These standard Terms and Conditions (the “Standard Terms and Conditions”) together with the other provisions of the Membership Agreement govern the relationship between the Members and ICONIK and are intended to protect the interest of the Member and ICONIK. These Standard Terms and Conditions apply to all Members, and it is the Members’ responsibility to read and understand all the provisions of these Standard Terms and Conditions. 
These Standard Terms and Conditions constitute a legally binding agreement made between the Member (hereafter referred to as “You” or “Your” or “Members”) and Iconik Loyalty Card Services L.L.C (hereafter referred to as “ICONIK”, “We,” “Us”, “Our” or the “Company”), concerning Your access to and Your use of the Membership, the Website, any Membership Privileges as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (hereafter, collectively referred to as, the “Site”). 
You agree that by accessing the Site and using the Membership Privileges (as defined below), You have read, understood and consented to be bound by all of the Standard Terms and Conditions contained herein. If You do not agree with all of these Standard Terms and Conditions, then You are expressly prohibited from using the Site and/or the Membership Privileges due to being a Member of the Loyalty Club and You must discontinue use immediately.
Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in Our sole discretion, to make changes or modifications to these Standard Terms and Conditions at any time and for any reason.

We will alert You about any changes by updating the “Last Updated” date of these Standard Terms and Conditions, and You waive any right to receive any form of specific notice of any and all changes.

If Members require any clarifications or further information, they may contact 800 – iconik (426645). Alternatively, Members can also send an email to members@iconikdubai.com.

1    Definitions and Interpretation
1.1    The following terms shall have the following meanings:
1.1.1    “Accommodation Unit” means the accommodation unit in Dubai from the IconiK Collection that is availed to a Member based on his Membership Tier for their stay according to the Membership Agreement and these Standard Terms and Conditions;

1.1.2    “iconiK Collection” means a range of accommodations across the locations in Dubai;
1.1.3    “iconiK Lifestyle” means 24/7 concierge services and dedicated lifestyle managers team;
1.1.4    “Loyalty Club” means the Iconik Loyalty Membership Club that has been created by ICONIK;
1.1.5    “Loyalty Points” means the points which are given to a Member from time to time by the Company. This can be used by a Member to, inter alia, access bespoke discounts on goods, services, and experiences (subject to availability);
1.1.6    “Membership Agreement” means the Agreement entered into between ICONIK and the Member;
1.1.7    “Member” means a person who has entered into a Membership Agreement and agreed to be a member of the Loyalty Club and “Membership” shall be construed accordingly;
1.1.8    “Membership Privileges” means the right to reserve an Accommodation Unit for stay and other exclusive amenities, benefits and/or bespoke services accessible by a Member depending on his Membership Tier and may include iconiK Lifestyle and/or other services offered by third party service providers. Further details are provided in paragraph 2.2;
1.1.9    “Membership Tier” means in relation to each Member, the Membership Tier of the Loyalty Club that the respective Member has purchased under the Membership Agreement; 
1.1.10    “Membership Year” or “Year” means the year commencing from the date of activation of Membership and ending twelve months thereafter, and recurring every year during the Term;
1.1.11    “Term” means the period commencing from the date of the Membership Agreement and ending on the date the Membership is terminated in accordance with the terms of the Membership Agreement or these Standard Terms and Conditions;
1.1.12    “Website” refers to iconikdubai.com, a website operated by or on behalf of ICONIK, where a Member can access details of the Loyalty Club and login to the dedicated Member’s experience portal (“Member’s Experience Portal”).

2    Membership to Loyalty Club
2.1    The current available Membership Tiers are Rising Star, Super Star, Icon and Limited Edition and the Membership Privileges offered depend on the Membership Tier.
2.2    A Member of the Loyalty Club is currently entitled to the Membership Privileges set out in the following based on the Member’s Membership Tier. All Membership Privileges (except for the right to stay in an Accommodation Unit) associated with a Membership Tier are subject to change at the sole discretion of ICONIK.

MEMBERSHIP PRIVILEGES    RISING STAR    SUPER STAR    ICON    LIMITED EDITION
               Premium    Basic
(a)        Complimentary stay in an Accommodation Unit for up to 7 consecutive nights per year    Yes    Yes    Yes    Yes
(b)        Bookings available (subject to making booking request at least 30 days prior to commencement of desired occupancy dates and also subject to availability).
   During 4 months of the year: May, September, October, November    All year-round excluding January and December    All year-round    Period agreed in the Membership Agreement 
(c)        Access to iconiK Member’s Experience Portal (Privileges available only in the locations indicated on the Portal; these Privileges are not complimentary, but are available at reduced rates)    Yes    Yes    Yes    Yes
(d)        iconiK Lifestyle – Complimentary access to iconiK Concierge services and iconiK Lifestyle services (in Dubai only during Member’s stay in an Accommodation Unit in Dubai)    Yes    Yes    Yes    Yes
(e)        Loyalty Points - Complimentary iKoins to spend on Dezerved platform (on a yearly basis)    5,000    10,000    15,000    10,000    No
(f)        Loyalty Points - Complimentary iKoins to spend on iconiK Worldwide (on a yearly basis)    5,000    10,000    15,000    10,000    No
(g)        Complimentary Marhaba (or equivalent) meet & greet services upon arrival at Dubai Airport, plus complimentary access to Marhaba (or equivalent) Lounge upon departure from Dubai Airport    In first year only (once)    In first two years only (once per year)    In first three years only (once per year)    In first two years only (once per year)    No
(h)        Complimentary Dubai airport pick up and drop off    Yes    Yes    Yes    Yes

 
Note: 
1. Membership Privileges stated at paragraphs (a) and (h) above shall be available for the number of persons, as indicated in clause 5.1 hereof, staying in an Accommodation Unit in Dubai.
2. Membership Privilege stated at paragraph (g) above shall be available for maximum 04 persons (02 adults plus 02 Children under the age of 12 years) staying in an Accommodation Unit in Dubai; any additional requirement by the Member, for up to the number of persons qualified to stay in an Accommodation Unit in Dubai as indicated in clause 5.1 hereof, would be available at a discounted price.
3. Membership Privileges stated in paragraphs (a), (b), (g) and (h), if unused by the Member in any year of Membership, may be carried forward to the following year only upon payment by the Member of a “carry-forward” fee to be determined at the time of Member’s request to carry forward these Privileges. In any case, the said unused Privileges shall not be carried forward for more than one year after the year in which these are due.

2.3    ICONIK reserves the right to amend, update, upgrade, add, change or delete any aspect of the Membership at any time, including these Standard Terms and Conditions, Membership Tiers, eligibility criteria, Membership Fees, Membership Privileges and promotional offers, even if such changes may affect the value of the rewards or Privileges already collected by the Member provided that any such changes will not impact the Member’s right to stay in an Accommodation Unit. It is the responsibility of each Member to remain aware of any such amendments, updates, or changes. ICONIK will publish the latest Standard Terms and Conditions on the Website. If a Member requires clarification on the Standard Terms and Conditions, he/she should contact members@iconikdubai.com.

2.4    ICONIK accepts no responsibility or liability for the withdrawal of any specific Accommodation Unit from being available to the Members, even though such withdrawal may affect any benefit available to Members provided that the Members right to occupy an Accommodation Unit shall not be impacted and the Accommodation Unit shall be equivalent to those in the iconiK Collection. 
2.5    ICONIK will endeavour to advise Members on matters of interest, including notifying them of changes to the Membership, the Loyalty Club, and the Membership Privileges. However, ICONIK, its shareholders, agents, affiliates, directors, employees, nominees, and/or representatives will not be responsible or liable for incorrect or inaccurate transcription of Member contact information, for problems related to any of the equipment or programming associated with or utilised by the Member, for any human error, for any interruption, deletion, omission, defect or line failure of any telephone network or electronic transmission, for problems relating to computer equipment, software, inability to access any website or online service, for any other technical or non-technical error or malfunction, for lost, late, stolen, illegible, incomplete, garbled, misdirected, mutilated or postage due mail or other delivery services or e-mail for whatever reason. Without prejudice to paragraph 2.4 above, ICONIK, its shareholders, agents, affiliates, directors, employees, nominees, and/or representatives are not liable for and reserve the right to correct any errors in pricing, typing or description relating to any aspect of the Loyalty Club.
2.6    Any correspondence sent to a Member by electronic mail is based on the contact information provided by the Member. All Members are responsible for immediately notifying ICONIK of any changes in their contact details by emailing members@iconikdubai.com. Members can also update their profile details via their user accounts on the Website or mobile application. ICONIK must be immediately notified, by emailing members@iconikdubai.com, of any change to Member’s name and any other change to the legal information to the Member and the Member shall be required to provide sufficient evidence confirming any such changes. ICONIK reserves the right to request for evidence of such change to be provided by the Member.
2.7    Access to the Loyalty Club, (including any Membership Privileges given to Members) is provided to the extent permissible by any applicable law without any warranties or guarantees, including implied warranties of satisfactory quality or fitness for a particular purpose. To the extent permissible by any applicable law, ICONIK excludes all liability and responsibility for itself and its affiliates, partners and agents for loss or damage of whatever nature (including but not limited to loss of profits or anticipated savings, wasted expenditure or attorney’s fees) arising from or in connection with a Member’s participation in the Loyalty Club. The Membership Privileges are provided by independent third parties and as such, the Members expressly acknowledge and agree that ICONIK (or its shareholders, agents, affiliates, directors, employees, nominees, and/or representatives) shall not be liable or responsible for any defects, limitations, issues (in quality or otherwise), other loss or damage arising from the use of the Membership Privileges by the Members.

3    Terms of Membership 
3.1    To apply for the Loyalty Club Membership, the Membership Agreement must be signed and submitted to ICONIK (or its representatives).
3.2    All information required for completing the Membership Agreement and for ICONIK’s Know-Your-Client (KYC) procedures must be supplied accurately and in full, or ICONIK may reject any application if the required information is not supplied accurately and in full.
3.3    After the Member is successfully enrolled into the Loyalty Club, the Member will receive the following:
3.3.1    a welcome email and/or text message; and
3.3.2    a membership card, upon the Member’s first stay at an Accommodation Unit.
3.4    The Membership is non-transferable and other than as provided in these Terms and Conditions may only be used by the Member whose name it is under. The Member’s account within the Website can only be used by the relevant Member. It is the sole responsibility of the Member to ensure that no person obtains unauthorised access to the Member’s Membership Account on the Website. The Member is solely responsible for any activity linked to their Membership. Each Membership has an exclusive membership number assigned to it.
3.5    The Member has the right to forego his annual eligibility for accommodations under the Membership Agreement and, instead, reserve an Accommodation Unit for use by his relatives, friends, or acquaintances. However, this will be the Member’s sole endeavour and ICONIK will not render any assistance in this matter except to facilitate acceptance of the Member’s eligible reservations request under this Agreement; in any case, the Member’s guests will be subject to all the terms and conditions of this Agreement and the Member shall be responsible and liable for all his guests’ actions while utilizing this facility under this clause. Further, during the lifetime of the Member (upon written request by the Member in this case) or upon the death of a Member (automatically in this event), the Member’s Membership shall be transferred to the Member’s nominee as identified in the form filled in by the Member on the Member’s Experience Portal. The Member’s nominee (“Nominee”) shall be entitled to use the Membership during his lifetime (in accordance with the terms and conditions of the Membership Agreement and subject to payment, from time to time, of all applicable dues) but the Nominee shall not be entitled to transfer the Membership to any other person.
3.6    Member or their relatives, friends, or acquaintances may be required to provide proof of identification at the time of booking stay in an Accommodation Unit and/or at such other times as requested by ICONIK or its representatives. If sufficient proof of identity is not provided upon request, ICONIK reserves the right to refuse to provide any Membership related services to that Member or the Member’s relatives, friends, or acquaintances.
3.7    Membership is available only to individuals, not to companies, partnerships, associations, tour operators, tour companies, travel agents, groups, or other  entities.
3.8    Members must be twenty-one (21) years of age or over.
3.9    The Loyalty Club Membership Entry Fee and other fees including the Annual Membership Fee for the respective Accommodation Unit are as provided in the Membership Agreement. 
3.10    Any damage incurred at the Accommodation Unit during a Member’s stay, and / or during the Member’s guests / nominees stay under clause 3.5 hereof, is the responsibility of the Member, and the Member hereby accepts such liability.
3.11    Loyalty Points will be issued to a Member in accordance with the terms of the Membership Agreement and based on the Member’s chosen Membership Tier. The Loyalty Club does not have a mechanism for earning Loyalty Points by: (a) booking and staying in Accommodation Units; (b) using any Membership Privileges; or (c) any other means. Additional Loyalty Points may be issued by ICONIK, from time to time, in its sole discretion. 
3.12    The Member has the right to redeem the Loyalty Points to book Membership Privileges (except Accommodation Units) for use by the Member’s relatives, friends, or acquaintances. However, the Loyalty Points cannot be redeemed for cash in any manner whatsoever (including for example, payment of a Member’s Annual Membership Fee) and the sale or barter of Loyalty Points or the Membership Privileges by a Member is prohibited.
3.13    Failure to meet any obligations under these Standard Terms and Conditions will result in the Member being barred from redeeming any Membership Privileges, access and booking of the Accommodation Units and the Member waives any and all rights, claims or demands it may have against ICONIK (or its affiliates) in relation to the redemption of any Membership Privileges or booking of the Accommodation Units or otherwise. Upon the default being rectified by the Member (the sufficiency of the rectification is to be determined by ICONIK in its sole discretion), the Member may be re-granted access.
3.14    ICONIK reserves the right to change the amount of the Annual Membership Fee payable by a Member by sending a notification (by email, WhatsApp or SMS) to the Member.
3.15    The Member shall be liable to pay any and all taxes (including VAT, withholding tax, etc.) that are payable (by ICONIK or their nominees or the Member) in relation to Membership Entry Fee, Annual Membership Fee or any other payments payable by the Member under the Membership Agreement or these Standard Terms and Conditions.
3.16    The Member will need to pay a fee of UAE Dirhams 250 for issuance of a replacement membership card.

4    Term and Termination of Membership
4.1    Unless suspended or terminated in accordance with the provisions of these Standard Terms and Conditions, the Membership to the Loyalty Club will run for the Term. 
4.2    ICONIK reserves the right to suspend or terminate the Membership of any Member, if the Member appears to be using their Membership in a manner inconsistent with the Membership Agreement, these Standard Terms and Conditions or intent of the Loyalty Club or any portion of the Membership, including improper use of Membership Privileges. ICONIK also reserves the right to terminate the Membership of any Member if, in the sole discretion of ICONIK, the Member has:
4.2.1    acted in a manner inconsistent with local or federal laws or regulations or international laws;
4.2.2    breached or violated any of the provisions of these Standard Terms and Conditions;
4.2.3    engaged in abusive, fraudulent, disruptive, dishonest behaviour, inappropriate, theft, wrongdoing, offensive, or hostile conduct, whether it be physical, verbal or written in nature, towards any ICONIK employee or guest or in connection with the Membership; and
4.2.4    failed to pay any bills or accounts due to ICONIK in relation to the Membership (including instalments of Membership Entry Fee, the Annual Membership Fee and costs for any damages caused to an Accommodation Unit).
4.3    Failure to Pay
4.3.1    If a Member fails to pay any amounts due to ICONIK and / or their nominees in relation to the Membership (including, but not limited to, Membership Entry Fee instalments, the Annual Membership Fee and costs for any damages caused to an Accommodation Unit), then ICONIK shall have the right to immediately suspend the Membership and notify the Member of such suspension (“Suspension Notice”). Suspension of the Membership will result in the loss of access to the Membership Privileges, use of Loyalty Points and to book and/or stay in an Accommodation Unit. 
4.3.2    A Member shall have a period of 30 (thirty) days from the date on which the Suspension Notice has been issued by ICONIK to remedy the breach referred to in paragraph 4.4.1 and pay all outstanding amounts to ICONIK (“Notice Period”) including those amounts which are due to ICONIK during the Notice Period. 
4.3.3    If by the expiry of the Notice Period, a Member has not remedied the breach referred to in paragraph 4.3.1, then ICONIK shall have the right to terminate the Membership and the Membership Agreement immediately without any further notice to the Member.
4.3.4    Termination of the Membership will result in the loss or cancellation of all accumulated Loyalty Points, the loss of any associated Membership Tier status, loss of access to the Membership Privileges, loss of the ability to book and/or stay in an Accommodation Unit and loss of any and all amounts paid by the Member to ICONIK and / or their nominees. In addition to the termination of such Membership, ICONIK shall have the right to take appropriate administrative and/or legal action as it deems fit against the Member, including, without limitation, legal proceedings and the Member agrees to indemnify and hold ICONIK and its officers, directors, employees, nominees and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys' fees) arising out of or in connection with: (i) any administrative and/or legal action taken against the Member; (ii) the loss of any Loyalty Points and Membership Privileges; (iii) Member’s breach or violation of any of the Standard Terms and Conditions or Membership Agreement; or (iv) Your violation of the rights of any third party, including third party providers and other Members.

5    Accommodation Units
5.1 In relation to use of Accommodation Units, there are certain occupancy limits which the person occupying the Accommodation Unit must comply with. The occupancy limits that are currently applicable are as follows:
S/N    Accommodation Unit Type    Maximum Occupancy Limit
1.        1 Bedroom Unit     2 adults and 2 children under the age of 12 years
2.        2 Bedroom Unit     4 adults and 2 children under the age of 12 years
3.        3 Bedroom Unit     6 adults and 2 children under the age of 12 years

 
6    Customer Service Support
6.1    When a Member calls the Loyalty Club customer care, for security reasons, the customer care agent will have to request personal information to verify the Member’s identity.
6.2    The Loyalty Club customer care agent will only deal with the Member regarding any queries relating to the Member’s account and not with any other third-party.

7    Member’s Agreement to use of their information by ICONIK
7.1    ICONIK processes all personal information in accordance with ICONIK’s privacy policy (https://www.iconikdubai.com/privacy-policy) ("Privacy Policy").

7.2    In addition, ICONIK may collect additional personal information from its applicants or Members. ICONIK may also use and share applicants'/ Members’ personal information in the ways described below, in addition to what is described in the Privacy Policy. These Standard Terms and Conditions supplement the Privacy Policy with respect to ICONIK’s processing of the personal information of its Members. If applicants do not agree to these terms, they must elect not to join the Loyalty Club.
7.3    Additionally, personal information collected will include information that applicants or Members provide when they enrol in the Loyalty Club or manage their profile online. During enrolment, ICONIK requires applicants to provide their name, mobile number, e-mail address and other personal information.
7.4    In addition to the uses and sharing described in the Privacy Policy, ICONIK may use and share relevant portions of Members' personal information in order to administer the Loyalty Club. This may include sharing personal information with ICONIK’s partners in order to provide Members with access to the Membership Privileges.

7.5    By enrolling, Members also consent to the transfer of information to countries where ICONIK or its partners’ information processing facilities and business operations are located where data protection laws may differ from those of the Member’s home country and / or the UAE.

 

 

7.6    To ensure that Members' personal information is accurate and up-to-date, ICONIK may also share Member information with a third party for the purpose of updating and enhancing the quality and content of the information it maintains.
7.7    Members may receive additional communications including ICONIK account statements, offers specifically for Members and co-branded messages from ICONIK’s partners.
7.8    ICONIK may modify these Standard Terms and Conditions from time to time by posting the revised Standard Terms and Conditions on the Website. ICONIK may also modify the Privacy Policy from time to time as described in the Privacy Policy. Members’ continued participation in the Loyalty Club following the posting of changes to these Standard Terms and Conditions or to the Privacy Policy, will indicate the acceptance of the changes.

8    AML Obligations
8.1    Members agree to comply with applicable legislation and regulations against money laundering and terrorist financing (the “anti-money laundering laws”). Further, Members agree to provide such evidence of their identity and/or other relevant information both at the outset of and throughout Our relationship with You as we may reasonably require in order to comply with our obligations under anti-money laundering laws. We reserve the right to suspend Your Membership if You fail to provide such evidence or information promptly.

8.2    As part of Our compliance with the anti-money laundering laws, we monitor lists identifying those individuals and entities who are the targets of various national and international financial sanctions regimes (“Restricted Persons”). If You or an individual connected with You becomes a Restricted Person during the Term, We may suspend or terminate Your Membership.

9    General 
9.1    Interpretation of these Standard Terms and Conditions will be at the sole discretion of ICONIK.
9.2    If any provision of the Standard Terms and Conditions is deemed unlawful, void or for any other reason unenforceable, then that provision shall be deemed severed from the Standard Terms and Conditions and shall not affect the validity and enforceability of any other provisions.
9.3    ICONIK’s failure to exercise or enforce any rights or provisions of the Standard Terms and Conditions will not constitute a waiver of such rights or provisions.
9.4    Nothing in the Standard Terms and Conditions shall create a contractual relationship with, or cause of action in favour of, any third party (other than any agents, affiliates, directors, employees, nominees or representatives of ICONIK). Any rights of any third party (other than any agents, affiliates, directors, employees, nominees or representatives of ICONIK) to enforce the Standard Terms and Conditions under any applicable legal principle, statute or otherwise are excluded.
9.5    General words shall not be given a restrictive interpretation by reason of their being preceded or followed by words indicating a particular class of assets, matters or things.
9.6    The language of the Standard Terms and Conditions shall be English and all communications relating thereto (including but not limited to any complaints or disputes) shall be conducted in the English language.
9.7    Each Member acknowledges that it is not relying on any representation, warranty or other statement relating to the Loyalty Club which is not set out in the Membership Agreement or these Standard Terms and Conditions. Members shall not be entitled to any remedies in respect of any representation, warranty, or other statement (other than those set out in the Membership Agreement or these Standard Terms and Conditions) being false, inaccurate, or incomplete unless it was made fraudulently.
9.8    This Agreement and all rights and obligations of the parties shall be governed and construed in accordance with the laws of the Emirate of Dubai and the laws of the UAE as applicable in the Emirate of Dubai. Any dispute, difference, controversy or claim arising out of or in connection with this contract, including (but not limited to) any question regarding its existence, validity, interpretation, performance, discharge and applicable remedies, shall be subject to the exclusive jurisdiction of the Courts of Dubai.