This Agreement is effective on the date the application form is signed between VIENO FZ LLC established in the Creative Zone in Fujairah and the Customer.
Any capitalized terms that are not defined in this Clause 2 have the meaning giving to them within the clause.
a)“Agreement” means the entire contractual agreement, compromising of the application form and the agreement form.
b)“Customer” means the venue who is subscribing to our service.
c)“VIENO” means the service company
d)“The App” means Vieno mobile application
e)“VVienos” means the free items venues are giving out
f)“Business Platform” means the portal the Customer use to populate a calendar and distribute Vienos
g)“Service” means giving out Vienos using The App to generate traffic and attract customers
h)“Users” means the consumers that will be using The App to redeem Vienos and enjoy the free items
i)“Minimum Term” has the meaning given to it in Clause 4(b)
VIENO will grant the Customer an access to our Business Platform to populate a calendar and distribute Vieno to attract new customers. Users will be able to redeem these Vienos through The App. The Customer will be invoiced monthly for additional vienos distributed.
3.COMMENCEMENT & DURATION
a)The Agreement is valid and binding on and from the date on which it is submitted to and accepted by VIENO FZ LLC (“Effective Date”)
b)The minimum commitment period (“Minimum Term”) that applies to the Agreement is stated in the application form. The Service may have a Minimum Term of 1, 6 or 12 months based on the package plan that Customer has selected. With the exception of the 3 months’ trial period.
c)Any applicable Minimum Term starts on the date on which VIENO makes the Service Available to the Customer (“Activation Date”).
4.CUSTOMER OBLIGATIONS & RESTRICTIONS:
a)Accurate information: You warrant that all information provided on registration and contained as part of your account during the course of this Agreement is true, complete and accurate and that you will promptly inform us of any changes to such information by updating the details in your account.
b)Customer shall only redeem Vienos in compliance with UAE laws of serving Alcohol and Tobacco. VIENO will not be held responsible for any Vieno’s redeemed by Users without a liquor license or Users who are intoxicated and/or under the legal drinking/smoking age.
c)Spread awareness between the staff about The App and how to redeem coupons presented by the Users
d)Populate the calendar in the Business Platform on a daily/weekly basis or use the weekly prototype function available
e)You should NOT:
a.Exclude the taxes and services charges from the Vieno value. If you choose to give out 50 Vienos with the value of AED 55, this AED 55 value should be inclusive of taxes and service charges. The Users should NOT be asked to pay these fees separately.
b.upload, send or receive any material, including User Content, which is not civil or legal;
c.upload, send or receive any material, including User Content, which is unlawful, harmful, tortious, threatening, abusive, harassing, hateful, racist, homophobic, infringing, pornographic, violent, misleading, grossly offensive, of an indecent, obscene or menacing character, blasphemous or defamatory or of a libelous nature of any person or entity, in contempt of court or in breach of confidence, or which infringes the rights of another person or entity, including copyrights, trademarks, trade secrets, patents, rights of personality, publicity or privacy or any other third party rights;
d.upload, send or receive any material which is technically harmful (including computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data, malicious software, harmful data, or anything else which may interrupt, interfere with, corrupt or otherwise cause loss, damage, destruction, or limitation to the functionality of any software or computer equipment);
a)VIENO will provide the Service to the Customer based on this Agreement together with the constituent parts in the Application form and in accordance with the law.
b)Provide training to the venues representative on how to use the Business Platform and training to the staff on how to use The App and how to market The App.
c)VIENO has the right to send brand ambassadors to the Customer venue on Vieno nights to promote The App, engage Users and support the venue’s staff.
6.CHARGES, BILLING & PAYMENT
a)The Customer will be billed on a monthly basis, on the beginning of every month.
b)Payment to be received at the beginning of every month
c)Failure to settle outstanding dues before the 10th of every month will result in the disconnection of service and a penalty of AED 100 will be charged to re-active the service.
7.SUSPENSION, DISCONNECTION, OR TERMINATION BY VIENO
VIENO has the right to suspend the service to Customers who are not complying with this Agreement
8.CHANGING SUBSCRIPTION OR TERMINATION BY THE CUSTOMER
a)If the Customer wishes to change their subscription package, the Customer can only upgrade to a higher plan or a longer period if it was within the Minimum Term period. If the Customer wishes to downgrade, then the Customer must wait until the Minimum Term period have passed and a new subscription is required
b)If the Customer wants to terminate the Service. The Customer must provide VIENO with a written notice
c)The Customer can only terminate the service after the Minimum Term has occurred
This Agreement (and all non-contractual relationships between you and us) shall be governed by and construed in accordance with the laws of DIFC (Dubai Investment Financial City)