provider. For example, you agree that you will adhere with any club rules related to dress code, usage of facilities etc. Further you agree to respect the property of such Service Provider and will be solely liable for any loss or damages you may cause. In the event you fail to adhere to such terms, MobiCom reserves the right to immediately discontinue your access to the Platform and take such other action as it may deem necessary.
- When you use any Third Party Services at a private club such as requesting access, booking a venue for a private event or participating in any promotions, you must carry your home club membership card or club identity card during your visit to the other club in order to establish your identity. If the host club has reason to believe that there is a mis-match or misrepresentation of the identity of the member, they have complete discretion to reject permission to you to avail of the Third Party Services booked and take such other action as they may be deemed necessary. MobiCom shall not be responsible for any loss caused to you in such instance and is not liable to make any refunds. Further, MobiCom reserves the right to immediately discontinue your access to the Platform and take such other action as it may deem necessary.
- You agree that MobiCom is not responsible and shall not be held liable for any failure of the Service Provider to make available any Third-Party Services, for whatever reason or cause.
Plan, Fee and Terms
- There are no fees or charges applicable for licensing or registering yourself on the Platform, as a User. However, if you were to place a request for access to any Private Club on OneClubNet through the Platform, you will have to subscribe to any one of the annual subscription plan (Plan) and liable to pay an annual non-refundable subscription fee (Fee) valid for 365 days from the date of subscription, as under:
- Basic plan, Fee USD 50 – Unlimited request for access but limited to two confirmed bookings
- Premium plan, Fee USD 100 – Unlimited request for access but limited to five confirmed bookings
- Privilege plan, Fee USD 250 – Unlimited request for access and unlimited confirmed bookings
- Confirmed Bookings mean your request for access confirmed by the Club as an accepted booking at their end. Clubs have the sole discretion to confirm or decline your request for access based as per their preference and criteria for consideration. If you have requested access to multiple clubs, it shall be your responsibility to confirm acceptance of one or more of those confirmed bookings as limitations of the subscribed plan if any, will apply. If you or the club cancel a confirmed booking, you will be entitled to make another booking as eligible within your Plan.
- Your subscription plan will be renewed automatically at the end of the subscription period, unless cancelled by you prior to the renewal date. Unused confirmed bookings if any are not transferable to the next subscription plan period. You cannot combine multiple subscription plans at any given time.
- Your request for access will not be processed by MobiCom unless you have subscribed to one of the Plan prior to availing of the service. However, if you were to avail the services of any Club on OneClubNet with a booking made using the Platform, it will be deemed that you have also accepted the Privileged Plan and the Fee applicable as per that Plan will be charged by MobiCom and your credit card will be processed accordingly.
- MobiCom reserves the right to change the Fee at any time and will provide you with adequate notice of any Fee changes before they become effective. Such Fee changes will not affect any bookings made prior to the effective date of the Fee change.
- Any amendments or cancellations, including processing of refunds (if any) shall be as per Cancellation Policy.
- Any amendments or cancellations to Third-Party Services, including processing of refunds (if any) shall be as per the policies of the respective Service Provider, and MobiCom shall not be responsible for the same. Amendments and cancellations may also be subject to either MobiCom’s cancellation policy or the said Service Provider’s cancellation policy, as may be intimated to you prior to availing the Third-Party Service. If applicable and subject to the Service Provider’s policies, you may receive alternate options for provision of such Third-Party Services that may be available, and in such instance, any payments made by you may be adjusted towards such alternative services.
- You acknowledge that you will make all payments for Third Party Services availed via the Platform only through the Platform and will not make any direct payments to Service Providers, unless explicitly agreed upon by MobiCom. Users should not take any action until they have received a confirmation of the User’s transaction.
- The total price payable will be displayed to you before making payment. Users are hereby informed that in case of a booking or transaction request being rejected by a Service Provider (i.e. not confirmed by the applicable Service Provider), any amounts collected by MobiCom for such booking will be refunded to the User’s Account used for making the payments. As a general rule, we will only remit to the Service Provider any applicable amount due once we receive confirmation of a booking from the Service Provider.
- You acknowledge that payments for Third Party Services may be in the local currency of the Service Provider. As an international customer, you may incur transaction charges, foreign exchange conversion charges etc. on the purchase of such Third-Party Services. We recommend you consult the exact nature and amount of charges with your bank before proceeding for payment. Please note that MobiCom cannot control any fees that may be charged to User by his/her/its bank related to such a transaction and MobiCom disclaims all liability in this regard.
- MobiCom reserves the right to refuse to process transactions by Users with a prior history of questionable charges at the sole discretion of MobiCom, including without limitation breach of any agreements with MobiCom, or breach/violation of any Law or any charges imposed by any Banks.
- MobiCom may do such checks as it deems fit before approving the receipt of a User’s commitment to pay the transaction price. As a result of such check if MobiCom is not satisfied with the creditability of the User or genuineness of the transaction / transaction price, it will have the right at its sole discretion to reject the commitment to pay transaction price and impose such other conditions as it may deem fit. We are a facilitator for payment from User to the Service Provider and our obligation to pay the Service Provider is conditional upon successful receipt of the associated payments from User. MobiCom does not guarantee payments to Service Providers for amounts that have not been successfully received by us from Users.
- MobiCom may delay notifying confirmation of any payments received, or confirmation to provide any Services/Third Party Services, in the event that MobiCom, in its sole discretion, deems the actions or inactions of a User to be suspicious or not bona fide. MobiCom shall be entitled to take such actions as it may deem fit in such a situation, including but not limited to issuing instructions to hold payment of a transaction price (or part thereof), or informing relevant law enforcement officials of the same.
Usage of Platform
You agree, undertake and confirm that your use of the Platform shall be strictly governed by the following binding principles:
- You shall not host, display, upload, modify, publish, transmit, update or share any information which:
- infringes upon or violates any third party's rights including, but not limited to, intellectual property rights, right to privacy (including without limitation unauthorized disclosure of a person's name, email address, passport or other identity card details, physical address or phone number) or rights of publicity or involve the sale of counterfeit or stolen products. Any information that is not your intellectual property will identify the holder of intellectual property rights in such material and shall be done so with the prior permission of such holder;
- is misleading in any way, grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering, or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing as construed under applicable Law from time to time;
- involves the transmission of 'junk mail', 'chain letters', or unsolicited mass mailing or 'spamming';
- promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous;
- promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files, or provides instructional information about illegal activities such as making or buying illegal weapons or providing or creating computer viruses;
- contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);
- provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone;
- tries to gain unauthorized access or exceeds the scope of authorized access to the Platform or to profiles, communities, account information, bulletins, or other areas of the Platform or solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;
- engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising and pyramid schemes, or the buying or selling of 'virtual' products related to the Platform;
- interferes with the Platform or with another User's use and enjoyment of the Platform;
- refers to any website or URL that, in our sole discretion, contains material that is inappropriate for the Platform or contains content that would be prohibited or violates the letter or spirit of these Terms;
- deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
- impersonate another person;
- contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information;
- shall directly or indirectly, offer, attempt to offer, trade or attempt to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable Law;
- shall create liability for us or cause us to lose (in whole or in part) any business or services; or
- violates any Law for the time being in force;
- You acknowledge that we are the owner of all intellectual property rights in any material which we have created or commissioned a third party to create. You shall not use any program, algorithm or methodology, or any similar or equivalent manual process, to copy or in any way reproduce or circumvent the navigational structure or presentation of the content on the Platform, to obtain or attempt to obtain any data or information about the Platform or the content through any means other than that which has been purposely made available through the Platform. You shall not copy, translate, disassemble, decompile, create or attempt to create the source code from the object code, or reverse engineer our intellectual property. You will not do or cause or permit anything which may damage or endanger our intellectual property or assist others to do so. You will not challenge the validity of our intellectual property and shall immediately notify us of any suspected infringement of the intellectual property. "MobiCom", “OneClubNet”, the MobiCom logo, and other marks indicated on the Platform are trademarks of MobiCom. Other MobiCom or MobiCom graphics, logos, page headers, button icons, scripts, and service names are trademarks or trade dress of MobiCom. MobiCom's trademarks and trade dress may not be used in connection with any product or service that is not MobiCom's, including in any manner that is likely to cause confusion amongst Users, or in any manner that disparages or discredits MobiCom. All other trademarks not owned by MobiCom that appear on the Platform are the property of their respective owners.
- MobiCom has no control on all text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music and artwork generated by Users. You acknowledge that MobiCom is merely an intermediary for the purposes of these Terms.
- You shall not attempt to gain unauthorized access to any portion or feature of the Platform, or any other systems or networks connected to the Platform, by hacking, password 'mining' or any other illegitimate means.
- You shall not probe, scan or test the vulnerability of the Platform or any network connected to the Platform nor breach the security or authentication measures on the Platform, or any network connected to the Platform. You may not reverse look-up, trace or seek to trace any information on any other User of or visitor to the Platform, or exploit the Platform or any Service or information made available or offered by or through the Platform, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Platform.
- You shall not make any negative, denigrating or defamatory statement(s) or comment(s) about us or the brand name or domain name used by us or otherwise engage in any conduct or action that might tarnish the image or reputation, of MobiCom, the Users, Service Providers or the Platform or otherwise tarnish or dilute any MobiCom’s trade or service marks, trade name and/or goodwill associated with such trade or service marks, trade name as may be owned or used by us.
- You shall not establish any direct engagement with the Clubs or Third-Party Service Providers outside our Platform with regard to the Services and Third-Party Services. If you were to do so, you will be liable for penalties determined by MobiCom. All the communications or payments or any other transactions for a booking of any Service, shall be done only through the MobiCom Platform.
- You shall at all times ensure full compliance with applicable Law. A reference to any applicable Laws or to any legislation, or to any provision of applicable Laws or of any legislation includes a reference to such applicable Laws or legislation as amended, modified or re-enacted from time to time unless the context otherwise requires.
- In order to facilitate interaction amongst all Users and to avail of Services by MobiCom and Third-Party Services, the Platform may allow you access to information with regard to other Users, including contact information. You agree that you will use such information only for (a) communications in relation to usage of the Platform and the Services / Third Party Services, which are not unsolicited commercial messages; (b) in accordance with the usage expressly permitted by such User; and (c) in accordance with applicable Law. In all such instances, you agree that you shall provide such Users the opportunity to remove themselves from your database and a chance to review, modify, delete etc., (if required) such information that you may have collected about them at all times. In addition, under no circumstances, can you disclose personally identifiable information about another User to any third party without the express consent of such User. You acknowledge that you are solely responsible for any unauthorised use of the same. You will not communicate with a User without their express consent after adequate disclosure.
- We reserve the right, but have no obligation, to monitor the materials uploaded, posted or published on the Platform. MobiCom shall have the right to remove or edit any content that in our sole discretion violates, or is alleged to violate, any applicable Law or either the spirit or letter of these Terms. Notwithstanding this right, you remain solely responsible for the content you post on the Platform and in your private messages. In no event shall MobiCom assume or have any responsibility or liability for any content posted or for any claims, damages or losses resulting from any content on the Platform.
- Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Platform, including payment and delivery of related products or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. We shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Platform.
- It is possible that other Users (including unauthorized users or 'hackers') may post or transmit offensive or obscene materials on the Platform and that you may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about you due to your use of the Platform, and that the recipient may use such information to harass or injure you. We do not approve of such unauthorized usage, but you acknowledge and agree that we are not responsible, to the extent permitted by applicable Law, for any such actions, or for the safety and security of any personal information that you publicly disclose or share with others on the Platform.
- Except as expressly provided in these Terms, no part of the Platform may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including 'mirroring') to any other computer, server, application, website or other medium for publication or distribution or for any commercial enterprise, without MobiCom’s express prior written consent.
- You may use information purposely made available on the Platform for downloading, if any, provided that you (1) do not remove any proprietary notice language in all copies of such documents, (2) use such information only for such purposes for which they have been made available and in accordance with the terms upon which they have been made available, (3) make no modifications to any such information, and (4) do not make any additional representations or warranties relating to such documents.
- MobiCom may but is not obliged to mediate or resolve any dispute between you, or between you and the Service Providers.
- MobiCom does not make any representation or warranty with regard to its Users and Service Providers including their solvency, legal title, creditworthiness, identity, etc. You agree that you shall independently verify the bona fides of any club members, private clubs and Service Providers that you choose to deal with on the Platform and use your best judgment in that behalf. Notwithstanding its reasonable efforts in that behalf, MobiCom has no responsibility to verify any information provided by club members, private clubs and Service Providers which is made available on the Platform.
- MobiCom is not responsible for the non-availability of the Platform and you acknowledge that MobiCom has the right to change or discontinue any functionality of the Platform at any time, without notice. You further acknowledge that MobiCom may add or modify the procedures, modes, processes, terms and conditions at any time. You agree that MobiCom shall not be liable to you or to any third party for any modification, suspension or discontinuance of any aspect of the Platform.
- When you use any Third-Party Services, Service Providers may store or use your information in accordance with their data privacy principles. You acknowledge that MobiCom is not responsible if such Service Providers or their affiliates use your information or contact you from time to time.
Disclaimer of Warranties and Liability
- The Platform, the Services and any and all materials provided by us, including but not limited to those provided though the Platform, are provided on 'as is' and 'as available' basis without any representation or warranties, express or implied except otherwise specified in writing. To the extent permitted by applicable Law, MobiCom provides no warranty as to the accuracy, completeness, reliability etc., of any contents of Platform, and assumes no liability in this regard.
- Without limiting the generality of the forgoing paragraph, MobiCom does not warrant that the Platform shall be made available to you; that the Platform and its contents (whether those published by MobiCom, by a User or Service Provider) are complete, true, accurate or non-misleading; or that information, content, materials, product (including software) or services included on or otherwise made available to you through the Platform, its servers or electronic communication sent from us are free of viruses or other harmful components.
- Nothing on the Platform constitutes, or is meant to constitute, advice of any kind. You rely on the same entirely at your own risk.
Compliance with Laws
You agree and acknowledge that you are in compliance with and shall comply with all applicable Laws.
- You release MobiCom, its affiliates, subsidiaries, group companies (as applicable) and their respective officers, directors, agents, and employees, from any cost, damage, liability or other consequence of any of the actions of other Users (including club members and private clubs), Service Providers, and MobiCom and specifically waive any claims that you may have in this behalf under any applicable Law.
- The maximum liability on part of MobiCom arising under any circumstances, in respect of any Services availed, shall be limited up to a maximum of the refund of amount received from the User for providing the Services less any cancellation, refund or other charges, as may be applicable. In no event shall MobiCom be liable for any kind of refunds/returns of charges/fees etc., paid to a Service Provider.
The Terms shall be governed by and interpreted and construed in accordance with the laws of the state of Delaware, United States of America. The courts of Delaware have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with these Terms or the usage of the Platform.
MobiCom make no representation that any Service or Third-Party Service is appropriate or available for use in any location. In the event you choose to avail of any Service or Third-Party Service, you agree that you do so on your own initiative and risk and will comply with any applicable Law. MobiCom is not responsible for ensuring the legality of the same.
We reserve the right, at our sole discretion, to change, modify, add or remove portions of these Terms, at any time without any prior written notice to you. It is your responsibility to review these Terms periodically for updates / changes. Your continued use of the Platform following the posting of changes will mean that you accept and agree to the revisions. We will post any changes on this page and, if the changes are significant, we will provide a more prominent notice (including, for certain services, email notification of changes). We will also keep prior versions of the Terms in an archive for your review.
If any provision of these Terms is determined to be invalid or unenforceable in whole or in part, such invalidity or unenforceability shall attach only to such provision or part of such provision and the remaining part of such provision and all other provisions of these Terms shall continue to be in full force and effect.
Consequences of breach of Terms
If you or your affiliates violate any of the Terms, or any terms and conditions laid down by Service Providers, notwithstanding other recourses available to us under applicable Law, we reserve the right to (a) suspend or terminate your account with immediate effect; (b) permanently block access to the Platform; and (c) report to Law Enforcement or Appropriate Authorities. We shall not be liable for any loss, damage, or cost that you may incur due to the same. During such suspension of your account, MobiCom reserves the right to discontinue the provision of any agreed upon Services and take such other action as it may deem necessary. Any Third Party Services may be provided at the discretion of such Service Provider.
For any legal clarifications or communications regarding the Platform, please contact us at firstname.lastname@example.org.
In the event you find the actions of another User or Service Provider to be offensive, harmful, inconsistent, inaccurate, deceptive, or otherwise in violation of the Terms, please contact us at email@example.com.
We shall remove any objectionable content from the Platform only upon receipt of such written request and verification of the same. In any case, MobiCom shall not be liable to for any direct or indirect losses, damages, costs or expenses arising in relation to the same.