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Terms & Conditions

Terms & Conditions

 

By registering or participating in the use of the “Viya” application or loyalty program, Members signify Members’ agreement to the terms and conditions described herein.

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Viya Access

  • Viya Access Passes are available in three fixed durations. A one month pass provides 30 consecutive days of access, a three month pass provides 90 consecutive days of access, and an annual pass provides 365 consecutive days of access.

  • Validity of the pass will start once it is triggered to your Viya app. Customers must register/log in to the Viya App to access the pass using the mobile number provided.

  • Points earned on the purchase on any pass will be credited to your Viya account within 2 working days.

  • Purchased access passes will be activated and reflected in your Viya app within 1 working day.

  • Your Access Pass can be shared by selecting it in 'My Card' and tapping 'Share with Spouse' and following the instructions. They will need to have a Viya account with a separate mobile number.

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Important Information

  • Participation in the “Viya” program shall be subject to acceptance of, and compliance with the terms and conditions described below.

  • Use of the Application functions and services related thereto shall be subject to the applicable terms and conditions. Such services include Golf Bookings, Restaurants Offers & Other Experiences.

  • Each of these services incorporate a “Loyalty Points” accumulation feature, which allow Members to redeem rewards.

  • The “Viya” program terms, conditions and rules are located on the “Viya” website (www.viya.ae), and the Application, available on Apple Store and Google Play.

  • WH reserves the right to change or update any aspect of the Application’s functionality at any time, including the offers, points earning and redeeming rules, terms and conditions, tiers and benefits with or without providing notice to the users of the Application (Members).

  • Loyalty Points can only be earned or redeemed at participating outlets and golf courses, as listed in the Application (Participants)

  • Inappropriate use of the Application or its features may result in the discontinuation of the offending Member’s registration.

  • Each Member is responsible for informing WH of any changes to Members’ personal contact information.

  • Every offer or promotion available in the Application shall be subject to its own terms and conditions.

  • All restaurant reservations processed by the Application are carried out by a third party reservation service. Members acknowledge and accept that Members’ information may be shared with such third party and any of its advisors or contractors with a need to know such information in order to provide the reservation services and agree that such reservations shall be subject to terms and conditions of third party reservation service provider.

  • Only one Viya QR code can be scanned per cheque to redeem loyalty points.  

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Tiers

  • The Application has 2 reward tiers:

    • Silver Tier: Allows all Members to earn Loyalty Points and either redeem them at Participants’ premises, or purchase experience-oriented offers via the Application.

    • Gold Tier: Select Members are granted access to special deals on Participants’ products and services, based on:

      • A total Member spend of no less than AED 10,000 during the preceding twelve (12) month period; or

      • DG membership.

  • Application will include golf and dining booking functionality and an in-app payment feature as specified, subject to each respective Participant’s utilization of these features.

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Loyalty Points Accumulation

  • Members can collect Loyalty Points on every transaction through the Application.

  • Loyalty Points are redeemable as full or partial payment for Participants’ goods or services.

  • Only Participants can grant Members Loyalty Points.

  • Loyalty Points cannot be combined with third party loyalty, promotion or discount schemes for any transaction.

  • Loyalty Points are redeemable, within the validity period, at a rate of up to 10 Loyalty Points for every AED1 deducted from the item or service price (whether or not it is subject to a discount).

  • For the avoidance of doubt, unused Loyalty Points shall be lost once they expire, and no cash refund shall be given to Members in exchange for such expired Loyalty Points.

  • Transactions must be in United Arab Emirates Dirhams to qualify.

  • In the event a Member is benefiting from a Participant discount, Loyalty Points for such transactions will be earned on the value of the transaction after the discount has been applied (Net Bill Value). as follows:

  • Loyalty point issuance – Where the discount or promotion is up to 24.99%, 10% worth of net value of the original transaction will be allocated to you in Viya points. Where the discount or promotion is 25% or more, 5% worth of the net value of the original transaction will be allocated to you in Viya points.​

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Electronic Communications

When a Member uses / visits the System or sends e-mails to WH, such Member is communicating with WH electronically. Members consent to receiving communications from WH and DG electronically. WH and DG will communicate with Members by e-mail or by posting notices on the Application or dedicated website. Members agree that all agreements, notices, disclosures and other communications that WH provides to Members electronically satisfy any legal requirement that such communications be in writing.

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Copyright

All content included on this Application and any related website, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of WH and/or its affiliates and is protected by the laws of the Emirate of Dubai, the federal laws of the United Arab Emirates and international copyright laws.

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Member Accounts

Members using the Application are responsible for maintaining the confidentiality of Members’ account and password and for restricting access to Members’ device(s). Members agree to accept responsibility for all activities that occur under Members’ account or password.

 

Disclaimer of Warranties and Limitation of Liability 

  • Neither WH nor DG make any representations or warranties of any kind, expressed or implied, as to the operation of the Application, the website or the information, content, materials, or products included on either platform. Members expressly agree that use of the Application and any related website is at Members’ sole risk.

  • To the full extent permissible by applicable law, WH and DG disclaim all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose.

  • WH and DG shall use commercially reasonable efforts to ensure that the Application, the related website, their servers and emails are free from viruses, defects or other harmful components. However, WH and DG are unable to guarantee that use of the Application and related website or any websites accessible through it will not cause any damage to Members’ devices. Members must ensure that the right equipment is available to use the Application and related website and screen anything that may cause damage to it.

  • WH and DG shall not be liable to any person for any loss or damage which may arise to computer equipment as a result of using the Application and related website including, but not limited to direct, indirect, incidental, punitive, and consequential damages.

  • The maximum limit of liability of WH and DG shall not in any way exceed the value of the products or services sold.

 

Payment Policy

  • Bookings on the System must be paid for using a valid credit card (i.e. VISA or Mastercard) and subject to available Loyalty Points balance.

  • All credit card payments are subject to the approval of the relevant credit card company and paying bank. Neither WH nor DG shall be liable in any way if Members’ credit card company or the paying bank refuses to process, honor or accept Member’s credit card or credit card particulars for any reason.

  • Where a credit card company or the paying bank rejects or reverses payment for a Booking, WH and DG may, each at their sole discretion and in addition to their other respective rights and remedies, immediately reject and cancel the relevant Booking.

  • Members accept and agree that WH and DG will not be liable for any loss, damage, costs or expenses incurred by Members or their guests in the event of any unauthorized disclosure of data, information or other default by any suppliers or licensors to, and/or contractors or agents of, WH or DG.

  • All rates quoted on the System are in United Arab Emirate Dirhams.

  • WH and DG are not liable for losses, costs or expenses incurred by Members or their guests caused by exchange rate fluctuations or any commission charges incurred whether imposed by such Member’s credit card company or otherwise.

  • These terms and conditions (Conditions) incorporate the Copyright Policy, Privacy Policy and Anti-Spam Policy found on the Viya website at URL www.viya.ae (Website). By making any Bookings using the Application, Members agree to be bound by and accept all of the Conditions, including the total green fee charges and cancellation charges, as may be amended from time to time.

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Restrictions on Use of Materials

  • All materials contained in the Application, System and Website are the copyrighted property of WH, or DG, or their subsidiaries or affiliated companies (Group) and/or third party licensors. All trademarks, service marks, and trade names are proprietary to the Group.

  • No material from Application, System, Website or any internet site owned, operated, licensed, or controlled by the Group may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way. For purposes of these terms, the use of any such material on any other website or computer environment is prohibited. All trademarks, service marks, trade names and trade dress are proprietary to the Group.

  • In the event a Member downloads the Application, such Application, including any files, images incorporated in or generated by the Application, and data accompanying the Application are licensed to such Member by WH for their personal, non-commercial home use only.

  • WH does not transfer title to the Application by virtue of a download.

  • Members own the medium on which the Application’s software is recorded, but WH (or third party licensors) retain full and complete title to the application, and all intellectual property rights therein.

  • Members may not redistribute, sell, de-compile, reverse engineer, disassemble, or otherwise reduce the Application to a human-readable form.

  • It is WH’s policy to respect the privacy of all Members. Therefore, WH will not monitor, edit, or disclose the contents of a Member’s e-mail unless (a) Member authorizes WH, DG and all other Group entities to do so, (b) WH must do so in order to resolve technical problems on the Application, System or Website; or (c) unless required to do so by law or in the good-faith belief that such action is necessary to: (1) comply with the law or comply with legal process served on WH, DG or any other Group entity; (2) protect and defend the Group’s rights or property; or (3) act in an emergency to protect the safety of other Members or the public.

  • Members shall remain solely responsible for the content of their messages.

  • WH reserve the right to remove or edit content from any chat forum or other publicly visible comment section on the Website or Application (“Forum”) at any time and for any reason.

  • By uploading materials to any Forum or submitting any materials to WH, DG and all other Group entities, Members automatically grant (or warrant that the owner of such materials expressly granted) WH, DG and all other Group entities a perpetual, royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, publicly perform and display, create derivative works from and distribute such materials or incorporate such materials into any form, medium, or technology now known or later developed throughout the universe. In addition, Members warrant that all so-called “moral rights” in those materials have been waived.

 

Indemnification

Members are entirely responsible for maintaining the confidentiality of their password and membership account and for all activities that occur under their account. Members hereby indemnify, defend and hold WH, DG and all other Group entities and our affiliates and our officers, directors, owners, agents, information providers, affiliates, licensers and licensees (collectively, the “Indemnified Parties”) harmless from and against any and all liability and costs (including reasonable attorney’s fees) incurred by the Indemnified Parties in connection with any claim arising out of any breach by Members of this Agreement or claims arising from their account. Members shall use their best efforts to cooperate with WH, DG and all other Group entities in the defence of any claim. WH, DG and all other Group entities reserve the right, at their own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by Members.

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Limitation of Liability

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WH, DG OR ANY OTHER GROUP ENTITIES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE OR MATERIALS OR FUNCTIONS ON THE SITE, EVEN IF WH, DG AND ALL OTHER GROUP ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO MEMBERS. IN NO EVENT SHALL OUR TOTAL LIABILITY TO MEMBERS FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE EXCEED THE AMOUNT PAID BY MEMBERS, IF ANY, FOR ACCESSING THE SITE.

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Termination

These Terms are effective until terminated by either party. Members may terminate these terms at any time by discontinuing use of the Application, the System and the Website and destroying all materials obtained from the the Application, the System and the Website and all related documentation and all copies and installations thereof, whether made under the terms of these terms or otherwise. These terms will terminate immediately without notice from WH, DG or all other Group entities if they, at their sole discretion, determine that Members fail to comply with any term or provision of these terms. Upon termination, Members must cease use of the Application and the System and destroy all materials obtained from the Site and all copies thereof, whether made under the terms of these terms or otherwise.

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Miscellaneous

These Terms shall be governed by and construed in accordance with the laws of the United Arab Emirates, without giving effect to any principles of conflicts of law. Members agree that any action at law or in equity arising out of or relating to these terms shall be filed only in the courts located in Dubai, United Arab Emirates and Members hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between the parties relating to the subject matter herein and shall not be modified except in writing, signed by both parties.​

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