TERMS AND CONDITIONS
Download will be free at the official app-store of each device's operating system. When downloading the Club Premier application you expressly agree to be bound by these terms and conditions of use, as well as to grant the required access rights, according to the description and operation manual of your device.
Thank you for visiting Club Premier on the Internet "clubpremier.com" ("the Site") and/or downloading Club Premier's application hereinafter referred to as "The App" to your device. By accessing and using the App, you agree to be bound to the following agreement without limitation or qualification, so we ask you to carefully review this Agreement before proceeding. If you do not intend to be legally bound by these terms and conditions, do not access or use the Site and/or download the application. PLM Premier, S.A.P.I. de C.V. ("Club Premier") reserves the right to modify and/or replace this agreement and make changes to any services, products, or programs described in the Site and in the App at any time. Any modification or replacement to the document shall be binding and therefore you should periodically visit this page when you use the Site and/or the App, to review the then valid agreement. Premier Club also reserves the right, in its sole discretion to deny access to the Site and to the App at any time. Club Premier occasionally executes agreements with third parties to provide its customers the opportunity to obtain services, products, or special prices offered by third parties. It will not be deemed a breach to this agreement when acting in accordance with the terms and conditions of Club Premier. Similarly, the terms and conditions in this agreement will be considered broadened to the extent necessary to permit such third parties to operate within the terms of a written agreement entered into with us. The headings in this agreement are merely informative and shall not be used to interpret the agreement itself.
Intellectual Property Notices
- Unless otherwise specified, all Club Premier account information, articles, data, images, passwords, Personal Identification Numbers ("PINs"), screens, text, usernames, Internet sites, and other material (collectively "Content") appearing on the Site and in the App are exclusive property of Club Premier, its subsidiaries and/or its affiliates.
- All information, products, services, software, trademarks, service marks, badges, logos contained or used on the Site and/or in the App (the "Content") is copyrighted by Club Premier.
- Images of people, objects or places displayed on the Site and/or in the App are the property of Club Premier, or used with proper authorization.
- You are not allowed to copy, display, distribute, download, license, modify, publish, forward, reproduce, reuse, sell, transmit, use to create a related work, or otherwise use the Site's and/or App's content for public or commercial purposes. Nothing contained on the Site and/or App shall be construed as granting, explicitly or implicitly, any license or other intellectual property right by estoppels, implication or otherwise.
Limitations of Use
Club Premier provides the Site and the App just to allow you to determine the availability of goods, services and promotions offered on the Site and the App, and to conduct business in some other way with Club Premier, and for no other purpose. The Site and/or the App are for your personal and noncommercial use. You agree to use the services of the Site and/or the App only for legitimate business for yourself or another person on behalf of whom you are legally authorized to act under the terms of this Agreement.
You agree that without limitation, you will not conduct fake business or otherwise in Club Premier, in advancing a claim. You agree to be bound by the terms and conditions imposed by Premier Club including, but not limited to, payment of all amounts when due and compliance with all rules regarding availability of tickets, products, or services. You are fully responsible for all assessments, charges, duties, fees, and taxes arising from your use of the Site and/or the App.
Your account's information is the exclusive property of Club Premier. You can access your account information through the Site and/or the App. You may under your strict liability grant access to your account to members of your family or to a person under your supervision; Club Premier disclaims any liability for any misuse of your account by such person. You cannot grant access to your account to a third party's Internet service, including, without limitation, any Premier Kilometers’ management service, or equivalent in miles, Premier Kilometers’ registration service, or equivalent in miles or Premier Kilometers’ gathering service or its equivalent in miles.
You must access to your account directly through the Site or the App and not through any third party's Internet service, including, without limitation, any Premier Kilometers’ management service, or equivalent in miles, Premier Kilometers’ registration service, or equivalent in miles or Premier Kilometers’ gathering service or its equivalent in miles. You also breach this agreement if you allow a Club Premier member to access account's information without visiting the Site and/or the App
You agree that you will not misuse the Site and/or the App. The term "Misuse" includes, without limitation, using the Site and/or the application to perform any of the following:
- Distribute, disseminate, post or publish any information or material that degrades, embarrasses, harasses, humiliates, intimidates, or threatens any individual or group of people based on their age, parents, color, ethnicity, marital status, medical condition, mental or physical disability, national origin, race, sex, sexual orientation, union membership or non-union, or any other basis protected by federal, state or local.
- Abuse, defame, annoy, harass, threaten or in some other way infringe the legal rights of others including, but not limited to, the rights of privacy and publicity.
- Download or upload files that may damage the operation of another person's computer, such as computer viruses, corrupted files, or similar software.
- Download or upload files that contain materials including, but not limited to, the software that infringes intellectual property rights, privacy or advertising of others unless you own, control or have been authorized to assert such rights.
- Declare incorrectly or omit the origin or source of any file you download or upload.
- Download or upload files that do not contain the announced exclusive language, references to the author and/or copyright notices, patent or trademark.
- Distribute, divulge, post, or publish any material or information indecent, which infringes rights, obscene or illegal.
- Engage in any commercial purpose including, but not limited to:
- Advertise or offer to sell any goods or services.
- Conduct contests or surveys.
- Distribute chain letters, advertise any Ponzi, or pyramid scheme.
- Advertise or offer to sell any business opportunity, direct sales opportunity, employment, independent contractor positions, multi-level sales opportunity, or values.
- Post, send or otherwise disclose confidential information, trade secrets, or other proprietary data confidential and/or protected from any person or entity including, without limitation, PLM Premier, SAPI de CV or any of its subsidiaries or affiliates.
- Download or upload files that you know, or reasonably should know, that cannot be legally distributed through the Site or the App.
- Copy or create derivative works, display, distribute, license, perform, publish, recreate, reproduce, sell, transfer or transmit any information, products, services, or software obtained by, from or through the Site or App.
- Monitor or copy any Content by any manual process, or any robot, spider, or any other automatic device, without the prior written consent of Club Premier.
- Acting as an agent or attorney of any person other than:
- Immediate family member, or
- Your direct supervisor at your workplace.
- Engage in any action that imposes or may impose an unreasonable or too large load in our Site or App's infrastructure.
- Act as a management service of Premier Kilometers or equivalent in miles, a service of Premier Kilometer’s registration or its equivalent in miles or a service to gather Premier Kilometers or the equivalent in miles for any member of Club Premier.
- Access information of any member of Club Premier that is protected by the site's connection and announces it on any other website, with or without the prior consent of the Club Premier member.
- Use a password or personal identification number of a Club Premier member during the connection, unless you are:
- The Club Premier member who is assigned such password or identification number (the "Authorized Club Premier Member");
- A family member of the Authorized Club Premier Member, acting with the permission of the Authorized Club Premier Member, or
- An employee of the Authorized Club Premier Member, acting with the permission of the Authorized Club Premier Member, or
- Engaging in any other behavior that is, or Club Premier deems is, in conflict with this agreement. Club Premier prohibits such Misuse and access to the Site or the App for that Misuse, and other similar purposes shall be deemed an unauthorized use of the Site.
No warranty from Club Premier
The Content may have inaccuracies and/or typographical errors. Club Premier may alter, change, or improve the Content at any time without notice. Premier Club makes no representations or warranties as to the completeness or accuracy of the Content, and no commitment to update it. Premier Club makes no representations about the suitability of the Content for any purpose. USING THE SITE AND/OR THE APP IS AT YOUR OWN RISK. THE CONTENT IS PROVIDED "AS IS" AND WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF EXPECTATION OF PRIVACY, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, AND NON-INFRINGEMENT OF LAWS OR PROPERTY. IN NO EVENT, CLUB PREMIER OR ITS AFFILIATES SHALL BE LIABLE FOR ANY DAMAGES (WHETHER CONSEQUENTIAL, DIRECT, INCIDENTAL, INDIRECT, PUNITIVE, SPECIAL OR OTHERWISE) ARISING FROM OR RELATING TO THE USE OF OR INABILITY TO USE THE SITE OR THE APP OR ANY OF THE CONTENT OBTAINED FROM OR OTHERWISE IN CONNECTION WITH THE SITE OR THE APP. IN EACH CASE, WHETHER SUCH DAMAGES ARE BASED ON CONTRACTS, NET LIABILITY, TORT OR OTHER THEORIES OF LIABILITY, AND ALSO REGARDLESS OF WHETHER CLUB PREMIER RECEIVED A REAL OR IMPLIED NOTICE OF THE POSSIBILITY OF INCURRING IN SUCH DAMAGES.
Club Premier does not warrant or represent that the way you use the information and material found on the Site or the App will not infringe the intellectual property rights of third parties. Club Premier is not responsible for any viruses or other damage to your computer equipment or other property due to the access, browsing, or use of the Site or the App or because you download any audio file, data, images, materials, photographs, text, or video from the Site or from The App. Since Club Premier offers services and products in many parts of the world, the Site or the App may relate to certain goods, products, and/or services that are not available in your area. Any reference to goods, products, and/or services without limiting their geographic scope does not imply that Club Premier offers or intends to offer those goods, products, and/or services worldwide.
Club Premier and its affiliates intend to be as accurate as possible. However, Club Premier does not warrant that products' descriptions or other content of this Site or the App are accurate, complete, reliable, current, or error-free. If a product offered by Club Premier through the Site clubpremier.com and/or the App is not as described, your only recourse is to contact Customer Service directly.
Downloading and using the mobile application
- When you accept to download the App from the App-store, you agree to be bound as stated in this agreement for downloading and using the App:
- When downloading the application, you agree that Club Premier, its affiliates and subsidiaries, may use the information you provided in order to offer you personalized services during the lifetime of the App.
- The App is part of the services offered by Club Premier to its members; therefore, to use it, you must provide your Club Premier account number and your password.
- All information and/or data provided by Club Premier through the App shall be used solely for informational purposes.
- Club Premier disclaims any liability for any losses in the device resulting from the use of the App.
- The App may include links to Web sites or services operated by affiliates of Club Premier, or third parties. Club Premier, its Affiliates, and subsidiaries are not responsible and do not guarantee or represent the sites and/or services provided by third parties.
- The user acknowledges and agrees that there may be errors in the Content and/or in the App's software. Club Premier does not guarantee the completeness or accuracy of the content of the App's software, regarding errors that might damage your information or device, and does not commit to perform any updates.
Use of the information you provide to Club Premier
You may not use a fake email address, impersonate any person or entity, or otherwise disguise the origin of a card or other content. Club Premier reserves the right (but not the obligation) to remove or edit such content.
For use of certain services, we may provide you with a pass code. This pass code is the exclusive property of Club Premier. However, you must take precautions to protect the security of your pass code. Club Premier does not assume any responsibility, and shall not be liable if someone else knows your pass code or uses your pass code to cause you damage.
Although Club Premier takes reasonable measures to safeguard and prevent unauthorized access to your private information, we cannot be responsible for the acts of those who get unauthorized access, and we do not extend any warranties, express, implied or of any other type that we will prevent unauthorized access to your private information. IN NO EVENT, CLUB PREMIER OR ITS AFFILIATES SHALL BE LIABLE FOR ANY DAMAGE (CONSEQUENTIAL, DIRECT, INCIDENTAL, INDIRECT, PUNITIVE, SPECIAL OR OTHERWISE) ARISING FROM OR IN CONNECTION WITH THE UNAUTHORIZED ACCESS FROM ANY THIRD PARTY TO YOUR INFORMATION, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, NET LIABILITY, TORT OR OTHER THEORIES OF LIABILITY, AND ALSO REGARDLESS OF WHETHER CLUB PREMIER RECEIVED A NOTICE REAL OR IMPLIED THAT SUCH DAMAGES WERE POSSIBLE
Links to other sites and to "the Site"
Club Premier specifically denied permission to form links or provide references to the Site or the App, unless you are authorized to do so under a separate written agreement with Club Premier. Club Premier also denies permission to use any material protected by trademark or copyright for providing such hyperlinks or references, unless you are authorized to do so under a separate written agreement with Club Premier. Club Premier is not responsible for sites that provide hyperlinks or references to the Site unless those sites are operated by Club Premier itself.
Your communication with us
Club Premier will not treat as confidential any communication you send to us by email or by some other means. Club Premier has no obligation not to publish, reproduce, or otherwise use your communications in any manner and for any purpose.
Club Premier does not accept or consider unsolicited proposals related to its business including, but not limited to, proposals for advertising campaigns, logos, names, processes, products, promotions, services, slogans, and technologies. Therefore, Club Premier asks you not send such proposals. Also avoid sending artistic creations, drawings, demos, designs, diagrams, photographs or original samples. Club Premier has adopted this policy to avoid claims regarding we have copied such unsolicited ideas without authorization when, in fact, we developed the idea independently or even long before receiving the unsolicited proposal. If you send us unsolicited proposals, then you are doing so in the understanding that Club Premier may use any concepts, ideas, invention, method, or techniques that you show in such communications for any purpose, including developing, manufacturing, and/or marketing goods, products, or services. Club Premier could do it without any obligation to compensate you for such use.
When you visit clubpremier.com, send us an e-mail, or download the App, you are communicating with us electronically. Therefore you agree to receive electronic communications from us. We will contact you by email, through notices on the Site and/or the App or through Club Premier's Newsletter. You agree that all agreements, notices, disclosures, and other communications that we send you electronically satisfy the legal requirements that such communications are in writing.
This agreement constitutes the entire agreement governing your access, processes, and use of the Site and the App. Other agreements may be executed separately for any goods, products, or services you obtain or use at the Site and the App.
If Club Premier does not exercise its rights under this agreement at any time, that shall not constitute a waiver of our right to exercise that right or any other right at any other time or against any other person or entity. If any provision of this agreement is void or unenforceable, then the invalid or unenforceable provision will be removed from this agreement without affecting the validity or enforceability of any other provision.
Any dispute relating in any way to your visit to clubpremier.com, the App or to products you purchase through clubpremier.com and/or the App shall be submitted to confidential arbitration in Mexico, Federal District, and you accept the exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted in accordance with applicable laws. The arbitral award shall be binding on all parties and may be submitted to any court of competent jurisdiction for the issuance of a final judgment. To the fullest extent permitted by applicable law, no arbitration under this agreement shall be joined to an arbitration related to another person subject to this Agreement, whether through joint arbitration proceedings or otherwise.