Terms and Conditions

VIP Upgrades – Membership Terms & Conditions

These Terms and Conditions set out the contractual relationship between VIPupgrades.com and each individual Member of VIPupgrades.com.

1) DEFINITIONS

“Member” means the person who is a member of the VIPupgrades.com and whose name is listed on the electronic membership card whilst logged in at www.VIPupgrades.com

“Membership” means membership of the VIPupgrades.com

“Services” means the benefits, services, rewards and facilities from time to time available to Members whether provided by VIPupgrades.com or service partners.

2) APPLICATION & ACCEPTANCE

Individuals who are 18 years of age or over may apply for membership.

VIPupgrades.com reserves the right not to enrol individuals with resident addresses in certain countries and/or regions. Such countries and/or regions are subject to change however reasonable advance notice will be given in circumstances where the removal of a country and/or region will affect the membership of existing members. Current countries and/or regions which are not open to membership are:

Iran, North Korea, Myanmar, Libya, Belarus, Cuba, Sudan, Yemen, Mali, and Iraq.

Membership is not open to companies, partnerships, unincorporated associations or similar entities.

To apply for membership an individual must apply online at VIPupgrades.com. Membership applications must state the applicant’s full name and preferred region for correspondence. The preferred region determines the applicability of any local rules or restrictions relating to the Services and eligibility for local promotions or the Services. Members cannot state more than one preferred mailing address.

Membership is offered at the discretion of VIPupgrades.com and VIPupgrades.com may refuse Membership to any applicant.

Applicants accepted as Members will be given a Membership number and may be provided with a Card. Multiple Membership is not permitted and each Member must maintain only one account. In the case of duplication of Membership, all Memberships (other than the first Membership approved by VIPupgrades.com) will be cancelled as will any benefits accrued.

Applicants will be admitted to Membership on the date they activate their account via VIPupgrades.com; and complete the necessary email verification requirements. By activating their account via VIPupgrades.com Members agree to be bound by the these Terms and Conditions (as amended from time to time), the VIPupgrades.com website Disclaimers and Terms of Use and any other information on VIPupgrades.com.

Members cannot transfer Membership registration between countries in which VIPupgrades.com operates more than once in every six months.

3) TERMINATION

Membership will terminate automatically upon the death of a Member and their account shall be cancelled.

In addition to any other rights or remedies it may have VIPupgrades.com reserves the right at any time in its absolute discretion to terminate the Membership of any Member and/or (if applicable) the right of any Member to use the Services if a Member commits fraud, misconduct, is given a banning notice or withdraws their consent under these Terms & Conditions.

VIPupgrades.com may terminate Membership and/or the Services at any time upon giving 10 days email notice to all Members. No compensation of any kind will be paid.

In the event of the termination of Membership the Card (if applicable) must be returned to VIPupgrades.com.

4) DATA

(A) The data which is processed by VIPupgrades.com in connection with Members may include:

Membership data and personal data concerning Membership of other customer loyalty and frequent traveller programmes;

Data about travel booked or undertaken by the Member including data identifying any company or organisation booking travel for the Member;

Data supplied by the Member;

Data collected when the Member is provided with Services; and

Data collected when the Member is otherwise in contact with VIPupgrades.com or a Service Partner.

(B) Members consent to:

their data being supplied to VIPupgrades.com group and parent companies, Service Partners, marketing partners, other travel websites, data processors, agents and contractors;

their data being transferred to other countries whether or not such countries have data protection laws; and

the processing of any sensitive data included in their data (such as data revealing a medical condition or religious belief).

(C) The purposes for which data may be processed by VIPupgrades.com or by a recipient of data include:

providing Services to Members;

making changes to Services and developing new Services;

accounting and audit, safety and security, fraud prevention and investigation, and systems testing, development and maintenance;

the management and administration of the VIPupgrades.com and other loyalty schemes operated;

customer profiling and other marketing and market research analysis;

(by or on behalf of VIPupgrades.com) communicating to Members information using any contact details provided;

(by or on behalf of VIPupgrades.com or marketing partners) communicating to Members about other products, services or facilities offered by VIPupgrades.com, marketing partners or other carefully selected companies, using any contact details provided;

conducting market research; and

any other purpose which is obvious or is communicated to the Member.

5) MARKETING CONSENT

Consent to receive marketing and market research communications under is requested at the time of enrolment and may be given by the Member subsequently. Where consent is given it may be withdrawn by the Member writing to the local service centre or by any other means for withdrawing consent made available by VIPupgrades.com from time to time.

6) LIABILITY & WAIVERS

Members are responsible for the security of their online logons and passwords and VIPupgrades.com shall have no liability in the event that a Member’s logon and/or password is disclosed by the Member, whether intentionally or not, so as to allow a third person online access to the data and to make any transactions. VIPupgrades.com reserves the right to block online access to data by or through any third party website not authorised by VIPupgrades.com.

VIPupgrades.com will not be liable for any loss or damages resulting from suspension, alteration to, or termination of the programme or the right to any of the services.

VIPupgrades.com will not be liable for any Loss if, by reason of local legal or regulatory prohibitions or restrictions, VIPupgrades.com or the whole or any part of the Services cannot be made available in certain countries or to certain Members.

EXCEPT AS EXPRESSLY PROVIDED HEREIN, VIPUPGRADES.COM DOES NOT MAKE ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, AND VIPUPGRADES.COM SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

VIPupgrades.com will not be responsible for late, lost or misdirected email.

(7) GOVERNING LAW

To the extent permissible by local law or regulation these Terms and Conditions shall be governed by and construed in accordance with English law. VIPupgrades.com and each Member submits to the non-exclusive jurisdiction of the English courts to resolve any disputes that may arise out of them.

VIPupgrades.com is not a members’ or proprietors’ club.

© VIPupgrades.com 2013. All Rights Reserved. Version 1.2