• Gourmet Club is a membership program that offers dining and accommodation privileges, access to a range of select hotel facilities, promotions, offers and reservations to individuals at Participating Hotels (defined below), Partner Hotels (defined below) and certain benefits from Program Partners (defined below) of Ole-Sereni Group in the Kenyan region (the “Gourmet Club Program”). The services under the Gourmet Club Program are available through the Gourmet Club Kenya Mobile Application, available on iOS and Android operating systems (the “Gourmet Club Kenya App”) which also provides digital membership cards and certificates.


• The physical membership cards and certificates of existing members of the Gourmet Club Program will continue to be valid until the validity of such membership, and the terms of use applicable to such members will be as set out here. Renewal of existing memberships will be made available only on the Gourmet Club Kenya App at the relevant time.


• Gourmet Club Program as offered by the Gourmet Club Kenya App is subject to the terms and conditions of use set out herein below (the “Terms and Conditions”) and the other terms stated at the time of use of the benefits and the Privacy Policy available at https://254olesereni.com/privacy-policy/ (the “Privacy Policy”), ‘the Licensed Application End User License Agreement’ of Apple, Inc., available at https://www.apple.com/legal/internet-services/itunes/dev/stdeula/ (“Apple EULA”) and, if applicable the end user license agreement in relation to the Google Play Store of Google LLC (“Google EULA”). The Gourmet Club Program website, operated by or on behalf of Ole-Sereni (defined below) is governed by certain terms of use available at https://254olesereni.com/privacy-policy/ (“Website Terms of Use”). Please refer to www.gourmetclub.co.ke for the latest updates on the Gourmet Club Program, including the Terms and Conditions, Website Terms of Use, the Privacy Policy, the Participating Hotels, Partner Hotels and Program Partners. In the event of conflict between the provisions of the Apple EULA and the Terms and Conditions, the provisions of the Terms and Conditions will prevail. In the event of conflict between the provisions of the Google EULA and the Terms and Conditions, the provisions of the Terms and Conditions will prevail.


• By clicking “I AGREE” or by paying the membership fee or using the benefits of the membership or any feature of the Gourmet Club Kenya App, you will be deemed to have read, understood and accepted the Terms and Conditions of membership, the use of the Gourmet Club Kenya App, the Apple EULA, the Google EULA, the Privacy Policy and the Website Terms of Use. If the Apple EULA, Google EULA, the Privacy Policy and the Website Terms of Use. If the Privacy Policy, the Website Terms of Use or the Terms and Conditions are not acceptable to you, you may exit and refrain from using any feature of the Gourmet Club Program and the Gourmet Club Kenya App.


• By accepting the Terms and Conditions, you will be entering into a binding agreement with Ole-Sereni Group, Kenya and their respective affiliates, subsidiaries, associates and group companies, TLC International Ltd and its affiliates, subsidiaries, associates and group companies (“TLC”), the hotels, resorts and properties participating in the Gourmet Club Program and offering all membership benefits, including sale of the Gourmet Club Program memberships (the “Participating Hotels”) and hotels, resorts and properties affiliated to Ole-Sereni offering certain benefits of the Gourmet Club Program (the “Partner Hotels”). For a complete list of Participating Hotels, Partner Hotels and Program Partners, see www.gourmetclub.co.ke for the use of the Gourmet Club Program.


• The use of “we” or “us” in the Terms and Conditions refers to Ole-Sereni, TLC, the Participating Hotels and Partner Hotels.


• The benefits, rules, Terms and Conditions, Apple EULA, Google EULA, Privacy Policy, the Website Terms of Use and the duration of the Gourmet Club Program may be modified, withdrawn, added or deleted, with or without prior notice. All decisions taken by us in this regard shall be final and binding on the members of the Gourmet Club Program.

• The Gourmet Club Program is open only for individuals, and its services may not be availed by employees of Ole Sereni and TLC, companies, organizations, associations, travel agencies etc. unless otherwise expressly authorized by Ole Sereni . Ole Sereni and TLC reserve the right to deny membership to any individual without assigning a reason.


• The Gourmet Club Program is open only to individuals aged 18 years and above or the age of majority where they live, and who are otherwise competent to contract as per the Kenya Citizenship Act (Cap. 170), as amended. Applicants are responsible for compliance with all applicable laws.


• By enrolling and participating in the Gourmet Club Program, you agree that we may contact you by telephone, by text message, by electronic mail, by instantaneous chat, or by any other media for which you have provided contact information in connection with your membership in accordance with the terms of our Privacy Policy.


• Applicants can enroll as a Member and existing Members can renew their membership by creating an account on the Gourmet Club App. Such applicants and existing members will be required to provide valid, accurate, complete and updated personal information on a mandatory basis, which only includes their first name, last name, mobile number and e-mail ID to avail of the services under the Gourmet Club Program. Applicants will be required to complete two-factor authentication to verify their contact details (i.e. e-mail address and mobile number). This information will be stored and used in accordance with the Privacy Policy. We reserve the right to cancel or deny access to any account found to contain false, fictitious, erroneous or outdated information.


• Members are advised to avail a single membership, however, subject to Ole Sereni ’s discretion, Members may avail of a total of five (5) memberships across hotels, which will be reflected in the Member’s Cards Wallet on the Gourmet Club App. However, an individual Member will have a single unique profile in the Gourmet Club App irrespective of the number of membership subscriptions availed by them. It is recommended that the Member upload a profile photograph to their profile for a better in-hotel experience. Such photograph should be of the individual Member only. Photographs of non-members, objects or locations are not permitted.


• Membership benefits may be availed only by Members, and are accessible only through a single phone device registered by them at the time of creating their account. This device can be automatically changed by the Member once through the Gourmet Club App, and through the Program Contact Centre for any subsequent changes. If a Member inadvertently creates a duplicate account by using different or alternate contact details, the details provided in the new account may be merged and consolidated into their previous account


• If permitted, Members can add a Spouse membership, Partner membership, gift a membership, refer a Member or gift a certificate benefit which is transferable. All such transactions will be undertaken through the Gourmet Club App and the beneficiary will be required to download the Gourmet Club App, do a two-factor authentication and accept all the terms of usage as defined here. Spouse Members will have access to the Primary Members certificates which can be used only once by either the Primary Member or the Spouse Member.


• If you wish to avail input Value added tax credit on your membership fee under the Kenya Revenue Authority (“VAT”), we request you to provide us with your VAT registration number and the company name at the time of making the payment on the Gourmet Club App or within one week of an offline purchase of the membership to the Gourmet Club Program. These details will need to be updated in the personal profile of the Gourmet Club App.


• Members are responsible for maintaining the confidentiality of the information provided by them on the Gourmet Club App and for the security of information on the Gourmet Club App. Members will receive a text message (SMS) and/or e-mail notification of each transaction on the Gourmet Club App which they are required to authorize through a one-time password. We are not responsible for any unauthorized access to the Member’s account or any unauthorized redemption from the Member’s account. Members must immediately report any fraudulent activity on the Gourmet Club App to the Gourmet Club Program Contact Centre.
  


• The Gourmet Club App should not be used for commercial purposes, unlawful, immoral or illegal purposes or for any purpose other than those stated in the Terms and Conditions. We reserve the right to deny access to the Gourmet Club App to any user who violates the Terms and Conditions, the Website Terms of Use and the Privacy Policy, or at our sole discretion.


• Members must not engage in any conduct or do anything that would damage, impair or interfere with the operation or security of the Gourmet Club App, the system hosting the Gourmet Club App, or any of our computer systems.


• Members are requested to keep the Gourmet Club Mobile App updated on version updates to ensure a seamless experience and continuity of all the benefits.

• The Gourmet Club App contains proprietary information, content and materials, including but not limited to domain name, icons, logos, trade names, trade secrets and trademarks in relation to the Ole Sereni brand (the “Ole Sereni Materials”) that are owned by Ole Sereni and is protected by applicable intellectual property and other laws. No license is granted in respect of those intellectual property rights. The use of the Gourmet Club App by any person does not grant, transfer to or confer upon such person any right, title or interest in the Ole Sereni Materials.


• The Gourmet Club App also contains proprietary information, content and materials, including but not limited to designs, flows, copyright, trademarks, patents, software codes, source code and other underlying technology and user interface and user journey (the “TLC Materials”), that are owned by TLC and is protected by applicable intellectual property and other laws. No license is granted in respect of those intellectual property rights. The use of the Gourmet Club App by any person does not grant, transfer to or confer upon such person any right, title or interest in the TLC Materials.


• Users agree that they will not use the Ole Sereni Materials and TLC Materials (collectively, the “Intellectual Property”) in any way whatsoever except for use of the services available on the Gourmet Club App in compliance with the Terms and Conditions. Users must not use, copy, modify, publish, reproduce, distribute, re-transmit, transfer, upload, download, sell, license, reverse engineer, decompile, or disassemble the Intellectual Property, without the prior written consent of Ole Sereni or TLC (as applicable). Users must also not engage in any conduct that infringes, violates or misappropriates any Intellectual Property rights of Ole Sereni, TLC or any other party, and such infringement, violation or misappropriation shall amount to a breach of the Terms and Conditions.


• Ole Sereni and TLC reserve the right to take any administrative and/or legal action in the event of misuse, infringement, violation or misappropriation of the Intellectual Property by any users. You agree to indemnify, defend and hold Ole Sereni, TLC and our affiliates, subsidiaries, directors, officers, employees, consultants, agents and other representatives, harmless from and against any and all claims, judgment, deficiencies, damages, liabilities, losses, costs (including reasonable attorneys’ fees) and other expenses that arise directly or indirectly out of or from an infringement or misuse of the Intellectual Property.

• The benefits of the Gourmet Club Program may be availed through paid membership. Certain features may be availed without a paid membership where Members may freely download and use the Gourmet Club Kenya App. Membership benefits may vary, depending on the hotel where the membership is purchased and used or when the Gourmet Club Kenya App is provided by a Program Partner or a third-party to its customers or used by a Member without a paid membership.


• The benefits on the Gourmet Club Program are offered solely at the discretion of Ole-Sereni, the Participating Hotels, the Partner Hotels and Program Partners. Not all services and benefits are provided by all Participating Hotels and Partner Hotels. Membership benefits are subject to availability and may be changed without prior notice and we will not be liable to the Member for any compensation in the event of denial of such benefits or services.


• Dress codes and child policy may apply at certain hotels. Liquor would be served only to guests who have attained the minimum legal age for purchase and/or consumption of alcohol in accordance with applicable law.

DINING BENEFITS

• Dining benefits may be availed under the Gourmet Club Program (described more fully at www.gourmetclub.co.ke). Members may make table reservations to selected restaurants at the Participating Hotels or Partner Hotels through the Gourmet Club Kenya App. We will not be liable to the Member in the event a table reservation is cancelled, or any dining benefits are denied.


• Dining benefits providing discount of up to 50% on the food and 15% beverages bill are available on a table of up to a maximum of 12 guests while dining at designated restaurants of the hotel from where the membership is purchased. Dining benefits providing discount of up to 20% on the food and beverages bill are available on a table of up to a maximum of ten guests at other Participating Hotels.


• Eligible purchases of dining benefits made under the Gourmet Club Program exclude (i) Value Added Taxes; (ii) purchases made during the blackout dates or any other day as specified by the Participating Hotel or Partner Hotel; (iii) catering and/or event purchases; (iv) carry-out and/or delivery purchases or room service orders; and (v) special promotions, discounts or other bundled food and/or beverage purchases. Ole-Sereni, the Participating Hotels and/or Partner Hotels shall determine in their sole discretion whether a purchase constitutes an eligible purchase, and the Member agrees to abide by, and to be bound by, such determination.

ACCOMMODATION BENEFITS

Reservations

• By using the Gourmet Club Kenya App to make reservations at a Participating Hotel or Partner Hotel, you (i) agree to be bound by all of such Participating Hotel’s or Partner Hotel’s standard terms and conditions and by any other policies, terms and conditions that may apply, and (ii) authorize Ole-Sereni, the Participating Hotels and/or the Partner Hotels to use your personal information for the purpose of the reservation.


• All reservations are subject to room allocation availability at the Participating Hotel or Partner Hotel. It is recommended to make a reservation in advance on the Gourmet Club Kenya App which is routed through www.ole-sereni.com or directly at https://www.ole-sereni.com clearly selecting the membership benefits to be redeemed and the Participating Hotel or Partner Hotel to avoid any disappointment on arrival. Please enter the applicable corporate promo code under the section “Enter Discount Code”. All reservations under the Gourmet Club Program are non-commissionable.


• Accommodation benefits are in the form of certificate benefits that are for one time use with the certificate clearly specifying the discount percentage and the hotels where those can be used.


• Redemption of certificates or promo codes in relation to reservations can only be made 30 days prior to the date of arrival or as stated on the certificates or terms and conditions applicable to a promo code.


• Early check-in, late check-out or specific room type requests are subject to availability and cannot be guaranteed at the time of reservation.


• The Participating Hotel or Partner Hotel reserves the right to require proper proof of identity (e.g. passports or national identity cards) from any person checking in. The Participating Hotel or Partner Hotel has the absolute discretion to refuse to check-in any guest who is unable to provide proper proof of identity.


• Eligible purchases of accommodation benefits made under the Gourmet Club Program exclude (i) VAT and other taxes; (ii) purchases made during the blackout dates or any other day as specified by the Participating Hotel or Partner Hotel; (iii) purchases for specific events such as weddings, conferences, or special events; (iv) purchases made in conjunction with other prevailing offers, special promotions or discount programs; and (v) bookings and reservations made for the purposes of reselling, advertising or marketing the reservations (whether online or otherwise) to third parties including by online agents, third-party owned websites, corporations or travel agents for commission. Ole-Sereni, the Participating Hotels and/or Partner Hotels shall determine in their sole discretion whether a purchase constitutes an eligible purchase, and the Member agrees to abide by, and to be bound by, such determination.

Cancellation Policy

• The cancellation of any reservation may vary depending on the room rates, occupancy levels, availability or other requirements of the Participating Hotel or Partner Hotel. The cancellation policy of the Participating Hotel or Partner Hotel will typically be provided along with the confirmation of the reservation.


• Notwithstanding the foregoing, it is our standard policy that any amendments to, or cancellations of, any reservation may be subject to a certain retention amount in accordance with the standard cancellation terms of the relevant Participating Hotel or Partner Hotel. Paid Gourmet Club Members and Spouse Members are eligible to avail the benefits of unique experiences curated by the Gourmet Club Program with special and unique offers. These are available on the Gourmet Club Kenya App and will be subject to their respective terms and conditions.

UNIQUE EXPERIENCES AND EVENTS

• Paid Gourmet Club Members and Spouse Members are eligible to avail the benefits of unique experiences curated by the Gourmet Club Program with special and unique offers. These are available on the Gourmet Club Kenya App and will be subject to their respective terms and conditions.


• Unique experiences are subject to availability and non-transferable and members are prohibited from selling, assigning, transferring, re-marketing, or otherwise disposing of a unique experience that has been redeemed.


• Members participate in unique experiences at their own risk and are deemed to have agreed to release and hold us harmless from and against any loss, damage, injury, claim or cause of action arising out of participation in an experience.


• Eligible purchases of unique experiences made under the Gourmet Club Program exclude (i) VAT and other taxes; and (ii) purchases made in conjunction with other prevailing offers, special promotions or discount programs. Ole-Sereni, the Participating Hotels and/or Partner Hotels shall determine in their sole discretion whether a purchase constitutes an eligible purchase, and the Member agrees to abide by, and to be bound by, such determination.

SPA, HEALTH CLUB AND POOL FACILITIES

• These benefits are available normally only at the hotel from where the membership is purchased and with restricted number of guests, on available days and time. Members are advised to read the terms and conditions of the benefit on the Gourmet Club website and on the face and reverse of the certificate to avail such benefits.


• Reservations for using benefits such as eligible health club, spa and/or salon purchases and access to pool facilities are limited to the hotel from where the membership is purchased and subject to the house rules that may apply for the use of these facilities. We will not be liable to the Member in the event access to spa services, health club and pool facilities is cancelled or denied for reservations made on the Gourmet Club Kenya App.


• Eligible purchases in relation to (i) spa benefits include spa and/or salon services, spa and/or salon retail purchases, and spa and/or salon food and beverage items; (ii) health club benefits include access to the health club, health club retail purchases, and shower, steam and sauna; and (ii) pool facilities include access to the pool, shower, steam and sauna and/or food and beverage items.


• Eligible purchases of spa, health club and pool benefits made under the Gourmet Club Program exclude (i) VAT and other taxes; (ii) purchases made during the blackout dates or any other day as specified by the Participating Hotel or Partner Hotel; (iii) purchases for specific events such as weddings, conferences, or special events; (iv) purchases made in conjunction with other prevailing offers, special promotions or discount programs; and (v) bookings and reservations made for the purposes of reselling, advertising or marketing the reservations (whether online or otherwise) to third parties. Ole-Sereni, the Participating Hotels and/or Partner Hotels shall determine in their sole discretion whether a purchase constitutes an eligible purchase, and the Member agrees to abide by, and to be bound by, such determination.

• Gift cards may be issued by Ole Sereni and purchased by Members in either digital or physical form on the Gourmet Club App for the purpose of self-use or gifting to any person including certificates providing certain benefits (the “Gift Certificate”) and cash certificates pre-loaded with a certain monetary amount not exceeding Ksh 20,000, which may be redeemed by the recipient for select benefits at a Participating Hotel or Partner Hotel (the “Ole Sereni Experience Certificate”, collectively “Gift Cards”). Use of Gift Cards may be subject to VAT and is also subject to additional terms and conditions printed on the Gift Cards, and as set out below.

• Gift Cards are designed and available for members in either physical or digital form. Digital gift cards are redeemable only through the Gourmet Club App and physical gift cards are redeemable only in person at the hotel where they are being redeemed. Gift cards are valid for a limited period of time (typically six months from the date of purchase).

• Certain additional eligibility criteria may be imposed by Ole Sereni, the Participating Hotels and/or Partner Hotels on recipients of Gift Card benefits (i.e., in case of accommodation benefits, the recipient is required to be aged 18 or above).

• Gift Cards carry no value unless they are activated. Gift Cards are not returnable, refundable or redeemable for cash, and may not be reloaded, resold or transferred for value. Any unused amount on the Gift card will lapse and cannot be carried forward or returned in cash. Gift Cards may not be used for availing any benefits from Program Partners. Gift Cards transferred fraudulently, unlawfully, or otherwise in violation of these Terms and Conditions, are subject to cancellation. Ole Sereni, the Participating Hotels and/or Partner Hotels reserve the right to institute additional security and verification procedures at the time of redemption of Gift Cards to prevent fraud and misuse.

• Ole Sereni, the Participating Hotels and/or Partner Hotels reserve the right to alter, withdraw, or institute additional requirements regarding use of Gift Card benefits. We are not liable for cancellation or denial of Gift Card benefits to any members or Gift Card recipients.

• Members can personalize a Gift Card by uploading an image that will be printed on the front of the Gift Card or creating a video that will be sent with the Gift Card (only available for digital Gift Cards).

• In order to personalize the Gift Card, the procedures set out in the online purchasing and gifting system in the Gourmet Club App must be followed. The Member is obliged to indemnify and shall release and keep us fully harmless from any third-party claim or damage incurred as a consequence of a Member’s personalized Gift Card.

• Members may refer the Gourmet Club Program to a friend or any other person and upon successful enrollment in the Gourmet Club Program by such person, the referring Member will be eligible for a referral benefit in the form of an e-Certificate with a value of Ksh 2000 or any other amount as may be decided by Ole Sereni from time to time which may be digitally redeemed at the Gourmet Club App.


• These Terms and Conditions shall apply separately and independently to each Member enrolled in the Gourmet Club Program, including each person enrolled by referral from a Member.

CANCELLATION

• Members who wish to discontinue their membership are required to submit a written request of cancellation and refund (if applicable) within 15 days of becoming a Member. Upon submission of a written request, termination is irreversible. The membership account of the concerned Member on the Gourmet Club App will be closed, and the total amount of the membership fee will be refunded provided that no benefits under the Gourmet Club Program have been used by the Member and the refund requested adheres to the given timeline. The refund will be processed upon the receipt of membership card or certificates, if any and the written request for cancellation of membership.

TERMINATION

• Membership will end automatically upon the death of the Member.


• Ole Sereni may immediately, without notice or limitation, terminate any membership to the Gourmet Club Program at its sole discretion without assigning any reason or if the Member: (i) violates these Terms and Conditions, the Privacy Policy, the Website Terms of Use or any other applicable additional terms, or appears to be utilizing the benefits under the Gourmet Club Program in a manner inconsistent with these Terms and Conditions or the intent of the Gourmet Club Program; (ii) fails to promptly pay any applicable dues; (iii) is suspected or found to be acting in an abusive or fraudulent manner or engaging in any conduct that artificially, improperly, or deceptively impacts the use of membership benefits (including, without limitation, use of any “bot,” macro, or other automated means of participating in the Gourmet Club Program); (iv) attempts to transfer their account to another Member or a third party, except with the express written permission of Ole Sereni; (v) makes any misrepresentation in connection with the Gourmet Club Program; (vi) impairs the normal functioning of the Gourmet Club Program website or the Gourmet Club App or the Gourmet Club Program; (vii) disturbs other guests or otherwise disrupts or impairs the normal operation of Ole Sereni, any Participating Hotel and/or Partner Hotel; (viii) acts in a manner detrimental to us or any third party (including, without limitation, behaving towards any Ole Sereni employees or other guests of a Participating Hotel or Partner Hotel in any manner that is abusive, harassing, threatening, derogatory, disrespectful, lewd, obscene, offensive, or otherwise inappropriate, as determined by Ole Sereni in its sole discretion); or (ix) acts in any manner inconsistent with applicable law; or (x) allows their membership account to remain inactive for a period of two months or more; or (xi) files for insolvency or bankruptcy, or is otherwise subject to a bankruptcy proceeding.


• Membership cards or certificates must be returned to Ole Sereni, the Participating Hotels and/or Partner Hotels upon the termination of membership of any Member.


• Members agree that Ole Sereni, the Participating Hotels and/or Partner Hotels have the right to monitor membership accounts at any time and without prior notice for compliance to the Terms and Conditions. Any fraud or abuse in relation to the Gourmet Club Program is subject to appropriate administrative and/or legal action, including termination of membership.

• If the Gourmet Club Program is terminated, all unredeemed benefits will be forfeited without the imposition of any obligation, refund or liability on us, unless otherwise announced by us. Upon termination, there shall be no obligation on us to offer a replacement program. Ole Sereni, the Participating Hotels and/or the Partner Hotels reserve the right to determine in our sole discretion how to handle any benefits under the Gourmet Club Program to activities occurring after the effective date of termination. Such discretion may include declining to provide such benefits after the effective date of the termination.

• If a Participating Hotel or a Partner Hotel ceases to operate as a hotel owned, managed, operated, franchised, or licensed by Ole Sereni, or if such hotel ceases to be a Participating Hotel or a Partner Hotel (as applicable), you will not be eligible to redeem any benefits under the Gourmet Club Program, for an otherwise qualifying activity at that property, even if the stay was booked before the hotel ceased to be associated with Ole Sereni or ceased its participation in the Gourmet Club Program.


• If a Program Partner ceases to be affiliated with Ole Sereni or ceases its participation in the Gourmet Club Program, you will not be eligible to redeem any benefits provided by such Program Partner, even if the benefit was requested for before such Program Partner ceased its participation in the Gourmet Club Program.


• The use of benefits under and participation in the Gourmet Club Program, including, but not limited to, the collection of certificates or other benefits may be subject to fees and taxes in the relevant jurisdiction. As a result, members will be required to pay such fees and taxes as applicable. Any tax liability, including disclosure to third parties, connected with receipt or use of any of the benefits under the Gourmet Club Program is the Member’s responsibility. We are not liable for any such tax liability, duty or other charges.


• Any request for online payment for payment of membership fee or for the purchase of any benefit under the Gourmet Club Program are transferred to and processed by a third-party payment gateway service provider. We do not store any debit/credit card information of any Member in our database or in any data backup system or retrieval system. For abundant caution, each transaction done through the Payment Gateway has a limit of Ksh 50,000 (Kenya Shillings only). The Gourmet Club Parties specifically disclaim all warranties and conditions of any kind, whether express or implied, in relation to the operation of the payment gateway, and shall not be liable for any monetary or other damage suffered by any person due to (i) any delay, failure, interruption, or corruption of any data or other information transmitted in connection with the use of the payment gateway or any services in such connection; and/or (ii) any interruption or errors in the operation of the payment gateway.

• The Gourmet Club Program is made available to you on an as-is, as-available basis, without representations or warranties of any kind, whether express or implied. Gourmet Club Parties make no representation about the suitability of the Gourmet Club Program for you. The Gourmet Club Parties specifically disclaim all warranties and conditions of any kind, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement.


• Your participation in the Gourmet Club Program is voluntary, by your own choice and at your own risk. The Gourmet Club Parties do not warrant or represent that your access to the Gourmet Club App will be uninterrupted or error-free or that any information, data, content or other material accessible through the Gourmet Club App will be free of viruses, bugs, malwares or other harmful components that may interfere with or damage the operation, security or functionality of your device(s)..


• Without limiting the foregoing, the Gourmet Club Parties do not represent or warrant that the information related to the Gourmet Club Program is accurate, complete, reliable, useful, timely, or current or that the Gourmet Club Program will operate without interruption or error. Despite commercially reasonable efforts the Gourmet Club App, website and other materials may contain typographical or other errors or inaccuracies, including, without limitation, regarding the benefits of the Gourmet Club Program. No Gourmet Club Party will be responsible for any such error, typo, or misprint in these terms or any such program materials. The Gourmet Club Parties reserve the right to void or refuse to process any benefit or transaction arising out of such an error, typo, or misprint.


• The materials on the Gourmet Club App are for general information only and nothing in the Gourmet Club App contains professional advice or any binding commitment in relation to the accuracy, reliability or availability of the products and services on offer.


• You acknowledge that your access to the Gourmet Club App and the ability to redeem the benefits of the Gourmet Club Program are only through your device(s) and depends on the mobile network carrier or internet. You agree that the Gourmet Club Parties are not responsible for any delays, interruptions or suspension of the services available through the Gourmet Club App which are caused by the failure of network connectivity. You agree to bear the expenses in respect of maintaining network connectivity to use the Gourmet Club App. You also agree that Gourmet Club Parties are not responsible for any malfunctions, failures, difficulties, or lost, stolen or misdirected messages, transmissions or entries, or the security of any communications entered into by you. To the fullest extent permitted by law, the Gourmet Club Parties shall not be responsible for injury, loss or damage to your device(s), or interception, use or disclosure of confidential information (such as credit/debit card information or other personally identifiable information), arising out of your use of the Gourmet Club App or any sites linked or associated with the Gourmet Club App.


• The Gourmet Club Parties will not be liable for any acts, errors or omissions of any other Member, third party or program participant or any third party’s loyalty or rewards program.


• In no event will a Gourmet Club Party be liable to you for any indirect, incidental, special or consequential damages arising out of or in any way connected with the Gourmet Club Program. You agree that the Gourmet Club Parties’ total cumulative liability in connection with or arising out of the Gourmet Club Program and these Terms and Conditions, will not exceed the amount paid by you directly as membership fee towards your participation in the Gourmet Club Program.


• This Part XII will survive the termination of the Gourmet Club Program and your participation in the Gourmet Club Program.

• You agree to indemnify, defend and hold Gourmet Club Parties, harmless from and against any and all claims, judgment, deficiencies, damages, liabilities, losses, costs (including reasonable attorneys’ fees) and other expenses that arise directly or indirectly out of or from (a) a breach of these Terms and Conditions, the Website Terms of Use or the Privacy Policy; (b) any allegation that any information or other materials submitted to us infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party; and/or (c) the use of the benefits under the Gourmet Club Program, the website or any related product or service by any Member.

• All decisions by us, where applicable in relation to the Gourmet Club Program, including the benefits offered under the Gourmet Club Program, the conditions of membership, termination of membership, membership accounts on the Gourmet Club App, or closure or withdrawal of benefits are final and binding on all members and applicants.


• All interpretations of the Terms and Conditions are at our sole discretion, where applicable, and our decision will be final and binding. If the English version of these Terms and Conditions conflicts with any other language version, the English version shall prevail.

• The Gourmet Club Program and these Terms and Conditions are governed by the substantive laws of Kenya.

• Any disputes or controversy arising out of or relating to these Terms and Conditions shall be settled by arbitration to be held in Nairobi, Kenya in accordance with the arbitration by a sole arbitrator under the Kenya Law Arbitration as amended, in the English language, and shall be heard and determined by an arbitral tribunal composed of a sole arbitrator appointed by agreement between the parties to the dispute hereto. If the parties fail to reach an agreement with respect to the appointment of an arbitrator within 30 calendar days of any party’s notice to the other party of the existence of a dispute, the parties shall appoint one arbitrator each and the arbitrators appointed by the parties shall appoint a third presiding arbitrator. The decision of the arbitrator(s) shall be final, conclusive and binding on the parties. Notwithstanding the foregoing, however, nothing contained herein shall be deemed to prevent either party from seeking and obtaining injunctive and equitable relief from any court of competent jurisdiction without the posting of any bond or other security.


• Subject to the above, each of the Parties submits to the exclusive jurisdiction of the courts at Nairobi, Kenya.
  

• All members may request assistance from the dedicated program contact centre. The operating hours for the program contact centre are from Monday to Friday 9 AM to 6 PM except on public holidays. Members may also direct any queries regarding the Gourmet Club Program by telephone at +254788880011/22 or by e-mail at contactus@gourmetclub.co.ke . The Gourmet Club App also supports chat and voice options.