TERMS OF USE FOR SMARTER GETAWAYS

Welcome to Smarter Getaways!

INTRODUCTION

These Terms of Use govern the use of the Smarter Getaways website found at www.smarter-getaways.com and mobile application SmarterGetAways (together the “Platform” or “Smarter Getaways”) and how Smarter Getaways operates. References in these Terms of Use to "Us", "We", "Our" or the "Company" refer to the operator of the Platform. The following are the terms of use that govern use of the Platform (“Terms of Use”) by You (The “User(s)”) to access and use the Platform including any content, functionality and services (“Services”) offered on or through the Platform whether as a guest or a registered User.

By using the Platform or, where applicable, by clicking on links, you are accepting, or agreeing to, the Terms of Use.

The Company may amend these Terms of Use at any time, effective immediately upon posting any updated version on the Platform. Please check this page of the Platform periodically. Where we do so, we will take reasonable endeavours to provide you with notice of such changes. Your continued use of the Platform will constitute your express consent to these Terms of Use. If you violate these Terms of Use, WE may terminate your use of the Platform, bar you from future use, and/or take appropriate legal action against you. Nothing in these Terms affects your statutory rights, either as a consumer of services or otherwise.

We will not trade with or provide any services to OFAC and sanctioned countries.

PRIVACY POLICY

The personal information you provide while using Smarter Getaways will be used in accordance with our Privacy Policy, the terms of which are hereby incorporated into, and made a part of, these Terms of Use.

We use cookies to monitor browsing preferences. If you allow cookies to be used, the relevant personal information may be stored by us for use in fields we determine.

INTELLECTUAL PROPERTY

Smarter Getaways name and logo are registered trademarks of Smarter Getaways in the United Arab Emirates.

All materials on the Platform are owned by or licensed to us. This material includes, but is not limited to, any content, layout, design, look, appearance, graphics, and such. The materials are protected by copyright, trademark and other intellectual property rights. The Company retains all rights in such content. You are only permitted to access and use the Platform for personal purposes. You may not use the Platform, or any of its content, to further any commercial purpose, including any advertising or revenue generation activity on your own through the Platform. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, or sell any content or software contained within the Platform.

Except as provided in the Terms of Use, you shall have no right to directly or indirectly, own, use, loan, sell, rent, lease, license, sublicense, assign, copy, translate, modify, adapt, improve, or create any new or derivative works from, or display, distribute, perform, or in any way exploit the Platform, or any of its contents (including software) in whole or in part.

PURCHASES AND TRANSACTIONS

Your initial subscription payment to Smarter Getaways may be made by Visa, Mastercard, American Express, and Discover debit and credit cards in US Dollars for the subscription. You will also have the option to select the currency of your choice for the initial subscription payment. Following payment of your subscription, all subsequent payments for bookings, reservations, and any other transactions made through the Platform will be processed by the relevant third-party travel provider, accommodation, tour operator, or other merchant. Such third-party providers are wholly responsible for the processing of those payments, and all such transactions are subject to the respective third-party provider’s payment terms and conditions. Please review the relevant third-party provider’s terms and conditions and privacy policy before entering any transaction.

Once the initial subscription payment is made, the confirmation notice will be sent to the client via email within 24 hours of receipt. For subsequent bookings, confirmation will be provided in accordance with the relevant third-party provider’s processes.

The displayed price and currency selected by you will be the same price and currency charged to the Card and printed on the Transaction Receipt.

RESERVATION REFUNDS

Reservations made through the Platform are subject to the cancellation and refund policy of the relevant travel provider, accommodation, tour operator, or other merchants. Unless expressly stated otherwise at the time of booking, reservations may be non-refundable or subject to cancellation fees.

Any eligible refund will be processed in accordance with the provider’s applicable policy. Smarter Getaways acts solely as an intermediary and is not responsible for determining, approving, or paying refunds except where required by law or where we have expressly agreed otherwise.

Users are responsible for reviewing the applicable cancellation and refund terms before confirming any reservation.

Where refunds on reservations are permitted, these will be made only through the original mode of payment and will be processed within 10 to 45 days depending on the issuing bank of the credit card.

SUBSCIPTIONS

The details of the subscription and membership benefits are available in the Subscription Agreement.

A valid payment method is required to process the payment for your subscription. You should provide Smarter Getaways with accurate and complete billing information that may include but not limited to full name, address, state, postal or zip code, telephone number, and valid payment method information for the period of membership.

By submitting such payment information, you automatically authorize Smarter Getaways to charge all Subscription fees incurred through your account to any such payment instruments.

You represent and warrant that: (i) you have the legal right to use any card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.

We may employ the use of third-party services for the purpose of facilitating payment and the completion of Subscription. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy.

Should automatic billing fail to occur for any reason, Smarter Getaways reserve the right to terminate your access to the Service with immediate effect without prior notification.

SUBSCRIPTION PAYMENT AND TERM

All subscription fees are billed in advance and are non-refundable. Each subscription is valid for a fixed period of 24 months ("Subscription Term").

The subscription will automatically expire at the end of the Subscription Term unless the subscriber elects to renew. Smarter Getaways or its nominated service provider will contact the subscriber prior to the expiry of the Subscription Term to offer the option of renewal. Renewal is at the subscriber’s sole discretion and will be subject to the terms and fees applicable at the time of renewal.

Subscription fees are non-refundable, except where required by applicable law. No refunds or partial refunds will be provided for unused subscription periods or failure to use the services during the Subscription Term.

REPRESENTATIONS BY YOU

By visiting the Platform, you represent, warrant and covenant that (a) you are at least 18 years old; (b) that all materials of any kind submitted by you to US through the Platform or for inclusion on the Website will not plagiarize, violate or infringe upon the rights of any third-party including trade secret, copyright, trademark, trade dress, privacy, patent, or other personal or proprietary rights. The customer using the website who are Minor /under the age of 18 shall not register as a User on the Platform and shall not transact on or use the website.

PERMITTED USE

You agree that you are only authorized to visit, view and to retain a copy of pages of this Platform for your own personal use, that you shall not duplicate, download, publish, modify or otherwise distribute the material on this Platform for any purpose other than for personal use, unless otherwise specifically authorized by Smarter Getaways to do so. You also agree not to deep-link to the Platform for any purpose, unless specifically authorized by US to do so. The content and software on this Website is the property of Smarter Getaways. The cardholder must retain a copy of transaction records and Merchant policies and rules.

TYPOGRAPHICAL ERRORS

From time to time, there may be errors in the pricing that appears on the Platform or during the order process. We will try to resolve, in good faith, any issues that may arise as a result of such errors. You need to cooperate with us to resolve such issues, and you agree that we shall have full discretion to determine the appropriate resolution in such cases. In the event OUR product is mistakenly listed at an incorrect price, Smarter Getaways reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. WE reserve the right to refuse or cancel any such order or booking even if the reservation has been confirmed and your credit card charged.

ERROR REPORTING AND FEEDBACK

You may provide us either directly at support@smarter-getaways.com or via third party websites and tools with information and feedback concerning errors, suggestions for improvements, ideas, problems, complaints, and other matters related to our Service (“Feedback”). You acknowledge and agree that: (i) you shall not retain, acquire or assert any intellectual property right or other right, title or interest in or to the Feedback; (ii) WE may have development ideas similar to the Feedback; (iii) Feedback does not contain confidential information or proprietary information from you or any third party; (iv) Smarter Getaways is not under any obligation of confidentiality with respect to the Feedback; (v) The statements of fact reflected in the Feedback posted by you are true or not materially different from the truth; and (vi) You will not use obscene or offensive language or submit any material that is, or may potentially be, defamatory, abusive or hateful, an invasion of anyone’s privacy, harmful to other users, harmful to the business interests of Smarter Getaways In the event the transfer of the ownership to the Feedback is not possible due to applicable mandatory laws, you grant Smarter Getaways and its affiliates an exclusive, transferable, irrevocable, free-of-charge, sub-licensable, unlimited and perpetual right to use (including copy, modify, create derivative works, publish, distribute and commercialize) Feedback in any manner and for any purpose.

You hereby irrevocably release Smarter Getaways from, and waive all rights against Smarter Getaways, in respect of any liability arising out of or in connection with the publication of any defamatory comments made by you or about you in such Feedback. You agree to indemnify and hold harmless the Company and its affiliates (and their respective employees, directors and representatives) against any claim or action brought by a travel provider, accommodation, tour operator, or other merchants, arising out of or in connection with any Feedback left by you on the Platform or any third-party websites and tools.

YOUR ACCOUNT

If you use Smarter Getaways Platform, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your account from any devices, and you agree to accept responsibility for all activities that occur under your account or password including the subscription purchased through the account. The Platform shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with this section.

PRODUCT EFFICACY

If for any reason the product does not work for a particular individual or if the person is unsatisfied for any reason whatsoever, Smarter Getaways in no way implies or warrants that any of the products contained on this Website will work for every person as individual results may vary.

LINKS AND SEARCH RESULTS

The Platform may automatically produce search results that reference and/or link to third party websites throughout the World Wide Web. Smarter Getaways have no control over these websites or the content within them. WE do not guarantee, represent or warrant that the content contained in the websites is accurate, legal and/or inoffensive. Smarter Getaways do not endorse the content of any third-party website, nor does it make any representation or warranty about these websites, including that they will not contain viruses or otherwise impact your computer. By using the website to search for or link to another website, you agree and understand that you may not make any claim against US for any damages or losses, whatsoever, resulting from your use of the Website to obtain search results or to link to another Website.

VIOLATION OF TERMS OF USE

The Company may terminate or suspend your access to all or part of the Services, without Court order and without prior notice, if it believes that your conduct is in violation of these Terms of Use, applicable law, or otherwise harmful to the interests of the Company or any third party. Notwithstanding such termination or suspension, you agree that you will continue to be subject to the obligations which, by their nature, survive such termination or suspension, including the obligations relating to Intellectual Property Rights, User Generated Content.

LINKS TO OTHER WEBSITES

Our Service may contain links to Third-Party websites or our subsidiaries and affiliates (Third-Party) including but not limited to: ARRIVIA, International Cruise & Excursion Gallery, Inc; ICE Europe, Ltd; Gallery Lifestyles and Cruises S. De R.L. De C.V.; Gallery Intertel Services S. De. R.L. De C.V.; I.C.E. Vacations Asia-Pacific Pty Ltd; ICE Travel Portugal, LDA; and ICE Vacation Center India Private Limited that are not owned or controlled by Smarter Getaways.

Smarter Getaways has no control over, and assumes no responsibility for the content, terms of use, privacy policies, or practices of any third-party websites or services. We do not guarantee the offerings of any of these entities/individuals or their websites.

YOU ACKNOWLEDGE AND AGREE THAT THE COMPANY SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH USE OF OR RELIANCE ON ANY SUCH CONTENT, GOODS OR SERVICES AVAILABLE ON OR THROUGH ANY SUCH THIRD-PARTY WEBSITES OR SERVICES. WE STRONGLY ADVISE YOU TO READ THE TERMS OF SERVICE AND PRIVACY POLICIES OF ANY THIRD-PARTY WEBSITES OR SERVICES THAT YOU VISIT.

ADVERTISING

The Platform may contain advertisements and/or sponsorships. The advertisers and/or sponsors that provide these advertisements and sponsorships are solely responsible for insuring that the materials submitted for inclusion on the Platform are accurate and comply with all applicable laws. The Company is not responsible for the acts or omissions of any advertiser or sponsor.

DISCLAIMER OF WARRANTY

THE PLATFORM AND ITS CONTENT ARE PROVIDED ON AN "AS IS" AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW WE MAKES NO WARRANTY OR REPRESENTATION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTY OF TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR OTHER VIOLATION OF RIGHTS IN RELATION TO THE AVAILABILITY, ACCURACY, VALIDITY, RELIABILITY OR CONTENT OF THESE PAGES AND/OR THE PLATFORM.

LIMITATION OF LIABILITY

To the maximum extent permissible by applicable law, Company, its parents, subsidiaries, affiliates, and their respective suppliers, and any of their owners, officers, directors, managers, members, agents, and employees:

• Are not liable for any direct, indirect, punitive, incidental, special, or consequential damages or loss (including, without limitation, incidental and consequential damages, lost profits, or damages resulting from lost data or business interruption) arising out of, or in way connected with, the use or inability to use the Website and its content, whether based on warranty, contract, tort (including negligence), or any other legal theory, and whether or not company is advised of the possibility of such damages; and
• Exclude any and all liability for damages caused by, any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any communications due to technical problems or traffic congestion on the internet or on the Website or combination thereof, including any injury or damage to any users or to any person’s computer related to or resulting from use of the Website.

Where it is not possible to exclude liability under applicable law, you agree that Company’s maximum liability for any corresponding claim shall not exceed the amount you paid for the specific transaction, purchase, or subscription that gave rise to the claim.

INDEMNIFICATION

You agree to hold harmless and indemnify the Company, its affiliates, and its respective suppliers, and any of their owners, officers, directors, managers, members, agents, and employees, from and against any claims, liabilities, suits, judgments, litigation costs, causes of action, demands, recoveries, losses, damages (actual and consequential), fines, penalties, and attorneys’ fees or other costs or expenses of any kind or nature arising from or in any way related to your use of the Platform, including, but not limited to those brought by you or on your behalf in excess of the liability described above, or by third parties as a result of your breach of these Terms, your violation of any law or the rights of a third party, or your use of the Platform.

MODIFICATION

We reserve the right, in our sole discretion, to change, modify, add, or remove portions of these Terms of Use at any time. You should read these Terms of Use periodically for changes. If you use the Website after we post changes to these Terms of Use, you will be deemed to have accepted the changed Terms of Use.

ELECTRONIC COMMUNICATIONS

To use the Platform, you will communicate with us electronically. You agree to receive communications from us electronically and that these electronic communications will satisfy any legal requirement for communications which need to be in writing. You agree that we can reasonably rely on any electronic communication received from you with the intention of giving your authentication or approval of information sent to us by electronic means (whether through the App or otherwise).

ELECTRONIC TRANSACTIONS

These Terms of Use including any amendments to them and any documents to be signed in connection with these Terms and Conditions, may be signed using an electronic signature in accordance with Federal Law No. (46) of 2021 on Electronic Transactions and Trust Services (the “ETTS”), and the use by You of electronic signature shall, for the purposes of validity, enforceability and admissibility, be conclusive evidence of Your intention to be legally bound as if such signature had been written by hand. In the event that an electronic signature is, for any reason whatsoever, not recognized by any relevant person, entity or authority in any applicable jurisdiction, you undertakes, upon request, to promptly provide a handwritten signature on any relevant document.

APPLICABLE LAW AND DISPUTE RESOLUTION

These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) are governed by and construed in accordance with the federal laws of the emirate of Dubai, United Arab Emirates.

Any dispute arising out of or in connection with these Terms of Use, including any question regarding its existence, validity or termination, shall be subject to the exclusive jurisdiction of courts of the Emirate of Dubai.

SEVERABILITY

If any provision of the Terms of Use is held to be invalid, void or unenforceable, the remaining provisions shall nevertheless continue in full force and effect.

ENTIRE AGREEMENT

The Terms of Use, our Privacy Policy and Subscription Agreement constitute the sole and entire engagement between you and the Company with respect to the Platform and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to use of the Platform.

CONTACT

For any queries regarding the Service or these Terms of Use, please contact us at support@smarter-getaways.com.

ACCEPTANCE

You understand and accept that by signing up for the membership with Smarter Getaways You are buying right of a membership in Smarter Getaways that entitles You to certain benefits and discounts.

You understand and accept that Smarter Getaways reserve the rights to establish and adapt any type of system for the reservations and for any other use.

You understand and accept that the Smarter Getaways Platform is owned and operated by Smarter Getaways.

You understand and accept that Smarter Getaways requires all members to be in good standing about the payment of the membership subscription, monthly payments as a condition of the reservations made by the You.

You understand and accept that you are required to pay in full as a member.

You understand that your boomerang points will expire if renewal is not made within 24 months.

You understand and accept that the prices for all reservations are subject to the prices stated on the Smarter Getaways website and mobile application and that they will vary depending on the location / accommodation that You select.