The Club Swan Membership Agreement (“Agreement”) is between AU Card LLC, dba Club Swan, doing business at 3300 N. Ashton Boulevard S. 200, Lehi UT 84043, including its affiliates and successors (“Club”, “us, “we”, “our”) and the applicant, (“you” and “yours”) for the purpose of applying for the Club Swan Membership and its successor (“Membership”) which provides access to private financial services, personal concierge, asset sales, travel booking, personal shopping and other bespoke goods and services. Except as otherwise provided in this Agreement, if any provision contained in this Agreement conflicts with any provision in any other document as part of the Club Swan Membership, the provision contained in this Agreement shall prevail, govern and control.
NOW THEREFORE, in consideration of the promises and covenants hereinafter contained, and other good and valuable consideration, the receipt and legal adequacy of which is hereby acknowledged, the Parties hereby agree as follows:
Effective Date. This Agreement for Membership is subject to approval and will not become effective until Club accepts you as a member. You must provide required information about you prior to becoming a Member and Club’s acceptance of you as a Member. The date of Club’s acceptance of this Agreement shall be the Effective Date for Membership purposes, which shall be calculated from the day your financial accounts are opened. Your Membership is subject to your payment of Subscription Monthly Fees, which shall be paid at the beginning of each month following the payment of the Joining Fee to continue to receive the services under your Membership.
Personal Data. The information we collect from you may include your name, physical address, phone number, electronic email address, date of birth, taxpayer ID number, national ID, a self-portrait photograph, bank account information, credit card information, etc. You agree to promptly provide us with the information we request for the purpose of identity verification and to comply with regulations regarding anti-money laundering and terrorist financing. To verify your identity, we may use our Service Providers, digital tools and other electronic records and commercial and governmental databases to obtain a positive match of legal name and address. Sometimes finding your information using such databases does not work because the information is unavailable, or your name or address has changed. If we cannot verify your personal information, we will ask you to send us documentation through to our customer onboarding team that confirms your identity.
Services. The Services provided to Members are those listed in Schedule 1. E-Money services and payment services are provided through Club’s trusted independent third-party service providers under the provided terms and conditions and cardholder agreements (collectively the “Service Providers”).
Asset Sale. Membership provides Members the opportunity to sell digital assets (also referred to as “cryptocurrency” or ”crypto”) and use proceeds to purchase goods and services or receive proceeds of the sale into designated accounts, subject to a separate successful KYC and acceptance by our service provider. The deposit of asset sale proceeds shall incur a fee which shall be assessed at the time of the transfer from Club to Member’s designated account or prior to proceeds being used to pay for goods and/or services. Please refer to the “Club Swan Digital Asset Agreement” for more information regarding the manner and more information associated to this service. You agree that you assume the risks of loss from a general suspension or prohibition in buying, selling or owning digital assets by any governmental authority from which either party of this Agreement may be subject to. You agree to bear all the costs associated to the refund or return of the Digital Assets should we need to comply with any regulatory obligations. You understand that the price or value of digital assets can rapidly increase or decrease at any time. The risk of loss in holding digital assets can be substantial. Digital assets received by us in relation to cryptocurrency transactions will not be safeguarded. We do not make any representation regarding the advisability of transacting in digital assets. We cannot guarantee the timeliness, accurateness, or completeness of any data or information used in connection with you holding any exposure to digital assets.
Payments. You are hereby liable for the payment of the fees set forth herein and as amended from time to time. You agree to promptly tender payment for all Services provided to you by or through Club and its Service Providers. All payments, costs and fees under this Agreement are non-refundable and not prorated, except as provided under applicable law. Late payments shall accrue interest at 3% interest per calendar month or the maximum amount allowed under applicable law. You are responsible for all costs associated with payment collection, including but not limited to attorney fees, staff time cost, operational costs and court costs and you agree to indemnify Club for all costs associated with collection.
Subscription Monthly Fees. Subscription Monthly Fees are owed to Club Swan pursuant to Schedule 1. You expressly agree to submit payment of the Subscription Monthly Fee throughout your Membership with us. Subscription Monthly Fee start following the first month of your Membership. You may choose to enroll to a recurring subscription monthly fee during your account setup. If you agree to this option, you authorize us to automatically debit the Subscription Monthly Fee from your Membership currency account balances (USD/GBP/EUR), on a monthly basis. You may choose to manage future Subscription Monthly Fees by switching to pay your Subscription Monthly Fee via credit/debit card on a recurrent basis under Continuous Payment Authority (CPA). The CPA is a type of regular automatic payment wherein you grant permission to us to debit money from a credit or debit account whenever you owe us fees. You may cancel your preferred payment methods by submitting a request through the Account Management Section of your Accounts or by contacting Club Member Support Team.
Should you owe us any Subscription Monthly Fees and you are either (i) not subscribed to automatic account debit or CPA, or (ii) the amounts included in your account balance are not sufficient or the credit card information in your account is faulty or no longer valid, your Membership account and all Membership services may be suspended until we receive payment of (i) one Monthly Fee applicable to your Membership Tier, and (ii) the Reactivation Fee collected by our affiliates. If you owe us Subscription Monthly Fees, you may only log into your account to submit the then current balance owing amount. YOU AGREE THAT CLUB AND CLUB’S SERVICE PROVIDERS SHALL NOT BE LIABLE TO YOU FOR ANY LOSS OR DAMAGE CAUSED BY THE APPLICATION OF THE PROVISIONS IN THIS CLAUSE. YOU AGREE TO HOLD HARMLESS CLUB AND CLUB’S SERVICE PROVIDERS AND TO INDEMNIFY CLUB AGAINTS ALL EXPENSES AND LIABILITIES REASONABLY INCURRED BY US IN CONNECTION WITH OR ARISING OUT OF ANY ACTION, SUITE OR PROCEEDING BY REASON OF THE PROVISION SET FORTH ABOVE.
If you fail to make any payment and amounts due cannot be sufficiently collected, we may choose to terminate your account after 30 days the payment is due and we may proceed to collect due amounts under this Agreement. All benefits or rights you may have under the Club Swan Membership and/or Club Swan Referral Program shall automatically terminate, irrevocably.
Benefits. By continuously using your Club Swan Membership, you may be eligible to access different lifestyle and financial benefits and rewards offered by Club, in accordance with the present Agreement and other terms and conditions as determined by Club from time to time. These benefits include, but are not limited to, Travel Purchase Discounts, Product Procurement, Event Access, Car Rentals, Money Remittance, Cashback/loyalty rewards, etc.; which are all outlined in this Agreement (Schedule 1).
Members acquire no vested or accrued right or entitlement to the continued availability of any particular rewards, benefit, redemption or levels. Some benefits are subject to availability in your country of residence or in the country wherein the benefit is offered. Prices may be subject to exchange rates. Requests or deposits are non-refundable Exceptionally, cancellations may be partly refundable, but cancellation charges may apply. Additional local taxes are mandatory in various countries. Any taxes, fees or other costs related to these benefits may be withheld or set off from your Club Swan accounts or from any other amounts you may receive under the Club Swan Referral Program. Club reserves the right to revoke, terminate, suspend or modify the Benefits and any and all rewards, points, redemptions or levels related thereto in its sole discretion with no prior notice. Please refer to the Limitation of Liability Section of this Agreement for more information.
Membership Rules and Regulations. You acknowledge and agree that you have received, read, understood, and agreed to this Agreement. You agree to be fully bound by the terms and conditions of this Agreement and any changes made from time to time by Club at its sole discretion. If you do not agree with an the updated or amendment to this Agreement, you agree to cancel your Membership within 10 days of the amendment. Your continued use of Your Membership is evidence of your agreement of any changes to this Agreement. Check back to the website often to remain apprised of the current version of this Agreement and the Club Swan Cardholder & Currency Account Terms and Conditions. Membership which have not completed financial (including traditional or non-traditional currency) transactions for a period of 30 consecutive days shall be charged a membership maintenance fee of $35.00 per month or the equivalent in EUR, GBP, or other fiat wallet currency, which shall be charged the first day of the following month of inactivity and shall continue until transactions resume. You acknowledge and agree that the membership maintenance fee will be deducted by Club Swan from your currency wallet(s), card account or crypto wallet(s). This fee is applicable for the entire duration of the membership.
Administrative Fee. Club reserves the right to assess an Administrative Fee of 1.98% applicable to all account(s) funding methods. This fee is assessed by Club to all Club Swan members, irrespective of any tier. If Club cannot charge this fee at the time of funding, you agree that Club may deduct the Administrative Fee from any of your account(s) after the account funding method takes place. Please refer to the Club Swan Cardholder & Multi Currency Account Terms and Conditions for more information about funding your accounts. We reserve the right to change, discount or waive the Administrative Fee at any time at our sole discretion. Please refer to the Non-Waiver section of this Agreement. Check back to the current version of this Agreement often to remain apprised of the current Administrative Fee provisions.
No Ownership or Right to Participate in Management. You acknowledge and agree that the Membership does not include (i) any ownership, equity, or other proprietary interest in Club or any of its assets, (ii) any right to receive or participate in Club’s earnings, nor (iii) any voting rights or any right to participate in Club’s management or operation.
Contact. You expressly agree to be contacted by Club and associated third-party Service Providers through the phone number and email address provided by you. You agree to receive all membership information through the email and telephone number you provide. You hereby authorise Club and its Service Providers to contact and obtain information from your personal references identified herein. You also authorise Club to inquire after your bank and creditors concerning you and to conduct any other check of your personal history. Club shall keep any information obtained confidential with respect to persons not authorised by Club and its Service Providers to evaluate your application.
Termination. You may cancel this agreement at any time in accordance with applicable law, otherwise all fees are non-refundable. Club may terminate this Agreement at any time for breach of this Agreement by You. Club may also terminate this Agreement, without cause, at any time by given written notice to you. Our Service Providers may also terminate or discontinue the products or services included in this Agreement, without cause, at any time by given written notice to you. Please refer to the Club Swan currency and cardholder terms and conditions to review the process upon termination of this Agreement. YOU HEREBY HOLD HARMLESS CLUB AND ITS SERVICE PROVIDERS AGAINST ANY LOSS OR DAMAGE RESULTING FROM OR IN CONNECTION WITH THE TERMINATION OF THIS AGREEMENT OR CESSATION OF THE SERVICES PROVIDED HEREIN.
Indemnification and Assumption of Risk. By using the Membership, You agree to indemnify, defend and hold Club and its Service Providers (and both of their owners, officers, employees and other agents) harmless from and against any and all liabilities, costs (including reasonable attorneys’ fees, court cost, expert witnesses), claims, demands or damages incident to or arising out of the acts or omissions by you or your family members or anyone given permission by you to use the Membership or Services as a guest (“Guest”).
You agree that you will reimburse Club for any and all transactions or Service which are made by anyone authorised by you to use Your account and/or assets, including but not limited to your children, your spouse/partner, your household staff member(s), your Guest(s) and/or employees, and anyone acting under your direction or permission whether in writing or otherwise. Member agrees to fully cooperate in the civil and criminal prosecution of anyone engaged in unauthorized use of your account and/or assets, and your failure to cooperate will be deemed as the claimed unauthorised transaction or Service as being authorised by you as valid and you shall be responsible to indemnify Club for all expenses incurred during the investigation and resolution of any such claim. You hereby authorise Club to deduct indemnification amounts from your account or asset proceeds.
Limitation of Liability. IN NO EVENT WILL CLUB BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF BUSINESS, REVENUE, PROFITS, STAFF TIME, GOODWILL, USE OR OTHER ECONOMIC DAMAGE) WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE WHETHER YOU HAVE BEEN PREVIOUSLY BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
CLUB AND IT SERVICE PROVIDERS DO HEREBY DISCLAIM ANY AND ALL WARRANTY, GUARANTEE AND/OR REPRESENTATION, EXPRESS OR IMPLIED, REGARDING ALL GOODS AND SERVICES PURCHASES MADE THROUGH CLUB OR BY OUR THROUGH ITS SERVICE PROVIDERS INCLUDING BUT NOT LIMITED TO GOODS DAMAGED, UNDELIVERED OR OTHERWISE, TRAVEL SERVICES, HOTELS, TRANSPORTATION, LODGING, CONCIERGE SERVICES, AIR FARES AND/OR CHARTERS, OR ANY OTHER SERVICE AND/OR GOODS PROVIDED, ALL GOODS AND SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OR GUARANTEE OF ANY TYPE.
IN ANY OTHER CASE, THE AMOUNT OF DAMAGES RECOVERABLE AGAINST CLUB FOR ANY ACT OR OMISSION HEREUNDER WILL NOT EXCEED THE LESSER OF THE AMOUNTS PAID UNDER THIS AGREEMENT WITHIN THE TWELVE (12) MONTHS PRECEDING THE DATE OF NOTICE OF THE APPLICABLE CLAIM.
THIS SECTION SHALL SURVIVE FAILURE OF ANY EXCLUSIVE REMEDY AND DEEMED A WAIVER BY MEMBER. ANY INSTRUCTIONS OR ORDERS PLACED BY YOU WILL BE COMPLETED TO THE BEST OF OUR ABILITY, WE MAKE NO GUARANTEE OR WARRANTY OF MERCHANTABILITY REGARDING SUCH. YOU WAIVE RIGHTS TO THE FULLEST EXTENT PERMITTED BY LAW UNDER THE PAYMENT CARD INDUSTRY DATA SECURITY STANDARD AND RELEASE CLUB FROM ALL CLAIMS AND OBLIGATIONS UNDER THE PAYMENT CARD INDUSTRY DATA SECURITY STANDARDS.
Disputes. This Agreement is governed by the laws of the State of Utah. The exclusive venue for all disputes shall be decided in the State of Utah. This Agreement is written and available in English and all correspondence with you in respect of your Membership shall be in English. In the event that this Agreement are translated, the version in English shall take priority. Any dispute or difference arising out of or in connection with this contract shall be determined by the appointment of a single arbitrator to be agreed between the parties, or failing agreement within fourteen days, the parties hereby agree that the dispute shall be referred to an finally resolved by arbitration under the JAMS Rules. Either party agrees to provide to the other a 30-day written notice of dispute. Both parties in this Agreement will split the cost to initiate a dispute through arbitration. The prevailing party shall have the right to collect from the other party its reasonable costs, including but not limited to attorneys’ fees and expert witnesses. YOU IRREVOCABLY WAIVE TO THE FULLEST EXTENT PERMITTED BY LAW ANY OBJECTION THAT YOU MAY HAVE OR HEREAFTER HAVE TO THE LAYING OF THE VENUE INCLUDED IN THIS CLAUSE, AND ANY CLAIM THAT ANY SUCH ACTION OR PROCEEDING BROUGHT HAS BEEN BROUGHT IN AN INCONVENIENT FORUM. NO CLAIM ARISING OUT OF THE AGREEMENT, REGARDLESS OF FORM, MAY BE BROUGHT MORE THAN THE SHORTER OF SIX MONTHS OR THE MINIMUM PERIOD ALLOWED BY LAW AFTER THE CAUSE OF ACTION HAS OCCURRED. YOU AGREE AND UNDERSTAND THAT YOU AND WE ARE GIVING UP: (I) THE RIGHT TO TRIAL BY JURY; (II) THE RIGHT TO PARTICIPATE IN OR BE REPRESENTED IN ANY FORM OF CLASS ACTION INCLUDING BUT WITHOUT LIMITATION ANY CLASS ARBITRATION (“CLASS ACTION WAIVER”).
Non-Waiver. No delay or failure on the part of Club in exercising any right hereunder shall operate as a waiver of any right of Company, as the case may be, except to the extent specifically waived in writing.
Assignability. This Agreement is assignable by Club at any time without notice. This Agreement and Membership are personal to the Member and are not assignable by Member to any other entity or individual.
Enforceability. In the event that any part of this Agreement is held not to be enforceable, this shall not affect the remainder of this Agreement which shall remain in full force and effect. Your payment and/or use of the Membership is conclusive evidence of your agreement to be bound by the terms and conditions of this Agreement.
Customer Services. The Club Member Support Team may be contacted in the following ways:
|Mobile Application:||Refer to the “Contact Us” information in the mobile application|
For support or questions: email@example.com.
For complaints: firstname.lastname@example.org
|Phone:||+82 704 784 4351|
|Post:||AU Card LLC, 3300 N. Ashton Blvd. S 200 Lehi UT 84043
Attention Club Swan Member Support
Copyright © 2019, AU Card, LLC. All rights reserved
SCHEDULE 1: MEMBERSHIP MATRIX
MEMBERSHIP SERVICES, FEES AND BENEFITS
Fees are due at the time of service and are non-refundable, unless otherwise provided under applicable law. In the event you choose to cancel Your Membership within 14 days from your Joining Fee, you will be refunded your Membership payment back, less any applicable fees. Please refer to the Club Swan Cardholder & Multi-Currency E-Money Account Terms and Conditions for fees associated to your card and e-money accounts. Membership services and benefits are subject to change without notice; Club reserves the right to make substitutions. Members who qualify for the currency account will be notified and issued an individual multi-currency e-money account subject to the Club Swan Multi-Currency E-money Account Terms and Conditions. If a Member does not qualify for a currency account, the Club Swan Multi-Currency E-Money Account Terms and Conditions are not applicable to such unqualified Member and the unqualified Member will not be issued a currency account.
|Monthly Fee (starting month 2)||$35||$65||$95||$125|
|Card Type*||Standard Plastic||Standard Plastic||Limited Edition Aluminum||Limited Edition Stainless-Steel|
Personal Shopping (25 free requests per month)
Additional request: $4.20 quote / $5.75 complete orders
|Luxury Product Procurement||Included|
|24/7 Concierge Team||Included|
|Private Event & Party Consultee||None||None||None||Included|
|Dedicated Phone Hotline Support||None||None||None||Included|
|10% Travel Discounts – Lowest Rates||Included|
|Up to 50% Off First and Business Class Airfare||Included|
|Exotic Car Rental||None||Included||Included||Included|
|Black Car Airport Transfer||None||None||Included||Included|
|Corporate Group Travel Specialist||None||None||Included||Included|
|Private Aviation & Private Yacht||None||None||None||Included|
|Digital/Crypto Wallets (BTC, ETH, BCH) ***||Included|
|Crypto to Fiat Liquidation / Instant Liquidation||3%||None||None||None|
|Crypto Send – Internal||Included|
|Crypto Send – External||0.75%||0.50%||0.25%||0.20%|
SCHEDULE 2: INSTANT REWARDS
- These terms (“Terms”) apply to the Club Swan Instant Rewards Program (“Program”) provided to You (“You/Your”), the member or applicant to a Club Swan Membership (“Membership”).
- THE CLUB SWAN MEMBERSHIP AGREEMENT IS FULLY INCORPORATED HEREIN BY REFERENCE. Club Swan reserves the right to make substitutions to these Terms at any time without notice. You can review the most current version of the Program at any time by accessing the Club Swan App/Portal through Your Membership. Your continued use of the Program after the changes become effective constitutes Your binding acceptance of such changes.
- Under these Terms, Club Swan may make available to You from time to time offers or discounts on certain merchants or third-party product and service providers (“Voucher”), which will be listed in the Club Swan App/Portal. These Terms govern the use of the Vouchers. The merchants or third-party products or service providers are herein referred to as “Participating Merchants.”
- The Club Swan App/Portal will list all available Participating Merchants and Vouchers applicable to You within a specific geographic region for their use and redemption. You may purchase a Voucher to redeem its full value at the point of sale or online purchase with the respective Participating Merchant.
- When You redeem a Voucher by making a purchase through a Participating Merchant, we may credit Your Club Swan electronic money account (“Account”) with an amount equivalent to a percentage of the payment made with the Voucher (“Instant Reward”), as determined by Club Swan and subject to these Terms.
- The Instant Reward(s) are based on net minimum purchases provided by the Voucher or the Participating Merchant.
- The Instant Reward may be credited to Your Account at least 24 hours after the Voucher’s valid redemption. You will accumulate Instant Reward(s) in Your Account only. You must use the Voucher during the point of sale or online transaction to be eligible to receive the Instant Reward.
- Please note that the Voucher applies to net purchase amounts, which may exclude taxes, fees, shipping, gift-wrapping, discounts or credits, returns or cancellations and extended warranties that the Participating Merchants may offer.
- If You cannot complete a purchase using a Voucher with the respective Participating Merchant, You should contact us at email@example.com
- Participating Merchants
- Participating Merchants and Vouchers can change, be added or deleted at any time by Club Swan, without notice. Visit the Club Swan App/Portal regularly for up-to-date Program details.
- Returns, cancellations and exchanges of the products or merchandise You buy using a Voucher are subject to the policy of the Participating Merchant from which You made Your purchase. If You return or cancel an item, the Instant Reward You earned will be deducted from Your Account. Likewise, if You exchange merchandise, the Instant Reward from the original sale will be deducted from Your Account because the exchanged for merchandise was not purchased using the Voucher.
- Participating Merchants may exclude certain products for redemption using a Voucher.
- Participating Merchants may not allow the use of the Voucher(s) with any other offer, promotion or discount.
- Certain Vouchers require You to click a shopping link to be directed to a Participating Merchant’s site or app (which may also require You to download such app) and complete a purchase to earn an Instant Reward on Your net purchase amount.
- You should make whatever investigation You feel necessary or appropriate before proceeding with any transaction with any of the Participating Merchants.
- Determination of whether a purchase was made at a Participating Merchant is at the sole and absolute discretion of Club Swan.
- Conditions of Use
- The Program is available to Club Swan active members only pursuant to the terms of the Club Swan Membership Agreement. If You are not an active member, You will not have access to purchase Voucher(s) or earn Instant Reward(s) in Your Account.
- The Program may not be available to You depending on Your country of residency.
- Club Swan may change the percentage of the Instant Reward(s) from time to time for any reason
- You cannot redeem or combine more than one Voucher during a single transaction with a Participating Merchant.
- Voucher(s) are not partially redeemable.
- Voucher(s) are non-refundable and cannot be exchanged for cash, in part or full.
- Vouchers are not transferable to another Club Swan member or person after they are purchased.
- Prior to redemption, Vouchers have no monetary value and You cannot obtain any cash, money, or anything of value in exchange for Your Vouchers.
- Any Voucher You have purchased will expire after three (3) years from the date You purchased it. No refunds or cash will be deposited in Your Account after the Voucher has expired.
- You must be at least 21 years old to redeem Vouchers with alcoholic beverages.
- At any time and in Club Swan’s sole discretion, Club Swan may: (i) determine whether or not You are eligible to buy or redeem a Voucher; (ii) determine whether or not You have earned an Instant Reward; or, (iii) adjust the Instant Reward(s) in Your Account to accurately and fairly reflect the Instant Reward(s) that You have actually earned.
- Club Swan may, in its sole discretion, deduct from Your Account(s) any Instant Reward that Club Swan determines You have not earned, or You have earned in violation of these Terms, Club Swan policies, Participating Merchant’s terms or applicable laws.
- Each Voucher may be subject to additional terms by Club Swan or the Participating Merchants and may be discontinued by Club Swan at any time without notice. You can find a list of available Vouchers through the Club Swan App when You become and remain an active member.
- Program Support
- If You believe that You have made purchases that should have resulted in the addition of Instant Reward(s) and You see that no Instant Reward have been deposited in Your Account within 30 days of Your redemption date, You can contact us at firstname.lastname@example.org.
- You should contact us within 30 days of such purchases, and we will investigate the situation. If You wait longer than 30 days, Your ability to claim the Instant Reward will be considered waived.
- Club Swan is not responsible for missing transaction(s) if You have failed to contact us within 30 days of the original purchase date.
- We may ask You to provide a receipt so that we can research the transaction under investigation.
- While most missing Instant Reward inquiries can be resolved within 30 days of the date Club Swan received Your inquiry, some inquiries may take longer than 30 days. Club Swan will contact You by email once Club Swan has a resolution to Your missing Instant Reward.
- Prohibited Conduct
- You shall not use the Program for the purpose of bulk purchasing and/or reselling activity. To remain in compliance with all the Participating Merchants and its internal policies, Club Swan may choose to limit, suspend, or cancel Club Swan accounts that have proven to be, or appear to be at Club Swan’s sole discretion, purchasing for resale.
- You agree not to seek Instant Rewards or make any claims for Instant Rewards against third-party providers, merchants, distributors or manufacturers of products and services.
- You agree not to use the Program for any illegal purpose, or in violation of any local, state, national or international law, including without limitation, laws governing intellectual property and other proprietary rights, and data protection and privacy.
- You shall not modify, copy, reproduce, create derivative works, republish, post, transmit or distribute content from the Program without the prior written approval of Club Swan.
- You agree not to use the Program for any commercial purpose not authorized in written by Club Swan.
- You agree not to reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Program or any part thereof, including the Club Swan app.
- You shall not, and shall not induce any third party to, use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program algorithm or methodology, or any comparable manual process, to access, acquire, copy or monitor any portion of the Program.
- You agree not to interfere with or damage the operation of the Program or any Club Swan member’s enjoyment of it, by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code.
- Depending on applicable national, federal, state, and local tax laws applicable to You, the distribution of Instant Rewards may be subject to taxes.
- You will be solely responsible for any and all tax liability applicable to You arising out of the Program (including fees, penalties or fines).
- You agree to provide Club Swan with information Club Swan may request in connection with applicable national, federal, state and/or local tax laws.
- You are responsible to indemnity Club Swan as a result of your action or inaction in connection with any tax liability You incur, including but not limited to Your failure to provide Club Swan with information.
- You agree that Club Swan is authorized to offset such tax liabilities from your Account or Instant Rewards.
- Under applicable national, federal, state or local law, property which is presumed abandoned may under certain circumstances escheat to the applicable governmental entity after a certain amount of time, as determined by the law applicable to You. Unless required by applicable law, Club Swan is not obliged to notify You in case Your Voucher or Accounts qualify as unclaimed property.
- You accept and agree that any amounts that remain in Your Vouchers or Account after such statutory period will be reported as unclaimed property, and Club Swan may be required to escheat any funds remaining in Your Accounts to Your last-known jurisdiction.
- Club Swan shall have no liability to You, Your respective heirs, legal representatives, successors and assigns, or any other party, should any or all the remaining funds in Your Vouchers or Account escheat by operation of law.
- Limitation of Liability
- IN NO EVENT SHALL CLUB SWAN ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND REPRESENTATIVES BE LIABLE TO YOU OR ANY THIRD PARTY FOR DAMAGES OF ANY KIND INCLUDING BUT NOT LIMITED TO ANY LOSSES, DAMAGES, INJURIES, COSTS OR DISABILITIES THAT YOU MAY SUFFER WHILE CONSUMING, USING OR EXPERIENCING ANY OF THE PRODUCTS OR SERVICES YOU ACQUIRED USING A VOUCHER.
- CLUB SWAN IS NOT LIABLE FOR YOUR INABILITY TO USE A VOUCHER BY REASONS OUTSIDE ITS CONTROL, INCLUDING BUT NOT LIMITED TO WHETHER OR NOT THE PARTICIPATING MERCHANT IS STILL IN BUSINESS. IN SUCH CASES, THE VOUCHER WILL EXPIRE, AND YOU MAY NOT RECEIVE CASH, MONEY, OR ANYTHING OF VALUE IN EXCHANGE FOR SUCH VOUCHER.
- CLUB SWAN SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF THE USE OF, ACCESS TO, RELIANCE ON, INABILITY TO USE OR IMPROPER USE OF THE PROGRAM, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF THE FORM OF ACTION.
- No Warranty
- TO THE FULLEST EXTENT PERMITTED BY LAW, CLUB SWAN MAKES NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, OR REPRESENTATIONS WITH RESPECT TO THE QUALITY, MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR USE OR PURPOSE OF ANY PRODUCT OR SERVICE THAT YOU PURCHASED USING A VOUCHER.
- INCLUSION OF A PARTICIPATING MERCHANT IS NOT AN ENDORSEMENT OF THAT BUSINESS BY CLUB SWAN. IN ADDITION, CLUB SWAN DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THE PROGRAM IS ACCURATE, COMPLETE OR CURRENT, AND IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS THEREIN OF FOR ANY ADVERSE CONSEQUENCES RESULTING FROM YOUR RELIANCE OF ANY ASPECT OF THE PRODUCTS.
- FURTHER, CLUB SWAN MAKES NO REPRESENTATIONS AND WARRANTIES THAT THE PROGRAM WILL BE UNINTERRUPTED, SECURE OR FREE OF ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS.
- Club Swan reserves the right to terminate Your Membership, Account and/or Your participation in the Program for failure to comply with these Terms, any fraud or abuse relating to the accrual of Instant Rewards, misrepresentation of any information provided to Club Swan or Participating Merchants, violating the terms and conditions of any Participating Merchant or any other reason deemed appropriate by Club Swan’s sole and exclusive discretion.
- If Your Membership is terminated or cancelled, for any reason, You will not be eligible to redeem any Voucher You may have or earn Instant Reward(s). Any rights You have to the Vouchers will terminate. Any Voucher You have after the termination of Your Membership will automatically expire and You will not obtain any cash, money, or anything of value in exchange for Your Vouchers.
- You agree to indemnity and hold Club Swan, its affiliates and their respective parents, subsidiaries, officers, directors, employees, agents and representatives harmless from any claim or demand, including reasonable attorney’s fees, made by any third party due to or arising in any way out of : (a) Your participation in the Program, (b) Your use of the Voucher(s), (c) any violation of these Terms by You, (d) the violation, infringement or misappropriation by You, or another person using Your account, of any intellectual property or other right of any person or entity.
- You agree that we may contact You at the address, email, phone number, or other contact information You provided for the purposes of the Program. You agree that any notices, agreements, disclosures, or other communications that Club Swan sends to You electronically will satisfy any legal communication requirements.
- Other terms applicable to the Program and/or provisions not expressly included herein, shall be supplemented and governed by the Club Swan Membership Agreement and the provisions contained therein, incorporated herein by reference, including but not limited to Governing Law, Disputes, Assignability, Severability, Enforceability, etc.
* Please refer to the Club Swan Cardholder & Multi-Currency E-Money Account Terms and Conditions for the fees associated to the Club Swan card and currency accounts. This is a separate agreement and contains its own fee schedule.
** Please refer to Club Swan Referral Program Terms and Conditions for more details regarding the Club Swan Referral Program.
*** Please refer to the Club Swan Digital Asset Agreements for more details regarding this service.