END USER LICENSE AGREEMENT
Last Modified: 22 November 2018
This End User License Agreement (this “Agreement“) is a binding agreement between you, as an individual or entity (“End User” or “you“), and the MOONSHINE group of companies, its subsidiaries and affiliates (collectively, the “Company,” “we” or “our“).
This Agreement governs your use of this mobile application for Android, iOS (collectively, including all related documentation, the “Application“). The Application is licensed, not sold, to you. “Moonshine FZ LLC-” also maintains the www.moonshine.ae Website (“Site”). United Arab of Emirates is our country of domicile and stipulate that the governing law is the local law.
By downloading, installing or using the application, you (a) acknowledge that you have read and understand this agreement; (b) represent that you are of legal age to enter into a binding agreement; and (c) accept this agreement and agree that you are legally bound by its terms. If you do not agree to these terms, do not download, install or use the application and delete it from your device.
- License Grant. Subject to the terms of this Agreement, the Company grants you a limited, non-exclusive and non-transferable license to:
(a) download, install and use the Application for your personal, non-commercial use on a single mobile device owned or otherwise controlled by you (“Mobile Device“) strictly in accordance with the Application’s documentation; and (b) access, download and use on such Mobile Device the Content and Services (as defined in Section 5) made available in or otherwise accessible through the Application, strictly in accordance with this Agreement applicable to such Content and Services as set forth in Section 5.
- License Restrictions. Licensee shall not: (a) copy the Application, except as expressly permitted by this license; (b) modify, translate, adapt or otherwise create derivative works or improvements, whether or not patentable, of the Application; (c) reverse engineer, disassemble, decompile, decode or otherwise attempt to derive or gain access to the source code of the Application or any part thereof; (d) remove, delete, alter or obscure any copyright, trademark, patent or other intellectual property or proprietary rights notices from the Application, including any copy thereof; (e) rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer or otherwise make available the Application or any features or functionality of the Application, to any third party for any reason, including by making the Application available on a network where it is capable of being accessed by more than one device at any time; or (f) remove, disable, circumvent or otherwise create or implement any workaround to any copy protection, rights management or security features in or protecting the Application. User is responsible for maintaining the confidentiality of his account
- Reservation of Rights. You acknowledge and agree that the Application is provided under license, and not sold, to you. You do not acquire any ownership interest in the Application under this Agreement, or any other rights thereto other than to use the Application in accordance with the license granted, and subject to all terms, conditions and restrictions, under this Agreement. The Company reserves and shall retain its entire right, title and interest in and to the Application, including all copyrights, trademarks and other intellectual property rights therein or relating thereto, except as expressly granted to you in this Agreement.
5A. Restricted Section
You acknowledge that the Application may include, refer to, or contain content, features, products or services which make reference to alcohol. Such parts of the Application are intended for the use of only specified persons (“Restricted Section”). The Restricted Section is intended for use by you only if you are of legal age to purchase alcohol in your country of residence and in the country from which you are accessing the Application. If you do not fall within this category, you may be in breach of laws or regulations applicable in your country of residence or in your country of access and you are therefore not permitted to access the Restricted Section. You expressly acknowledge and agree that any use of the Restricted Section in breach of the applicable laws or regulations in your country or residence or in your country of access will be at your sole risk and in no event will the Company or its affiliates, or any of its or their respective licensors or service providers, have any liability arising for or related to such use, whatsoever.
- Membership. The users are able to browse the app without entering the billing details all our subscription packages are optional for users to avail offers and discounts at venue, Your Moonshine membership will continue month-to-month until terminated. To use the Moonshine service you must have Internet access and a Moonshine ready device, and provide us with one or more Payment Methods. “Payment Method” means a current, valid, accepted method of payment, as may be updated from time to time, and which may include payment through your account with a third party.
- Payment Confirmation Once the payment is made, the confirmation notice will be sent to the user via email as a receipt of payment.
- Unless you cancel your membership 48 hours in advance before your monthly billing date, via email, you authorize us to charge your next month’s membership fee to your Payment Method (see “Cancellation” below). We may offer a number of membership plans, including special promotional plans or memberships offered by third parties in conjunction with the provision of their own products and services. We are not responsible for the products and services provided by such third parties. Some membership plans may have differing conditions and limitations, which will be disclosed at your sign-up or in other communications made available to you. You can find specific details regarding your Moonshine membership by clicking on the “Billings” link available in the Moonshine app.
- Free Trials. Free trial eligibility is determined by Moonshine at its sole discretion and we may limit eligibility or duration to prevent free trial abuse. We reserve the right to revoke the free trial and put your account on hold in the event that we determine that you are not eligible. Members of households with an existing or recent Moonshine membership are not eligible. We may use information such as device ID, method of payment or an account email address used with an existing or recent Moonshine membership to determine eligibility. For combinations with other offers, restrictions may apply.
- Billing and Cancellation. The membership fee for the Moonshine service and any other charges you may incur in connection with your use of the service, such as taxes and possible transaction fees, will be charged on a monthly basis to your Payment Method on the calendar day corresponding to the commencement of the paying portion of your membership. In some cases your payment date may change, for example if your Payment Method has not successfully settled or if your paid membership began on a day not contained in a given month. Visit our Moonshine app by selecting the “Billing” link to see your next payment date. We may authorize your Payment Method in anticipation of membership or service-related charges through various methods, including authorizing it up to approximately one month of service as soon as you register. Cardholder must retain a copy of transaction records and Merchant policies and rules
- Payment Methods. To use the Moonshine service you must provide one or more Payment Methods. You can update your Payment Methods by going to the “Billing” link in the app.Visa or MasterCard debit and credit cards in AED will be accepted for payment. We may also update your Payment Methods using information provided by the payment service providers. Following any update, you authorize us to continue to charge the applicable Payment Method(s). You authorize us to charge any Payment Method associated to your account in case your primary Payment Method is declined or no longer available to us for payment of your subscription fee. You remain responsible for any uncollected amounts. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not cancel your account, we may suspend your access to the service until we have successfully charged a valid Payment Method. For some Payment Methods, the issuer may charge you certain fees, such as foreign transaction fees or other fees relating to the processing of your Payment Method. Local tax charges may vary depending on the Payment Method used. Check with your Payment Method service provider for details.
- Cancellation Policy. You can cancel your Moonshine membership by emailing us firstname.lastname@example.org 48 hours before your next cycle, and you will continue to have access to the Moonshine service through the end of your monthly billing period. To cancel, please send us an email email@example.com 48 hours prior to the billing cycle to cancel your membership. If you cancel your membership, your account will automatically close at the end of your current billing period. To see when your account will close, click “Billing” in the app.
- Refund Policy To the extent permitted by the applicable law, payments are non-refundable and we do not provide refunds or credits for any partial-month membership periods or any unused free beverages.
- Changes to the Price and Subscription Plans. We may change our subscription plans and the price of our service from time to time; however, any price changes or changes to our subscription plans will apply to you no earlier than 30 days following notice to you.
- Updates. The Company may from time to time in its sole discretion develop and provide Application updates, which may include upgrades, bug fixes, patches and other error corrections and/or new features (collectively, including related documentation, “Updates“). Updates may also modify or delete in their entirety certain features and functionality. You agree that the Company has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. Based on your Mobile Device settings, when your Mobile Device is connected to the Internet either: (a) the Application will automatically download and install all available Updates; or (b) you may receive notice of or be prompted to download and install available Updates. You shall promptly download and install all Updates and acknowledge and agree that the Application or portions thereof may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of the Application and be subject to all terms and conditions of this Agreement.
- Third Party Materials. The Application may display, include or make available third-party content (including data, information, applications and other products, services and/or materials) or provide links to third-party websites or services, including through third-party advertising (collectively, “Third Party Materials“). You acknowledge and agree that the Company is not responsible for Third Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. The Company does not assume and will not have any liability or responsibility to you or any other person or entity for any Third Party Materials. Third Party Materials and links thereto are provided solely as a convenience to you and you access and use them entirely at your own risk and subject to such third parties’ terms and conditions.
- Term and Termination. (a) The term of the Agreement commences when you download the Application and will continue in effect until terminated by you or the Company as set forth in this Section 8. (b) You may terminate this Agreement by deleting the Application and all copies thereof from your Mobile Device. (c) The Company may terminate this Agreement at any time without notice if it ceases to support the Application, which the Company may do in its sole discretion. In addition, this Agreement will terminate immediately and automatically without any notice if you violate any of the terms and conditions of this Agreement. (d) Upon termination:
- all rights granted to you under this Agreement will also terminate; and
- you must cease all use of the Application and delete all copies of the Application from your Mobile Device and account.
(e) Termination will not limit any of the Company’s rights or remedies at law or in equity.
- Disclaimer of Warranties. The application is provided to licensee “as is” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the company, on its own behalf and on behalf of its affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the application, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the company provides no warranty or undertaking, and makes no representation of any kind that the application will meet your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected. Some jurisdictions do not allow the exclusion of or limitations on implied warranties or the limitations on the applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to you.
- Limitation of liability. To the fullest extent permitted by applicable law, in no event will the company or its affiliates, or any of its or their respective licensors or service providers, have any liability arising from or related to your use of or inability to use the application or the content and services for: (A) personal injury, property damage, lost profits, cost of substitute goods or services, loss of data, loss of goodwill, business interruption, computer failure or malfunction or any other consequential, incidental, indirect, exemplary, special or punitive damages (B) direct damages in amounts that in the aggregate exceed the amount actually paid by you for the application. The foregoing limitations will apply whether such damages arise out of breach of contract, tort (including negligence) or otherwise and regardless of whether such damages were foreseeable or the company was advised of the possibility of such damages. Some jurisdictions do not allow certain limitations of liability so some or all of the above limitations of liability may not apply to you.
- Indemnification. You agree to indemnify, defend and hold harmless the Company and its officers, directors, employees, agents, affiliates, successors and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys’ fees, arising from or relating to your use or misuse of the Application or your breach of this Agreement. Furthermore, you agree that the Company assumes no responsibility for the content you submit or make available through this Application.
- Export Regulation. The Application may be subject to certain export control laws. You shall not, directly or indirectly, export, re-export or release the Application to, or make the Application accessible from, any jurisdiction or country to which export, re-export or release is prohibited by law, rule or regulation. You shall comply with all applicable laws, regulations and rules, and complete all required undertakings (including obtaining any necessary export license or other governmental approval), prior to exporting, re-exporting, releasing or otherwise making the Application available.
- Severability. If any provision of this Agreement is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of this Agreement will continue in full force and effect.
- Governing Law. This Agreement is governed by and construed in accordance with the laws of the Dubai International Financial Centre, without giving effect to any choice or conflict of law provision or rule (whether of the Dubai International Financial Centre or any other jurisdiction). Any legal suit, action or proceeding arising out of or related to this Agreement or the Application shall be instituted exclusively in the courts of the Dubai International Financial Centre, although we retain the right to bring any suit, action or proceeding against you for breach of the Agreement in your jurisdiction of residence or any other relevant jurisdiction. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
- Limitation of Time to File Claims. Any cause of action or claim you may have arising out of or relating to this agreement or the application must be commenced within one (1) year after the cause of action accrues, otherwise, such cause of action or claim is permanently barred.
- Waiver. No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder. In the event of a conflict between this Agreement and any applicable purchase or other terms, the terms of this Agreement shall govern.
If you have any questions about this agreement then please contact firstname.lastname@example.org.