Website Terms of Use

General

• These terms of use of the website offering information and access to the benefits under Gourmet Club (defined below) (the “Website Terms of Use”) govern your relationship with the Gourmet Club website available at https://www.diningprivilege.com/ (the “Gourmet Club Website”). The Gourmet Club Website is operated by TLC DigiTech Pvt. Ltd. and its affiliates, subsidiaries, associates and group companies (“TLC”) on behalf of Gourmet Club and their respective affiliates, subsidiaries, associates and group companies (Gourmet Club) in relation to the Gourmet Club membership program (the “Gourmet Club”).
• Please read the Website Terms of Use carefully before using the Gourmet Club Website. Any submission of information by you on the Gourmet Club Website is subject to TLC’s privacy statement available at https://www.gourmetclub.co.ke/ (the “Privacy Policy”).
• Your access to and use of the Gourmet Club Website is conditioned on your acceptance of and compliance with the Website Terms of Use, the terms and conditions of the Gourmet Club available at https://www.gourmetclub.co.ke/ (the “Terms and Conditions”) and the Privacy Policy
• The Website Terms of Use apply to all visitors, users, members and others who access or use the Gourmet Club Website. By accessing or using the Gourmet Club Website you agree to be bound by the Website Terms of Use, the Terms and Conditions and the Privacy Policy. If you disagree with any part of the Website Terms of Use, the Terms and Conditions or the Privacy Policy, please exit from and discontinue use of the Gourmet Club Website immediately. TLC reserves the right, in its discretion, to modify or terminate your access to the Gourmet Club Website or any portion thereof at any time, without notice.

Intellectual Property

• The content and information displayed on the Gourmet Club Website is the property of Gourmet Club and/or TLC. The downloading, reproduction, or retransmission of such content and/or information, other than for non-commercial individual use, is strictly prohibited.
• The Gourmet Club website 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 Gourmet Club brand (the “Gourmet Club Materials”) that are owned by TLC DigiTech and is protected by applicable intellectual property and other laws. No licence is granted in respect of those intellectual property rights. The use of the Gourmet Club website by any person does not grant, transfer to or confer upon such person any right, title or interest in the Gourmet Club material.
• The Gourmet Club website also contains proprietary information, content and materials, including but not limited to text, graphics, images, photographs, videos, music, sound, designs, copyright, trademarks, patents, software codes, source code and other underlying technology (the “TLC Materials”), that are owned by TLC and is protected by applicable intellectual property and other laws. No licence is granted in respect of those intellectual property rights. The use of the Gourmet Club website 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 Gourmet Club Materials and TLC Materials (collectively, the “Intellectual Property”) in any way whatsoever except for use of the services available on the Gourmet Club website in compliance with the Terms and Conditions. Users must not use, copy, modify, publish, reproduce, distribute, re-transmit, transfer, upload, download, sell, licence, reverse engineer, decompile, or disassemble the Intellectual Property, without the prior written consent of Gourmet Club or TLC (as applicable). Users must also not engage in any conduct that infringes, violates or misappropriates any Intellectual Property rights of Gourmet Club, TLC or any other party, and such infringement, violation or misappropriation shall amount to a breach of the Terms and Conditions.
• Gourmet Club 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 Gourmet Club 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.

Links to the other Websites

• The Gourmet Club website may contain links to third party websites or services that are not owned or controlled by TLC.
• TLC has no control over and assumes no responsibility for the content, privacy policies, or practices of any third party websites or services. You further acknowledge and agree that TLC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites or services.
• Users of the Gourmet Club website is advised to read the terms and conditions and privacy policies of any third-party websites or services that they visit.

Limitation of Liability

• In no event shall TLC or Gourmet Club nor their/its directors, employees, partners, agents or suppliers be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Gourmet Club website; (ii) any conduct or content of any third party on the Gourmet Club website; (iii) any content obtained from the Gourmet Club website; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not TLC or Gourmet Club has been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

Disclaimers

• The Gourmet Club website is made available to you on an as-is, as-available basis, without representations or warranties of any kind, whether express or implied. TLC and Gourmet Club specifically disclaims 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 use of the Gourmet Club website is voluntary, by your own choice and at your own risk. TLC and Gourmet Club does not warrant or represent that your access to the Gourmet Club website will be uninterrupted or error-free or that any information, data, content or other material accessible through the Gourmet Club website 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, TLC and Gourmet Club does not represent or warrant that the information on the Gourmet Club website is accurate, complete, reliable, useful, timely, or current. Despite commercially reasonable efforts, the Gourmet Club website and other materials may contain typographical or other errors or inaccuracies, including, without limitation, regarding the benefits of the Gourmet Club Program, for which TLC and/or Gourmet Club will not be responsible. TLC and/or Gourmet Club reserves the right to void or refuse to process any transaction arising out of such an error, typo, or misprint.

Indemnification

• You agree to indemnify, defend and hold TLC and Gourmet Club, 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 the Website Terms of Use; (b) any allegation that any information or other materials submitted to TLC and/or Gourmet Club infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party; (c) the misuse or misappropriation of the benefits available through the Gourmet Club website, or any related product or service by any user and/or (d) any other misuse of the Gourmet Club website.

Binding Decisions

• All decisions of TLC and Gourmet Club where applicable in relation to the Gourmet Club website are final and binding on all users.
• All interpretations of the Website Terms of Use are at TLC and Gourmet Club sole discretion and our decisions will be final and binding. If the English version of the Website Terms of Use conflicts with any other language version, the English version shall prevail.

Changes

• TLC and Gourmet Club reserve the right, at their sole discretion, to modify or replace the Website Terms of Use at any time. If a revision is material, an attempt will be made to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at their sole discretion.
• By continuing to access or use the Gourmet Club website after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please exit from and discontinue use of the Gourmet Club website immediately.

Governing Law

• The Website Terms of Use shall be governed and construed in accordance with the substantive laws of India.

Dispute Resolution

• Any disputes or controversy arising out of or relating to the Website Terms of Use shall be settled by arbitration to be held in New Delhi in accordance with the Arbitration and Conciliation Act, 1996 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 New Delhi.

Contact Us

• All members may also request assistance from the dedicated member contact centre. The operating hours for the member contact centre are from 9.30 AM to 6.30 PM Monday to Saturday +254 788 880011. Members may also direct any queries regarding the Gourmet Club website or the Website Terms of Use by telephone at [+254 788 880011] or by e-mail at [gourmetclub@tlcgroup.com]. [The Gourmet Club Website also supports chat and voice options.]