MEMBERSHIP AGREEMENT
Membership Agreement
Super Offers Club Privilege Card : Terms of Use (“Agreement” or “Membership Agreement”)
(Last updated March 01, 2019)
1. Acceptance of Terms of Use
By accessing, browsing, and/or using the website : https://www.superoffersclub.com, you accept and agree to be bound to this Agreement. In addition, by signing up for free membership or by purchasing Super Offers Club Privilege Card (“Card”) membership (“Membership” or “Card Membership”), you are agreeing to the following specific terms and conditions of this Agreement. You understand that Citizen Multi Services, located at B-20/89/1A, The Mall Road, Hoshiarpur – 146001, and its subsidiaries and affiliates and partners (collectively, “CMS”) make available to members (“Member(s)”) of this program certain online information and services. By signing up for or purchasing Membership, submitting your information or using the Card, you are indicating that you are eighteen (18) years old or older, that you are a resident of India whose Membership has not been previously suspended, and you agree to be bound by this Agreement.
You acknowledge that this Agreement may be modified at any time by CMS. Any changes to this Agreement will appear on https://www.superoffersclub.com (the “Website”). It is your responsibility to refer to the Agreement prior to using the Card. You will be deemed to have accepted any change to this Agreement if you continue to use the Card after that change has been posted on the Website.
2. Card Membership
Membership is available at two tiers: Free and Privileged. Free Membership is available to anyone who meets the conditions set forth in Section 2.1 of this Agreement. Privileged Membership is available to anyone who meets the conditions set forth in Section 2.1 of this Agreement and who has paid a specified fee (“Membership Card Fee”). A physical Card will only be provided to the Privileged Members. Membership provides members with access to certain savings, discounts, benefits, products, and/or services offered by participating Vendors (“Vendor(s)”) online and/or at participating vendor locations as specified on https://www.superoffersclub.com (the “Website”). Privileged Members will have access to certain other exclusive savings, discounts, benefits, products, and/or services offered by participating Vendors online and or at participating Vendor locations as specified on the Website. Notwithstanding the Membership tier, all services shall be collectively referred to as “Service(s))”. Each Service offered by each Vendor shall be available to Members for the period of time indicated for the respective Service, as advertised on the Website.
Notwithstanding any of the foregoing, Membership entitles Members to Services, but not to use of any Vendor’s accommodations or facilities.
2.1. Eligibility
Persons who are eighteen (18) years old or older are eligible for Membership. If you are under 18 years old, you must receive consent from your parent or guardian to be eligible. CMS reserves the right to limit the availability of any Cards to specific channels.
2.2 Term of Membership
Your Card Membership starts on the date that you register for Card Membership and/or submit the Membership Fee via a current, valid, accepted method of payment (as such may be updated from time to time, “Payment Method”). Free Membership shall continue in perpetuity unless Membership is terminated pursuant to the terms set forth in Section 2.2.1 of this Agreement (“Term”). Privileged Membership shall expire one (1) year after the applicable Card Membership commencement date. Privileged Members will be issued a new Card upon the commencement of the Term. At least fifteen (15) days prior to the expiration of the Term, Privileged Members will be given the option to renew.
2.2.1 Termination
Termination by You. You may terminate your Membership or Card Membership at any time by logging into your account and navigating to the ‘My Account’ page where you will find a cancellation link next to your membership level. As per the terms of Section 3.4 below, all Membership Fees paid within the Term will be non-refundable. If you terminate your Privileged Membership, there is a reactivation fee if you want to become a Privileged Member again in future months.
Termination by CMS. CMS, in its sole discretion and for any or no reason, may terminate your Membership or use of the Website and remove and discard all or any part of your account or any content uploaded by you at any time. CMS may also in its sole discretion and at any time discontinue providing access to the Website, or any part thereof, with or without notice. You agree that any termination of your access to the Website or any account you may have or portion thereof may be effected without prior notice, and you agree that CMS will not be liable to you or any third party for any such termination. CMS does not allow copyright infringing activities on the Website and reserves the right to terminate access to the Website and remove all content submitted by any persons who are found to be repeat infringers. Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your use of the Site may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies CMS may have at law or in equity.
3. Billing
3.1 Membership Card Fee
CMS has the sole discretion to revise the Membership Card Fee from time to time.
3.2 Recurring Billing
Upon starting your Privileged Membership, you authorize CMS to charge you a Membership Card Fee at the then current rate.
3.3 Billing Cycle
When you sign up and purchase your Privileged Membership Card, you will be billed immediately. CMS reserves the right to change the timing of its billing, in particular, as indicated below, if your Payment Method has not successfully settled.
3.4 No Refunds
PAYMENTS ARE NONREFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED PERIODS since you will continue to have access to your Card and Services for the duration of the Term. At any time, and for any reason, CMS may provide a refund, discount, or other consideration to some or all Members (“Credits”). The amount and form of such Credits and the decision to provide them are at CMS’s sole and absolute discretion. The provision of Credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate CMS to provide credits in the future, under any circumstance.
3.5 Payment Methods
You may edit your Payment Method information by logging into the Website and navigating to the ‘My Account’ page where you will find a link to update your Payment Method information. If a payment is not successfully settled due to expiration, insufficient funds, or otherwise, and you do not edit your Payment Method information or cancel your account (see Sec. 2.2.1 above), you remain responsible for any uncollected amounts and authorize CMS to continue billing the Payment Method, as it may be updated. This may result in a change to your payment billing dates.
4. Card Use
Your Card is your key to receiving Services. Carry your Card with you at all times. The Card is nontransferable and may only be used by the person whose name is printed on the face of the Card.
4.1 Use of Your Card at Participating Vendor Locations
You must show your Card and picture identification as requested by a particular Vendor in order to receive Services. The Vendor has the right to deny Services if you do not present your Card before payment. The Card cannot be used as a form of payment.
5. Lost or Stolen Cards
Lost Cards are governed by this Membership Agreement. If you are a Privileged Member and your Card is lost or stolen, send an e-mail to superoffersclub@soc.com for intimation. SOC will process the request and after receiving the fee for the card replacement, a replacement card will be sent.
6. Waiver
A provision of this Agreement may be waived only by a written instrument executed by the party entitled to the benefit of such provision. The failure of any party at any time to require performance of any provision of this Agreement will in no manner affect such party’s right at a later time to enforce the same. A waiver of any breach of any provisions of this Agreement will not be construed as a continuing waiver of other breaches of the same or other provisions of this Agreement.
7. Indemnification
You agree to defend, indemnify and hold CMS, its affiliated and related entities, and any of its officers, directors, agents and employees, harmless from and against any claims, lawsuits, investigations, penalties, damages, losses or expenses (including but not limited to attorney’s fees and costs) arising out of or relating to any of the following: (a) any breach or alleged breach by you of this Agreement or the representations and warranties stated in this Agreement; (b) any claim for sales or use tax obligations (“Taxes”) arising from the sale and subsequent redemption of a Service; (c) any claim by any local, state, central, or international governmental entity for unredeemed Service or unredeemed cash values of Services or any other amounts under any applicable abandoned or unclaimed property or escheat law, including but not limited to any claims for penalties and interest; or (d) any claim arising out of or relating to the Services provided by Vendors, including but not limited to, any claims for false advertising, product defects, personal injury, death, or property damages.
8. Disclaimer of CMS Warranties
SERVICES OFFERED VIA THE WEBSITE ARE OFFERED AND PROVIDED BY VENDOR AND/OR OTHER THIRD PARTIES, NOT CMS. YOU AGREE THAT ANY VISITS YOU MAKE TO VENDOR’S PLACE OF BUSINESS TO REDEEM SERVICES SHALL BE MADE AT YOUR OWN RISK. IN NO EVENT SHALL CMS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, DAMAGE, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER BASED IN CONTRACT, TORT, OR OTHERWISE, WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH YOUR ATTENDANCE OR RECEIPT OF A SERVICE OR APPOINTMENT ADVERTISED ON THE WEBSITE, OR THE PERFORMANCE OR NON-PERFORMANCE OF VENDOR OR ANY OTHER THIRD PARTY IN CONNECTION WITH THE SERVICES. IN ADDITION, YOU SPECIFICALLY UNDERSTAND AND AGREE THAT ANY THIRD PARTY DIRECTING YOU TO THE WEBSITE BY REFERRAL, LINK OR ANY OTHER MEANS IS NOT LIABLE TO YOU FOR ANY REASON WHATSOVER, INCLUDING BUT NOT LIMITED TO DAMAGES OR LOSS ASSOCIATED WITH THE USE OF THE SERVICES, THE WEBSITE, OR ANY CONTENT ON THE WEBSITE. CMS IS NEITHER AN AGENT OF NOR IS CONNECTED WITH ANY VENDOR WITH WHICH YOU HAVE MADE A RESERVATION, OTHER THAN AS THE PROMOTER OF THE SERVICES PROVIDED ON THE WEBSITE. WITHOUT LIMITING ANYTHING HEREIN, CMS DISCLAIMS ALL WARRANTIES, WHETHER STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, RELATED TO ANY SERVICES OR OTHER ACTIVITIES OFFERED VIA THE WEBSITE.
UNLESS OTHERWISE EXPRESSLY STATED BY CMS, CMS, ITS SUPPLIERS, AFFILIATES AND PARTNERS DO NOT WARRANT OR MAKE ANY REPRESENTATIONS (1) THAT THE WEBSITE AND ANY DOWNLOADABLE SOFTWARE, CONTENT, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUCTION WITH OR THROUGH THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE AND ANY DOWNLOADABLE SOFTWARE, CONTENT, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE WEBSITE OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR (2) REGARDING THE USE OF THE WEBSITE AND ANY DOWNLOADABLE SOFTWARE, CONTENT, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE WEBSITE IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIALS OR DATA THROUGH THE USE OF THE WEBSITE AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA.
WHEREEVER GOVERNMENRT LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
9. Limitation of Liability and Damages
IN NO EVENT SHALL CMS BE LIABLE OR OBLIGATED TO YOU OR ANY THIRD PARTY IN ANY MANNER FOR ANY SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL, PUNITIVE, OR INDIRECT DAMAGES OF ANY KIND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT PRODUCT LIABILITY, OR OTHERWISE, EVEN IF INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGES IN ADVANCE. CMS’S SOLE AND COMPLETE LIABILITY TO YOU FOR ANY CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT OR ANY ERRORS, OMISSIONS OR MISPLACEMENTS OF SERVICES SHALL BE LIMITED TO THE AMOUNT OF OPPORTUNITY FEES PAID HEREUNDER. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, CMS’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
IN NO EVENT WILL CMS OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS OR SUPPLIERS HAVE ANY LIABILITY TO YOU FOR DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR USE OF THE WEBSITE (WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE, WARRANTY, OR OTHERWISE).
10. Vendor Disputes
CMS is not responsible if a Vendor changes its discount due to new ownership or acquisition. If you have a dispute with a Vendor to report, CMS will take commercially reasonable efforts to resolve the dispute on your behalf. CMS’s efforts to solve the dispute shall not constitute or be construed as accepting any responsibility or liability pertaining to the dispute.
You may report disputes with Vendors by contacting the Member Services department. Reports must be submitted and mailed and/or e-mailed in written form with the following information: Vendor name, Vendor address, date of purchase and/or date of Service, discount denied, and purchase and/or Service information.
11. Governing Law; Arbitration
This Agreement shall be governed by the laws of India, without giving effect to any principles that may provide for the application of the laws of another jurisdiction. Any disputes, controversies, or claims in connection with or arising out of this Agreement, its negotiation, breach, existence, validity or termination, shall be referred to and finally determined by arbitration in Hoshiarpur, Punjab. The award rendered by the arbitrator shall be final and binding on all parties, and judgment upon the reward rendered by the arbitrator may be entered in any court of competent jurisdiction. By using the Website or the Services, you consent and submit to the exclusive jurisdiction of courts located in Hoshiarpir, Punjab.
12. E-mail Policy and Communication Preferences
By registering online, Members opt-in to receive Card Membership e-mail updates. CMS uses these e-mail updates to notify Members of additional
savings, special offers, site upgrades, new features, events, promotions and more. You have the option to e-mail us to opt out from receiving these
e-mails using the link at the bottom of any promotional e-mail you may receive.
CMS reserves the right to e-mail you with information essential to your participation in the Card Membership program (for example, information on lost passwords, Card shipment information and Card expiration/renewal notices). You will not have the option to opt-out of e-mails of this nature.
13. Contacting Member Services:
You may contact Member Services online by e-mailing at superoffersclub@soc.com.
Or by mail at:
Citizen Multi Services, B-20/89/1A, The Mall Road, Hoshiarpur – 146001.
14. Changes to Offers or Vendors
Offers made available through the Card Membership program may change from time to time. CMS reserves the right in its sole discretion to change the offers and/or participating Vendors at any time. In addition, Vendors may elect to change offers from time to time. CMS will make commercially reasonable efforts to make appropriate updates to the Website to reflect offer and/or Vendor changes. For a listing of current offers, Members should visit the Website. If you become aware of a discontinued offer listed, please notify CMS by sending an e-mail to superoffersclub@soc.com . CMS undertakes no obligation to provide a replacement or substitute offer for any offer discontinued.
15. Privacy
By using the Card you acknowledge that any information we receive from or about you through your Membership or Card Membership will be treated according to our Privacy Policy, which is hereby incorporated into this Agreement by reference. Please read the Privacy Policy carefully for information relating to CMS’s collection, use, and disclosure of your personal information.
16. Miscellaneous
16.1 Assignment
You may not assign or transfer your rights or obligations under this Agreement, whether by operation of law or otherwise, without CMS’s prior written consent.
16.2 Claims; Statute of Limitations
YOU AND CMS AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THIS AGREEMENT OR ANY ERROR OR OMISSION ADVERTISED ON THE WEBSITE MUST COMMENCE WITHIN 30 DAYS AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, THE CLAIM SHALL BE DEEMED WAIVED BY YOU.
16.3 Headings
The heading references herein are for convenience purposes only, do not constitute a part of this Agreement, and will not be deemed to limit or affect any of the provisions hereof.
16.4 Severability
If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision will not be deemed to limit or affect any of the provisions hereof.
16.5 Entire Agreement
This agreement constitutes the entire agreement between the parties relating to its subject matter and supersedes all prior or contemporaneous oral or written agreements concerning such subject matter. This Agreement may be amended or modified only by mutual agreement of authorized representatives of the parties in writing.