AMCHAM MEMBER BENEFIT CLUB

AmCham Member Benefit Club Terms and Conditions

General information’s

AMCHAM MEMBER BENEFIT CLUB services belong to the association American Chamber of Commerce in Luxembourg, a.s.b.l. (here “AmCham”), which legal address is at 6, Rue Antoine de Saint-Exupéry L-1432 Luxembourg, registered at the Registre du Commerce de Luxembouurg under the number F.1274.

 

The Member (Customer) is required to carefully read these general terms and conditions. By continuing the reservation or by registering during the presentation of the “terms and conditions”, the user indicates that he has read and accepts its content. These terms and conditions are subject to change. When these terms and conditions change, the new version will be posted on the website.

 

The customer declares on honor that the information he provides, whether it is information relating to his personal identity or to others, is real and sincere. The customer is informed that the use of a false identity and the dissemination of false information may give rise to civil and / or criminal proceedings.

 

Use of the AMCHAM MEMBER BENEFIT CLUB services is strictly reserved for adults of full age. Minors cannot be member of AMCHAM MEMBER BENEFIT CLUB services and may only have a membership card / number requested and owned through their legal representant.

Services

The service offered by AMCHAM MEMBER BENEFIT CLUB allows Customers (Members) to find a merchant that offers discounts on the products and / or services the merchant sells to Members of AMCHAM MEMBER BENEFIT CLUB based on the presentation of its membership card or number.

 

The Member is informed that AMCHAM MEMBER BENEFIT CLUB has no responsibility for the accuracy of the information provided by traders concerning products and / or service sold and /or provide or any other information.

 

AMCHAM MEMBER BENEFIT CLUB only provides a service that is limited to the publication the name, address and discount offered by merchants Members of AMCHAM MEMBER BENEFIT CLUB.

 

The Member is informed that AMCHAM MEMBER BENEFIT CLUB is only a service provider of an internet tool and therefore has no responsibility to intervene in the event of a commercial transactions. 

Responsibility of the AMCHAM MEMBER BENEFIT CLUB services

AMCHAM MEMBER BENEFIT CLUB makes sure to provide quality service to its members and to resolve any system failures that may arise as quickly as possible. Whenever possible, AMCHAM MEMBER BENEFIT CLUB will inform its members in advance of any availability restrictions due to maintenance activities.

 

The member is informed that the communication transmission systems, the computer systems providing the hosting of the web portal or the computers of merchants or practitioners can be sensitive, like any computer system, to breakdowns. 

 

The member waives any recourse against AMCHAM MEMBER BENEFIT CLUB, hence AMCHAM, or its affiliated entities due to a technical failure in the use of the services offered or a lack of use by the merchant. AMCHAM MEMBER BENEFIT CLUB implements best practices to provide high availability, confidentiality and integrity for its services, but AMCHAM MEMBER BENEFIT CLUB is only subject to an obligation of means in this regard. The member is not entitled to claim damages for malfunction of communication systems or computer equipment outside the power of AMCHAM MEMBER BENEFIT CLUB.

 

Merchants registered at AMCHAM MEMBER BENEFIT CLUB services assume full responsibility for managing the products services they sell and / or provide, and the discount they offer to members of the AMCHAM MEMBER BENEFIT CLUB.

 

In order to protect the confidentiality of information in transit, AMCHAM MEMBER BENEFIT CLUB implements specific security measures to ensure the security of communications on the Internet. The member is informed that AMCHAM MEMBER BENEFIT CLUB is not responsible for violations of the confidentiality of electronic messages or other information transmitted due to the incorrect application by the member of the security instructions associated with his own system.

Personal Data

In addition to the clauses governed by this Contract, AMCHAM MEMBER BENEFIT CLUB undertakes to implement all the measures necessary to comply with the Applicable Laws concerning the processing of personal data as well as the special clauses included in the specific agreement governing such same processing.

 

For the purposes of this clause:

Applicable Laws means all applicable laws, regulations and laws relating to marketing, promotion, data protection and privacy protection (as well as all codes of practice and guidelines published by a competent regulatory body ), including REGULATION (EU) 2016/679 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46 / EC (General Data Protection Regulation), Directive 2009/139 / EC, all national laws transposing the previous Regulation and the Directives (and any related legislation), as well as any code of practice relating to it.

 

Special clauses 

means all the clauses annexed to this agreement relating to the conditions for implementing personal processing and described in the AMCHAM MEMBER BENEFIT CLUB Services Privacy Policy. AMCHAM MEMBER BENEFIT CLUB expressly invites the member to consult the document entitled “the privacy policy (available soon)” of the AMCHAM MEMBER BENEFIT CLUB services which is an integral part of these general terms and conditions.

Data management

AMCHAM MEMEBER BENEFIT CLUB is concerned about respecting your privacy when you visit their website and realize the importance you attach to it. We therefore endeavor to respect your privacy in connection with your use of this site. AMCHAM MEMBER BENEFIT CLUB only collects personal data (surname, name, address e-mail address, etc.) you transmit to us personally. They are used to provide the service or information requested. Where appropriate, we will send you, with your permission, commercial messages relating to promotions and new products. You’ll still be able to let us know that you do not wish to receive such commercial messages.

 

The user is informed that, exceptionally, a small group of AMCHAM technicians, or subcontractors, can access confidential user dataz for reasons related to the maintenance or repair of their service. The user is also informed that such personnel have contractually agreed not to disclose this information and are bound by a non-disclosure agreement. However, this information could be disclosed in the event of legal proceedings or judicial investigations.

Information disclosure

The AMCHAM MEMBER BENEFIT CLUB reserves the right at all times to disclose any information about the Member, his participation in and use of the Services as the AMCHAM MEMBER BENEFIT CLUB deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in the AMCHAM MEMBER BENEFIT CLUB’s sole discretion.

 

The Member will use all reasonable skill, care and attention to ensure that all necessary information required to perform the Services is provided to the AMCHAM MEMBER BENEFIT CLUB on a timely basis by him and on his behalf (and by and on behalf of the Company) and is accurate, complete and not misleading. He will also notify the Member if he subsequently learns that the information provided is incorrect or inaccurate or otherwise should not be relied on.

Participation In or Use of Services

The Member acknowledge that he is participating in or using the Services at his own free will and decision. The Member acknowledge that the AMCHAM MEMBER BENEFIT CLUB does not have any liability with respect to his access, participation in, use of the Services, or any loss of information resulting from such participation or use.

Disclaimer of Warranties

To the maximum extent permitted by applicable law, the AMCHAM MEMBER BENEFIT CLUB provides the Services “as is” and with all faults, and hereby disclaim with respect to the Services all warranties and conditions, whether express, implied or statutory, including, but not limited to, any (if any) warranties, duties or conditions of or related to: merchantability, fitness for a particular purpose, lack of viruses, accuracy or completeness of responses, results, workmanlike effort and lack of negligence. Also, there is no warranty, duty or condition of title, quiet enjoyment, quiet possession, correspondence to description or non-infringement. The entire risk as to the quality or arising out of participation in or the use of the Services, remains with the Member.

Indemnification

The Member releases, and hereby agree to indemnify, defend and save harmless the AMCHAM MEMBER BENEFIT CLUB and the AmCham’s subsidiaries (whether or not wholly-owned), affiliates, divisions, and their past, present and future officers, agents, shareholders, members, representatives, employees, successors and assigns, jointly and individually, from and against all claims, liabilities, losses, damages, costs, expenses, judgments, fines and penalties based upon or arising out of his negligent actions, errors and omissions, willful misconduct and fraud in connection with the participation in or use of the Services. He further agrees in the event that he brings a claim or lawsuit in violation of this agreement, he shall be liable for any attorneys’ fees and costs incurred by the AMCHAM MEMEBER BENEFIT CLUB and the AmCham or its respective officers and agents in connection with the defense of such claim or lawsuit.

Termination rights

Each of the Parties will have the option of terminating this Agreement by giving written notice to the other Party by registered letter with a notice period of one (1) month.

 

The AMCHAM MEMBER BENEFIT CLUB reserves the right to terminate any Service at any time.  The AMCHAM MEMBER BENEFIT CLUB further reserves the right to terminate the Member participation in and use of any Services, immediately and without notice, if he fails to comply with the terms and conditions/

 

Any notifications made by registered letter in execution of this Agreement are assumed to be made on the date mentioned on the registered letter, even though the date on the receipt being paramount.

Severability

In the event that any provision or portion of those terms and conditions are determined to be invalid, illegal or unenforceable for any reason, in whole or in part, the remaining provisions of those terms and conditions shall be unaffected thereby and shall remain in full force and effect to the fullest extent permitted by applicable law.

Applicable Law

These terms and conditions are governed by Luxembourg law. In the event of a dispute, the Courts of the City of Luxembourg will have sole jurisdiction. The invalidity of a clause of these general conditions, for any reason whatsoever, has no effect on the other clauses of these terms and conditions.

 

For any legal or ethical questions, the AMCHAM can be contacted by email at the following address: mbc@amcham.lu