Terms and 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.
“Viya”, launched by wasl Hospitality LLC (WH), is a Dubai-based, member oriented, free of charge mobile digital loyalty scheme application (the “Application”) that will span the overall network of WH and its affiliates’ businesses including, but not limited to golf clubs managed by Dubai Golf LLC (DG), restaurant outlets within the WH portfolio, as well as participating partners and associated fitness/spa outlets.
B. IMPORTANT INFORMATION
1. Participation in the “Viya” program shall be subject to acceptance of, and compliance with the terms and conditions described below.
2. 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.
3. Each of these services incorporate a “Loyalty Points” accumulation feature, which allow Members to redeem rewards.
4. 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.
5. 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).
6. Loyalty Points can only be earned or redeemed at participating outlets and golf courses, as listed in the Application (Participants).
7. Inappropriate use of the Application or its features may result in the discontinuation of the offending Member’s registration.
8. Each Member is responsible for informing WH of any changes to Members’ personal contact information.
9. Every offer or promotion available in the Application shall be subject to its own terms and conditions.
10. 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.
1. The Application has 2 reward tiers:
a) Silver Tier:
Allows all Members to earn Loyalty Points and either redeem them at Participants’ premises, or purchase experience-oriented offers via the Application.
b) Gold Tier:
Select Members are granted access to special deals on Participants’ products and services, based on:
(i) a total Member spend of no less than AED 10,000 during the preceding twelve (12) month period; or
(ii) DG membership.
2. 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.
D. LOYALTY POINTS ACCUMULATION
1. Members can collect Loyalty Points on every transaction through the Application.
2. Loyalty Points are redeemable as full or partial payment for Participants’ goods or services.
3. Only Participants can grant Members Loyalty Points.
4. Loyalty Points cannot be combined with third party loyalty, promotion or discount schemes for any transaction.
5. Loyalty Points are redeemable, within the validity period, at a rate of 10 Loyalty Points for every AED1 deducted from the item or service price (whether or not it is subject to a discount).
6. 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.
7. Transactions must be in United Arab Emirates Dirhams to qualify.
8. 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:
Participant Discount Loyalty Points Earned Value
Less than 25% 10% of the Net Bill Value
More than or equal to 25% 5% of the Net Bill Value
E. GOLF TEE-TIME RESERVATION TERMS AND CONDITIONS
Members agree that the following terms and conditions shall apply to all golf tee-time bookings made through the Application’s tee-time reservation system (System).
1. CONDITIONS OF USE
If a Member visits or reserves tee times through the System (Booking), such activities shall be deemed acceptance of these conditions and guidelines applicable to that service. Please read them carefully.
2. 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.
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.
4. 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.
5. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
a) 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.
b) 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.
c) 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.
d) 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.
e) The maximum limit of liability of WH and DG shall not in any way exceed the value of the products or services sold.
6. PAYMENT POLICY
a) 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.
b) 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.
c) 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.
d) 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.
e) All rates quoted on the System are in United Arab Emirate Dirhams.
f) 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.
7. CANCELLATION AND REFUNDS
Subject to special promotions and offers, the following shall apply to all cancellations and refund requests:
a) Green fees are not refundable for cancellations made 72 hours or less prior to the date of play.
b) If a booking is cancelled 72 hours prior to play, the refund will be credited to the original credit card used for payment within 14 working days of the cancellation notice.
c) Cancellation notices can only be given by completing the cancellation form provided online. The date and time the cancellation e-mail is received by DG will be deemed the date and time of the cancellation.
d) Green fees are refundable if a golf course is closed due to unforeseen circumstances.
e) In the event a selected golf course is closed, DG shall make reasonable efforts to offer an alternative DG course/s (an “Alternate”) for the date of play.
f) If the Alternate is not acceptable, a 90% refund will be credited to the original credit card used for payment.
g) If an Alternate cannot be offered on the same day, a 100% refund will be given.
h) No refund will be given for cancelled bookings.
i) All refunds will be processed in United Arab Emirates Dirhams. Under no circumstances shall WH or DG be liable for any losses, costs and expenses incurred by you due to changes in exchange rates or commissions charged.
j) For any enquiries regarding your refund, please send an email to golfbooking@Viya.ae.
8. AMENDMENTS POLICY
a) Amendments can be made up to and including 5 days prior to the date of play, free of charge.
b) Amendments made 4 days or less prior to the date of play, a charge of AED 100 per booking will apply (an “Amendment Charge”).
c) The Amendment Charge will be debited to the original credit card used for the original booking’s payment.
d) Notwithstanding the above, Emirates Golf Federation members (“EGF Members”) shall not be permitted to make amendments to any reservations made.
e) In the event a Member becomes an EGF Member after making a booking, it should be noted that such Member will be charged the green fee charge rate applicable to the Member at the time of booking. Neither DG nor WH shall be required to offer any refund to the Member
f) Notwithstanding the above, in the event the Member is no longer an EGF Member at the time the Member makes use of the booking, the EGF Member rates shall not apply and the booking will either be deemed cancelled without refund or the Member shall pay the difference between the EGF Member rate and the visitor or junior rate, as applicable. The same principle will apply to Members who are “juniors” at the time of making the booking, but not eligible for the “junior” rate at the time of play.
a) Each tee time is for four players. Tee time bookings for less than 4 persons are not exclusive to the 1, 2, or 3 persons booking an individual tee time.
b) By registering on the Application, and using the System that allows Members to book tee time slots at designated Participant golf clubs through the Application, Members confirm that:
(i) they are at least 18 years of age;
(ii) they are logging into the System using their own login ID and password, or if using another party’s login ID and password, that they are authorized by that party to do so;
(iii) If acting on behalf of another or others to make Bookings, they are authorized to act on behalf of that party to make Bookings for that party or that include that party;
(iv) they take full responsibility for their use of the Application and the System, including but not limited to use of the Website and the System by any person they have authorized to act on their behalf and/or any person they are responsible for such as minors living with them;
(v) All information supplied by Members in the use of the Application or the System is true, accurate, complete and is not provided for any fraudulent or misleading purpose;
(vi) Members shall use the Application and the System only to make legitimate Bookings for themselves or for (an)other person(s) (“Players”) for whom Members are legally authorized to act, and that abuse or unauthorized use of the Application or System may result in such Members being denied access to the System, the Application and/or the Participant golf clubs; and
(vii) Each Member shall be responsible for all charges, fees, duties and/or taxes arising out of such Member’s use of the Application and the System.
c) Members hereby agree that WH and DG’s receipt of any and all information from each Member is on an “as-is” basis, and that WH and DG will not verify any such information and are entitled to rely upon the information on an “as-is” basis.
d) Members hereby agree that issuance of an online confirmation voucher by WH or DG upon completion of all required booking details and payment of the total green fee charge or a deposit does not constitute acceptance of a Booking but merely confirmation that a request for certain tee time slots has been received.
e) Members shall print a copy of the confirmation voucher and present it to the relevant Participant golf club on the relevant date. Failure to do so may result in such Member being required to pay to the relevant Participant golf club the total green fee charge again.
f) Only the acceptance of the Member’s copy of the confirmation voucher by the relevant Participant golf club shall represent acceptance of such Member’s offer and formation of a binding contract between the Member and the relevant Participant golf club which is subject to the Booking.
g) The Application, System and Website may contain links to other web sites which are not owned or maintained by WH or DG. WH and DG accept no responsibility for the information, products, services or other material obtained or available on such other websites, and shall not be liable for any loss arising from, or related to, the access, viewing or use of such websites. Members hereby agree that the inclusion of these links on the Application, System and Website does not imply any endorsement or approval by WH or DG of the linked websites, or the content, information or any linked addresses on such linked web sites.
h) Please note that golf course availability shall be limited during course maintenance dates.
i) Members are encouraged to view the conditions of play, to ensure conditions are suitable on their selected course.
10. RESTRICTIONS ON USE OF MATERIALS
a) 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.
b) 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.
c) 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.
d) WH does not transfer title to the Application by virtue of a download.
e) 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.
f) Members may not redistribute, sell, de-compile, reverse engineer, disassemble, or otherwise reduce the Application to a human-readable form.
g) 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.
h) Members shall remain solely responsible for the content of their messages.
i) 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.
j) 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.
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.
10. 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.
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.
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.