PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS APP AND/OR THE SERVICES
1. DEFINITIONS AND INTERPRETATION
1.1 The following definitions shall apply in these terms and conditions only and no other terms and conditions of AIM Events:
“Aim Events” means Aim Events Limited;
“Application” or “App” means the mobile/software application to which these terms and conditions apply, operated by Aim Events for the purposes of providing the Services. It shall also include the website via which the application can be accessed on the internet.
“Concierge” means the 24/7 concierge service provided by LWS through which bookings and reservations are managed and which can be accessed by phone, email or website chatbot;
“Information” means all information, material, content and communications provided or made available by Aim Events to Members;
“LWS” means Luxury Worldwide Service, the partner company of Aim Events responsible for the provision of the Concierge service;
“Member” means someone who has been invited to use the Services and who has downloaded and created an account on the App;
“Services” means the lifestyle guide available via the App featuring insightful news, knowledge and personalised information on the latest restaurant and venue openings, invitations to exclusive events and access to exceptional privileges and benefits, a personalised concierge service, as well as essential updates on the latest lifestyle trends and recommended travel destinations. It includes ten (10) complimentary Concierge requests per year;
1.2 Headings shall not affect the interpretation of these terms and conditions.
2. WHAT IS IN THESE TERMS AND CONDITIONS?
These terms and conditions set out the rules which govern membership and use of the Aim Events Lifestyle Application.
3. WHO AIM EVENTS ARE AND HOW TO CONTACT US
3.1 Aim Events is registered in Ireland under company number 631717 and has its registered office at Block 3, Harcourt Centre, Harcourt Road, Dublin 2, D02 A339.
3.2 To contact Aim Events, please email aimlifestyle@aimevents.co or concierge@aimevents.co.
4. BY DOWNLOADING AND USING THE APP YOU ACCEPT THESE TERMS
4.1 By logging into and using the App (and the Services), you confirm that you accept these terms and conditions and that you agree to comply with them.
4.2 If you do not agree to these terms and conditions, you must not use the App and/or the Services.
4.3 Aim Events recommend that you print a copy of these terms and conditions for future reference.
4.4 There terms and conditions may be amended from time to time.
5. MEMBERSHIP
5.1 The Services are not available to the general public and are only available to Members who have created an account on the App (“Membership Account”).
5.2 A user may only become a Member and create and maintain a Membership Account if they have:- (i) been invited by us or other authorised members of our network to use the Services; (ii) been approved by us; and (iii) paid any and all membership fees (if applicable) (in full and in the manner, via the payment method(s) and at the time(s) specified by Aim Events).
5.3 By becoming a Member, each user: (i) Shall be entitled to ten (10) complimentary Concierge requests per year; (ii) confirms that they are at least 18 years of age; (iii) acknowledges that they are bound by these terms and conditions (as may be amended from time to time); (iv) acknowledges that they are bound by the rules of the AIM Lifestyle Point System (which can be accessed via your Account Details) and that they may change without prior warning; (v) acknowledges that they meet our requirements for membership (as set out at clause 5.3 of these terms and conditions); (vi) acknowledges and agrees that they have read and agree with the App privacy policy; (vii) warrants and represents that all information they provide to us in connection with their use of the App and the Services is personal to them and is truthful and accurate; (viii) acknowledges and agrees that they shall not use pseudonyms and/or aliases in connection with their Membership Account); and (ix) agrees to only invite respected persons within their own social networks to become Members. Members shall not invite individuals who might bring discredit to, or harm the reputation of, Aim Events, the App or the Services.
5.4 Aim Events reserves the right to introduce, withdraw and vary categories of membership. New categories of membership may have additional terms and conditions which can be found on application for the new membership.
5.5 Aim Events reserves the right to suspend and/or cancel a Membership Account at any time and without notice where it is of the view that there has been a breach of these terms and conditions by the Member or where it believes some other form of improper conduct is being carried out by a Member via the App/the Services.
6. MEMBER RESPONSIBILITIES AND ACCEPTABLE USE POLICY
6.1 No Member may have more than one Membership Account. No Member may open an alternative account if their Membership is suspended or terminated for any reason.
6.2 Members may not sell, trade or transfer a Membership Account to another person, nor accept or use a Membership Account that does not belong to them.
6.3 Members are not permitted to allow third party individuals to use their account. Members alone are responsible for the confidentiality and security of their Membership Account, username, password and usage. Members are also accountable for all activities regarding their Membership Account, with or without their knowledge or permission. If a Member knowingly provides their log-
in information to another person, their Membership may be suspended temporarily or terminated. We assume no liability for activities undertaken using a Member’s Membership Account.
6.4 You may only use the App and/or the Services only for lawful purposes. Without prejudice to the generality of the foregoing, you may not: (i) use the App and/or the Services in any way that breaches any applicable local, national or international law or regulation; (ii) use the App and/or the Services in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect; (iii) use the App and/or the Services for the purpose of harming or attempting to harm minors in any way; (iv) use the App and/or the Services to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam); (v) use the App and/or the Services to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar code designed to adversely affect the operation of any software or hardware; (vi) use the Aim Events name, brand or logo for any purpose, event or promotion without our expressed written consent; (vii) distribute, display or publish in any form, electronic or print, any content from the App or Services without our express written consent, nor can you share, transmit or sell any content from the App; (viii) monitor, data-mine, or copy our web pages or any content within the App or Services, nor collect, archive, trade or sell any personal data or communications about other Members; (ix) use any robot, spider, site search or retrieval application, or any other device to copy, retrieve, archive or index any portion of the App or Services; (x) access, store, distribute or transmit any material during the course of your use of the App or Services that: ➢ is unlawful, harmful, threatening, defamatory, obscene, infringing, harassing or racially or ethnically offensive; ➢ depicts sexually explicit images; ➢ promotes unlawful violence; ➢ is discriminatory based on gender, marital status, family status, age, disability, sexual orientation, race, religion, and/or membership of the Traveller community; and/or ➢ is otherwise illegal, facilitates illegal activity or causes damage or injury to any person or property. (xi) attempt to copy, modify, duplicate, create derivative works from, frame, mirror, republish, download, display, transmit, or distribute all or any portion of the App in any form or media or by any means; (xii) attempt to reverse compile, disassemble, reverse engineer or otherwise reduce to human-perceivable form all or any part of the App; (xiii) access all or any part of the App or Services in order to build a product or service which competes with the App or the Services; (xiv) use the App and/or the Services to provide products or services to third parties; (xv) license, sell, rent, lease, transfer, assign, distribute, display, disclose, or otherwise commercially exploit, or otherwise make the App and/or the Services available to any third party; or (xvi) attempt to obtain, or assist third parties in obtaining, access to the Services and/or the App, other than as provided in these terms and conditions.
6.5 You must not attempt to gain unauthorised access to the App, the server on which the App is stored or any server, computer or database connected to the App. You must not attack the App via a denial-of-service attack or a distributed denial-of service attack.
6.6 Aim Events reserves the right to report any breach(es) of clause 6.4 or 6.5 to the relevant law enforcement authorities and Aim Events will cooperate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the App will cease immediately.
6.7 You may not use the App in any manner which could damage, disable or impair the services provided by Aim Events through this application.
7. SERVICES
7.1 In consideration of payment of the relevant membership fee(s) (if applicable) and subject to these terms and conditions, for the duration of any Member’s membership, Aim Events grants each Member a non-exclusive, non-transferable right to use the App and the Services solely for each Member’s own personal and non-commercial use.
7.2 We will perform the Services with reasonable skill and care. However, we: (i) do not warrant that Members’ use of the Services will be uninterrupted or error-free; or that the Services and/or the information obtained by Members through the Services will meet Members’ requirements; (ii) do not accept responsibility for any third-party services provided via the App, to include the Concierge service (please refer to clause 9); and (iii) are not responsible for any delays, delivery failures, or any other loss or damage resulting from the transfer of data over communications networks and facilities, including the internet, and Members acknowledge that the App and the Services may be subject to limitations, delays and other problems inherent in the use of such applications.
8. CONCIERGE
8.1 The Concierge is provided and employed by LWS and any complaint or grievance in respect of the Concierge shall be directed to LWS, with a copy sent to Aim Events.
8.2 While every precaution shall be taken by Aim Events to provide the Services, we shall not be responsible for the operations and/or conduct of the Concierge and cannot warrant to the quality of the service provided by the Concierge.
8.3 The Concierge may be contacted via the Intercom chat within the app, by phone or by email and will facilitate the reservations and bookings of the Members and will to endeavour to meet the reasonable requests of the Members.
9. DATA PROTECTION
9.1 Aim Events will process your personal data when you use the App and the Services. Such processing is governed by our privacy policy which can be found here.
10. TERM AND TERMINATION
10.1 Your membership will automatically expire after a period of twelve months from the date it commences.
10.2 You can also cancel your membership by emailing us at aimlifestyle@aimevents.co. Please allow up to 7 days for membership cancellation to take effect when cancelling via this method.
10.3 We reserve the right to suspend or terminate, at our discretion, a Member’s Membership Account if a Member breaches these terms and conditions or otherwise acts unlawfully, unfavourably or dishonestly when using the Services and the App.
10.4 We will not be liable to you or any third-party for the termination of your Membership Account. If your Membership Account is terminated, you may not re-enter the App or re-use our Services without our express written permission.
10.5 Some provisions of these terms and conditions will survive termination and we reserve the right to rely on, and refer to, these terms and conditions once your membership is terminated for whatever reason.
11. WARRANTIES, LIABILITIES AND DISCLAIMERS
11.1 Aim Events do not exclude or limit in any way its liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by its negligence or the negligence of its employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
11.2 Aim Events exclude all implied conditions, warranties, representations or other terms that may apply to the App or any content thereon.
11.3 Aim Events will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with: (i) use of, or inability to use, the App and/or the Services; or (ii) use of or reliance on any content displayed on the App.
11.4 Without prejudice to the generality of Clause 12.3, Aim Events will not be liable for: (i) loss of profits, sales, business, or revenue; (ii) business interruption; (iii) loss of anticipated savings; (iv) loss of business opportunity, goodwill or reputation; or (v) any indirect or direct consequential loss or damage.
11.5 AIM Events will not be under any liability of whatever kind to any Member or user for non-performance in whole or in part of its obligations under these terms and conditions due to causes beyond the control of AIM Events or beyond the control of AIM Events’ suppliers including, but not limited to, war (whether an actual declaration thereof is made or not), sabotage, insurrection, riot or other act of civil disobedience, acts of the Buyer, any Affiliate or a third party, failure or delay in transportation, acts of any Government or any agency or sub-division thereof, Government regulations, judicial actions, labour disputes, pandemics or other worldwide disease outbreak, strikes, embargoes, illness, accident, fire, explosion, flood, tempest or other acts of God, delay in delivery to AIM Events’ suppliers or shortage of labour, fuel, raw materials or machinery or technical failure. In any such event, AIM Events may, without liability, cancel or vary these terms and conditions including, but not limited to, extending the time for performing their obligations pursuant to these terms and conditions for a period at least equal to the time lost by reason of such causes or relieving itself of all liabilities hereunder.
11.6 Members acknowledge that the Services may enable or assist them to access the website content of, correspond with, and purchase products and services from, third parties via third-party websites and that they do so solely at their own risk. We make no representation or commitment and shall have no liability or obligation whatsoever in relation to the content or use of, or correspondence with, any such third-party website, or any transactions completed, and any contract entered into by a Member, with any such third party. Any contract entered into and any transaction completed via any third-party website is between the Member and the relevant third party, and not us. We recommend that Members refers to the third party’s website terms and conditions and privacy policy prior to using the relevant third-party website. We do not endorse or approve any third-party website nor the content of any of the third-party website made available via the Services.
11.7 Due to the nature of communication technology and the possibility of technical errors or failures, we cannot guarantee the delivery of electronic messages or postings and we shall not be liable for any failure to deliver such communications.
11.8 While we seek to apply adequate security measures to protect electronic communications via the App, we cannot guarantee that unauthorised interception of or access to such communications or content by third parties, will be prevented. Aim Events also do not guarantee that the App will be secure or free from bugs or viruses. You are responsible for configuring your information technology, programmes and platform to access the App. We encourage the use of virus protection software.
11.9 Insofar as permitted by law, we and our affiliates, licensors, partners, suppliers, consultants and agents disclaim any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability, or availability of information or materials displayed on the App or provided by the Services.
11.10 The App, the Services, and all materials, information (including, without limitation, any information or materials obtained or accessed through the App), products and services included therein are provided “as is,” with no warranties whatsoever.
11.11 We hereby disclaim any and all responsibility and liability for the conduct of any Member via the App and/or the Services. As a Member, you agree to hold harmless and indemnify us, from and against, any third-party claim arising from or in any way related to your use of the Services and/or the App, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and legal fees, of every kind and nature.
11.12 You agree that your use of the App and the Services is entirely at your own risk.
12. AIM EVENTS MAY MAKE CHANGES TO THESE TERMS
Aim Events may amend these terms and conditions from time to time without notice to you. Please check these terms and conditions as well as the relevant links to ensure you understand the terms and conditions that apply at that time.
13. AIM EVENTS MAY MAKE CHANGES TO THE APP AND/OR THE SERVICES
Aim Events may update and change the App and/or the Services from time to time to reflect Members’ needs and its business priorities.
14. AIM EVENTS MAY SUSPEND OR WITHDRAW THE APP
14.1 Aim Events do not guarantee the App, or any content thereon, will always be available or be uninterrupted. Aim Events may at any time (without notice) suspend or withdraw or restrict (temporarily or permanently) the availability of all or any part of the App and/or the Services for business and operational reasons. Aim Events will try to give you reasonable notice of any suspension or withdrawal.
14.2 In any event, Aim Events reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the App and/or the Services (or a part thereof) without notice.
15. INTELLECTUAL PROPERTY
15.1 Aim Events is the owner of all intellectual property rights in the App. All Information and material on the App is the copyright of Aim Events unless otherwise stated. Aim Events does not make any claim to have any intellectual property rights in respect of any third-party information or material which, from time to time, may be distributed to any Members.
15.2 Copyright is implied irrespective of whether a copyright symbol or copyright statement is displayed. These works are protected by copyright laws and treaties around the world. All such rights are reserved.
15.3 The status of Aim Events (and that of any identified contributors) as the authors of content on the App must always be acknowledged.
16. GOVERNING LAW AND JURISDICTION
These terms and conditions, their subject matter and their formation (including any dispute or claim arising out of or in connection with them) shall be governed by and construed in accordance with Irish law. Members irrevocably agree that the courts of Ireland shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with these terms and conditions or their subject matter or formation (including non-contractual disputes or claims).