TERMS AND CONDITIONS OF USE OF TIME OUT MARKET DUBAI CARD (“TOM card”)
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. BY USING YOUR TOM CARD YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED HEREIN. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, PLEASE DO NOT USE YOUR TOM CARD.
These terms and conditions of use (the “Terms”) apply to your use of the TOM card. By using this card, you agree to be bound by the Terms, and you represent, warrant and covenant that you are either (i) over the age of 21 and lawfully able to accept these terms and conditions of use; or (ii) if you are under the age of 21 years old, that you have the permission of a parent or legal guardian to use the TOM card and that your use of the TOM card is at all times under the supervision of a parent or legal guardian, who also agrees to be bound by these Terms. These Terms are a legal agreement between The Lounge LLC (“Time Out Market Dubai”) and you (the “Agreement”). You agree that the electronic format of these Terms does not in any way affect their validity or enforceability. Your use of the TOM card is subject to all applicable laws.
You may only use your TOM card at concessions located at Time Out Market Dubai (“Concessions”).
Should you have any general questions about TOM cards, wish to contact us or wish to make a complaint, please speak to a staff member at any Time Out Market Bar at the Time Out Market Dubai location (“Time Out Market Bars”).
1. Description of TOM card. The TOM card is a single-purpose stored value facility, prepaid card that can only be used for payment against the purchase of goods and services from Time Out Market Dubai at Concessions and the Bars of Time Out Market Dubai in accordance with this Agreement. The TOM card can be used to pay the full amount of any purchase plus applicable taxes as long as the balance remaining on the TOM card is sufficient at the time of purchase. The TOM card is and will remain the property of Time Out Market Dubai. The TOM card is not a credit card, charge card, or debit card and its usage will not enhance or improve your credit rating. No interest, dividends or other earnings or returns will be paid on the TOM card. Neither the TOM card nor the balance is a deposit account. TOM cards may not be used in connection with any marketing, advertising or other promotional activities (including without limitation via Web sites, Internet advertisements, email, telemarketing, direct mail, newspaper and magazine advertisements, and radio and television broadcasts).
2. Use of TOM card. You may only use your TOM card at the Concessions located at the Time Out Market Dubai location. Each time you use your TOM card to purchase goods or services at Concessions, you authorize Time Out Market Dubai to debit the amount from the relevant and available amount on your TOM card. Hand your TOM card to the cashier at the time of purchase and the TOM card’s balance will be applied to your purchase. For each transaction, the amount of the transaction will be debited from the balance of your TOM card and will reduce such balance. You should ask for a receipt at the time you make the transaction. You should retain the receipt as a record of the transaction. You are solely responsible for the possession, use and control of your TOM card. You are liable for all transactions arising from the use of your TOM card. Your TOM card cannot be used to obtain cash (over the counter cash) at any Concession or from Time Out Market Dubai.
3. Personal Information. No personal information will be requested or asked of you for the use of the TOM card.
4. Registering Your TOM card. There is no need to register your TOM card. Once acquired and activated, you may use it as allowed by this Agreement.
5. Activating Your TOM card. Your TOM card has no value until it is activated by a cashier at the time of you acquiring it. Due to possible limitations of Time Out Market Dubai’s systems, please note that funds may not be readily available after loading your TOM card for immediate use.
6. Fees. No fee will be charged for activation, transaction service, dormancy or inactivity in connection with your TOM card.
7. Load and Reload. You can only spend as much value as you have loaded in money from time to time on your TOM card. You can load your TOM card with any amounts between AED15 and AED3,500. The reload of your TOM card may be done anytime within the limits hereof. You should retain a record of each loading transaction to help you to manage your TOM card, including to take note of its date of expiry. It is your responsibility to use the balance of your TOM card before the TOM card’s expiry and forfeiture of any remaining balance as at such date (see also section 8 below). The total value you may load onto all your TOM cards, together with the value of any new TOM cards that you may acquire, may not exceed AED70,000 on any given day. No more than AED70,000 will be associated with any TOM card in a single day. Cash, credit cards and debit cards only are accepted as payment for the loading or reloading of your TOM card.
8. Expiration of TOM cards. Your TOM card will expire on the date two (2) years from the date that money was last loaded onto the TOM card. Any unused value balance remaining on a TOM card following its expiry will be forfeit and will accordingly not be capable of use for payment against the purchase of goods and services at Time Out Market Dubai. We recommend that you check the current balance amount on your TOM card, as well as the date of the last loading of money onto your TOM card regularly by asking a staff member from any Time Out Market Bar in accordance with section 10 below.
9. No Refund. Your TOM card cannot be redeemed for cash. There will be no refund or reimbursement of any kind in case of a lost or stolen TOM card nor for any unauthorized use of a TOM card. There will be no refund or reimbursement of any kind in the event that Time Out Market Dubai ceases its activities or becomes dissolved or liquidated.
10. Verification of the Balance. It is your responsibility to keep track of the balance remaining on your TOM card. For questions about this Agreement, or to obtain the current balance amount on your TOM card, or to request information on previous transactions made with your TOM card, please ask a staff member from any Time Out Market Bar. Said staff member will inform you of the balance of your TOM card by using its identification number. You must bring your TOM card with you, or have your identification number.
11. Lost or Stolen Card / Unauthorized Activities. You must take all reasonable precautions to protect your TOM card against loss, theft, or unauthorized use. If your TOM card has been lost or stolen, or if you have reason to believe that someone has made an unauthorized transaction with your TOM card, or may attempt to use your TOM card without your permission, or has become aware of your TOM card identification number without your permission, you must notify Time Out Market Dubai by communicating with a staff member from any Time Out Market Dubai Bar. Always keep a secure record of your TOM card identification number and your TOM card transactions, since the staff member of any Time Out Market Bar will only have access to your TOM card account by said identification number. All transactions carried out on your TOM card before you notify Time Out Market Dubai shall be deemed to have been authorized by you. Time Out Market Dubai may proceed to the cancellation of your TOM card upon request. Without prejudice to the foregoing, Time Out Market Dubai or any of its affiliates, subsidiaries, branch offices, related persons or representatives (including the operator of Time Out Market Dubai), or service providers (collectively, “Time Out Market Dubai’s Affiliates”) will not be responsible for lost or stolen cards or unauthorized activities on your TOM card. No refund will be issued and no reimbursement of any remaining balance will be issued in case of cancellation. If Time Out Market Dubai or any member of staff at Time Out Market Dubai reasonably believes that the use of a TOM card is unauthorized, fraudulent or otherwise unlawful, Time Out Market Dubai (including any member of staff at Time Out Market Dubai) reserves the right to refuse or to limit the use of such TOM card. The only way to have a valid TOM card is to purchase the TOM card directly from Time Out Market Dubai. You should not share or compromise your TOM card by providing its identification number to anyone else. Consequently, neither Time Out Market Dubai, nor any of Time Out Market Dubai’s Affiliates has any liability to you for any fraud or unlawful activity associated with any TOM card. If Time Out Market Dubai or any member of staff at Time Out Market Dubai suspects or discovers that any TOM card was sourced, derived from fraud or other unlawful means, in its sole discretion, Time Out Market Dubai may cancel all affected TOM cards and retain all related TOM card balances without notice to you. Time Out Market Dubai or any member of staff at Time Out Market Dubai may also decline to process a transaction if it suspects it may be illegal, unauthorized, fraudulent, or otherwise not permitted under this Agreement. Value on your TOM card is not insured, nor does it earn interest.
12. Disputes and Refunds. If you have a question or a problem about a past transaction (for example: a transaction that appears to be a duplicate transaction) you must notify Time Out Market Dubai within sixty (60) days from the date of the said transaction by submitting the question or problem to a staff member from any Time Out Market Bar, or else you will be deemed to have accepted such posted transaction. When making said inquiry, you must have the following information with you: your TOM card identification number, the date of the said transaction and the dirham amount of the said transaction in question. If there is any dispute with regard to purchases you made using your TOM card, you agree to settle such dispute with the staff operating the Concession from where the purchase was made. Time Out Market Dubai shall not be held liable for any problems that you may have with any goods or services that you purchase with your TOM card nor with regard to quality, safety, legality, or any other aspect of your purchase. If you are entitled to a refund for any reason for goods and/or services purchased with your TOM card, you agree to accept credits to the balance on your TOM card in place of cash.
13. Split Tender Transaction. If you do not have enough funds available on your TOM card to cover the full price of a given transaction, you may request the staff at the Concession with whom the transaction is made to conduct a split tender transaction. In such a case, you will use your TOM card as partial payment for the relevant goods and/or services and then pay the remainder of the amount with another method of payment allowed at the relevant Concession (e.g. credit or debit cards).
14. Modification of this Agreement. Subject to the limitations of applicable law, Time Out Market Dubai may from time to time amend or modify any term or condition of this Agreement or add new terms and conditions, so please check back often.
15. Governing law. This Agreement shall be governed by and interpreted in accordance with the laws of the Emirate of Dubai and the applicable federal laws of the United Arab Emirates.
16. Entire Agreement / Severability / Construction. This Agreement completely and exclusively states the entire agreement between you and Time Out Market Dubai regarding your TOM card. This Agreement supersedes and replaces all prior or contemporaneous understandings, representations, agreements or other communications between you and Time Out Market Dubai, whether oral or written, regarding your TOM card. In the event that any provision of this Agreement is found to be invalid, illegal or unenforceable, such provision shall be considered eliminated in this Agreement to the minimum extent necessary so that the validity, legality and enforceability of any and all of the remaining provisions of this Agreement will not, in any way, be affected or impaired, and a valid, legal and enforceable provision of similar intention and economic impact will be substituted therefore. The headings and captions of this Agreement are inserted only for convenience and identification and are in no way intended to define, limit or expand the scope and/or intention of this Agreement.
17. Assignment and Waiver. At Time Out Market Dubai’s sole discretion, its rights and obligations under this Agreement may be assigned at any time and without any notice to you. Your TOM card and this Agreement cannot be assigned or transferred by you to another person, and your TOM card is not refundable. This Agreement shall remain binding on you and your respective executors, administrators, successors and representatives, should any assignment of this Agreement by Time Out Market Dubai to another entity be made.
18. Disclaimers and Limits of Liability. Except as is expressly provided otherwise in this Agreement, your TOM card is provided on “as is/where is” basis, without warranty, representation or condition of any kind, and the entire risk as to the results and performance of your TOM card is assumed by you. Time Out Market Dubai and Time Out Market Dubai’s Affiliates expressly disclaim any liability with regard to access to or use of the TOM card being uninterrupted or error-free. Time Out Market Dubai does not represent or warrant that your TOM card shall always be accepted or its loaded value accessible. You agree that Time Out Market Dubai and Time Out Market Dubai’s Affiliates shall not be liable for any loss, damages or expenses whatsoever, due to: any instruction by you not being sufficiently clear, any failure due to events beyond Time Out Market Dubai reasonable control, any system failure, failure to provide you with accurate information, Time Out Market Dubai taking any action required by any governmental, federal or provincial law, regulation or court order, Time Out Market Dubai declining an authorization for any particular transaction, regardless of its reason, or any breach or violation of this Agreement by you. To the maximum extent permitted by law, you agree to limit any claims for damages against Time Out Market Dubai to monetary relief for the actual damages sustained by you as a direct result of any proven failure imputable to Time Out Market Dubai, provided that such damages shall not exceed the last balance held on your TOM card at the time the imputed event occurred. You agree not to claim any indirect, special, consequential or punitive damages from Time Out Market Dubai and Time Out Market Dubai’s Affiliates, exceeding the above limitation. The limitations set forth in this section shall apply to the maximum extent permitted by applicable law, rule and regulation, notwithstanding the failure of the essential purpose of any limited remedies set forth in this Agreement. You acknowledge and agree that you have fully considered the foregoing allocation of risk and find it reasonable, and that the limitations set forth in this section are an essential basis of the Agreement between you and Time Out Market Dubai for the provision of goods and services through TOM cards. You acknowledge that by using your TOM card you have no greater risk of loss than an amount you pay to Time Out Market Dubai directly.
19. Dispute Resolution. As a condition of use of your TOM card, you and Time Out Market Dubai both agree that in case a dispute arises from or relates to your TOM card, this Agreement or its interpretation, the performance, validity or enforceability of it, or any breach of the Agreement (a “Dispute”), and if said Dispute cannot be settled through direct discussions with a staff member from any Time Out Market Dubai Bar, the Dispute shall be settled exclusively by the courts of Dubai, United Arab Emirates (excluding the courts of the Dubai International Financial Centre).
Thank you for choosing Time Out Market Dubai.