PLEASE READ THESE TERMS AND CONDITIONS. BY PARTICIPATING IN THIS PROGRAMME, YOU AGREE TO BE BOUND BY THESE TERMS AND ALL TERMS INCORPORATED BY REFERENCE.
1. Binding Definitions
In these Terms: i) 'Al Tayer Group' 'we', 'our' or 'us' means Al Tayer Group LLC for itself and its affiliated companies; ii) 'Amber' means the loyalty programme run by Al Tayer Group LLC, the entity with ultimate responsibility for the Programme, or any other company within the same group of companies; iii) 'Amber Assist' means the Amber programme customer service contact centre, details of which are available on the Website and other Programme enrolment documentation; iv) 'Application' means any Amber physical or electronic enrolment form whether online, digital, at point of sale or otherwise; v) 'Automatic Termination' has the meaning set out in Condition 3(g); vi) 'Card' has the meaning set out in Condition 3(e); vii) 'Earning Partners' means vendors authorized by Al Tayer Group from time to time to issue Amber Points when you purchase their qualifying goods and services; viii) 'Employee' has the meaning set out in Condition 3(b); ix) 'Family' means the principle family member, his or her spouse and their children over the age of eighteen (18) years; x) 'Mobile App' means the Amber mobile application intended for use on a mobile device; xi) 'Points' means the non-monetary Amber credit provided to you resulting from a purchase of qualifying goods or items on the terms stated below and not capable of exchange for any monetary currency or credit; xii) 'Redemption Partners' means vendors authorized by Al Tayer Group from time to time whom goods and services can be obtained in exchange for redemption of Points; xiii) 'Tier' has the meaning set out in Condition 4(a); xiv) 'Website' means www.myamber.com, or any successor website from time to time; xv) ‘Campaign Points’ means Points and/or bonus Points made available to you in respect of certain offers, schemes, deals or campaigns, including but not limited to birthday and/or anniversary schemes; xvi) ‘Campaign Period’ means the period for which Campaign Points are available and/or redeemable being +/- 1 week from the actual day of event that such Campaign Points relate to; and xvii) 'you', 'your' or 'principle member' means the individual named on the Application.
2. Binding Effect
Subject to Al Tayer Group accepting you into Amber, by signing in writing, or electronically accepting these Terms, by applying to join and/or joining the programme you agree that you have read and understood and agree to be bound by these Terms, including any Terms posted on the Website as the same may be varied by Al Tayer Group from time to time. Updated Terms supersede any terms agreed to by you and Al Tayer Group. It is your responsibility to remain aware of any such updates. We will publish the latest Terms on our Website.
3. Membership
- These Terms are void if entered into by an individual younger than eighteen (18) years of age.
- This programme is available to individuals for their personal use only and is limited to one account per individual. The programme must not be used for any business or commercial purposes and we may refuse to create an account for any reason.
- Officers and employees of Al Tayer Group (an 'Employee') are eligible to join Amber. However Employees may not accrue Points on transactions on which the Inner Circle discount is applied. Direct family members of Employees may become members, but neither they nor Employees are eligible to enter contests or win prizes.
- Al Tayer Group reserves the right to make the final decision to enter you into the Amber programme and reserves the right to terminate your membership and/or revoke your Points at any time. Al Tayer Group will not charge you for membership but enrolment for membership may be subject to minimum purchase requirements specified by us, from time to time.
- Al Tayer Group may, in its sole and absolute discretion, grant a Family membership. The rules relating to Family membership will be communicated to you upon entry into such membership.
- Al Tayer Group will issue you with an Amber membership number and/or Amber membership card in physical or digital form (the 'Card'). The Card will remain our property and membership may be withdrawn or cancelled by Al Tayer Group, for any reason. You are responsible for the security of your Card.
- It is a condition of the Programme that you provide Al Tayer Group with a valid email address for redemption of Points.
- Membership will automatically terminate in the event that Al Tayer Group determines that a member has acted fraudulently or has misused the Card or membership or in the event of a member’s death or bankruptcy ("Automatic Termination"). Please note that in the event of Automatic Termination, all accrued points will be lost.
- If you do not earn or redeem Points within a 24 month period, your membership will be deactivated. Deactivation means Amber programme benefits may be withdrawn and you may not receive Amber programme communications. To avoid deactivation, please ensure that you transact at least once within the 24 month period. Your account will be re-activated as soon as you make your next transaction. For the avoidance of doubt, deactivation is in addition to any Points loss which may arise due to non-redemption as further described in Condition 6 below and such Points will not be reinstated upon reactivation.
- You may cancel your membership at any time by emailing assist@myamber.com. Al Tayer Group reserves the right to request appropriate identification from you in support of such membership cancellation prior to processing. To assist us in improving our programme, we would be grateful if you could provide the reason for cancelling your membership. Once cancelled, all benefits will immediately cease. Al Tayer Group will not be liable to you in any way for Points loss due to cancellation through Automatic Termination or otherwise.
- Membership is for the member named on the Application only. Benefits and accrued Points are non-transferable unless agreed by us in writing.
4. Tier Membership
- Amber membership is divided into tiers based on Points earned by a Member in the preceding 12 month period (a "Tier"). The default entry Tier to the programme is Classic.
- A member's Tier will automatically be upgraded at the time the Member meets a higher Tier’s qualifying Points threshold. From 2 April 2019 or for Members joining after 2 April 2019 from their date of upgrade, Members will also be automatically downgraded if in subsequent 12 months the Member fails to meet the Points threshold for that Tier.
- Tier upgrades and maintenance are dependent on a Member earning sufficient Points to qualify to stay in their existing Tier or move to a higher Tier.
- Tier benefits and the thresholds required for qualifying for Tier upgrades are displayed on the Website and are subject to change from time to time in Al Tayer Group’s sole discretion. Tier upgrade will be automatic once the Points threshold applicable to another Tier has been reached.
- Certain benefits are based on the Tier level achieved by you.
5. Breach of Terms and Conditions
Al Tayer Group reserves the right to cancel your membership of Amber, use of the Mobile App and Website and/or withdraw any Points earned if you breach any of these Terms, fail to pay for any purchase or provide false or misleading information on the Application.
6. Points
- Al Tayer Group and our Earning Partners and Redemption Partners will determine from time to time which goods or services purchased by you will earn Points including the number of Points awarded. Al Tayer Group may from time to time at its sole discretion amend or impose additional conditions to redemption, such as varying minimum redemption thresholds. You may only earn Points when making purchases from Earning Partners and only redeem Points with Redemption Partners, or as otherwise permitted by us from time to time in writing. Redemption conditions, Earning Partners and Redemption Partners will be available on the Website and/or on Amber programme documentation.
- Unless specifically stated, no Points will be earned during a sale or promotion, on discretionary discounts, on gift card redemptions, on returned items for which a cash (or a gift card) refund is given or when a special offer is in effect. Points will not be awarded on the portion of a transaction which you fund through Points redemption.
- To collect Points, you must show your Card or quote your membership number at the time of purchase. Points are awarded only for qualifying goods or services actually supplied and paid for.
- Your Amber programme Points statement will be made available to you on a monthly basis. Missing Points, supported by appropriate proof of purchase and identity, can be claimed by contacting Amber Assist on +971 442 23200 (UAE, BAH, KSA, KWT, QTR) or through an Amber desk up to 90 days after the transaction to which they relate. Al Tayer Group reserves the right to correct your Points record as we consider appropriate at any time. Al Tayer Group's decision is final and binding.
- Unless redeemed, Points will expire on the earlier of: (i) twenty-four (24) months from the date on which they were earned provided that such expiry will only be effected on the immediately following membership anniversary day; or (ii) termination of your Amber membership.
- Al Tayer Group may, at its discretion, from time to time, provide you with the opportunity to accrue Campaign Points on selected purchases (excluding gift cards, as set out in Condition 6(g)), made on specific dates subject to the relevant terms and conditions relating to such Campaign Points which shall be set out on the Website, the Mobile App and any applicable communications with you in respect of such Campaign Points, which may be amended by Al Tayer Group from time to time.
- Gift card purchases shall accrue Points on a standard basis and shall not, under any circumstances, accrue Campaign Points.
- The number of Points awarded to or earned by you shall be based on the VAT exclusive price of Products (by way of example, and for illustration purposes only, if a Product’s VAT exclusive purchase price is 50AED, with 2.5AED VAT, you will be awarded/earn 50 Points in respect of that Product).
- Campaign Points will be awarded pursuant to the Member’s Tier. Such Campaign Points can be accrued and/or redeemed within the Campaign Period and are rewarded on a minimum spend of AED 2500 on a single transaction, valid for a maximum of 3 transactions during the relevant Campaign Period.
7. Redemptions
- You may, at our discretion and subject to the Terms herein and on the Mobile App, purchase products or services and/or be eligible for offers and/or discounts from Redemption Partners entirely or partially through the redemption of Points.
- Al Tayer Group shall not be held liable for any failure on the part of a Redemption Partner to accept any redemption request. Any Points redemption is subject to availability, advance booking requirements (if necessary), cancellation restrictions or any other terms and conditions as stipulated by the Redemption Partner and/or on the Mobile App.
- Al Tayer Group will not be liable for any goods, services, offers and/or discounts purchased and/or accessed with the Card, Mobile App or through your membership number.
- You may redeem Points by requesting redemption of Points from any Redemption Partner (subject to its and/or the Mobile App’s terms and conditions) against purchases of goods and/or services and/or eligible offers and/or discounts by presenting your Card at participating stores and/or through the Mobile App. The relevant number of Points will be deducted from your points balance. We, and our Redemption Partners, reserve the right to: (i) require suitable identification before allowing any redemption of Points; and (ii) decline a Points redemption request for legitimate reasons, including but not limited to, expired points or non-qualifying redemption items.
- Any and all benefits made available to you through the Amber programme (including but not limited to any Campaign Points, gifts, offers and/or attendance at events), as notified by us to you, are available whilst supplies and/or availability lasts and substitutions may be made in our sole discretion.
- Redeemed Points cannot be used again.
8. Mobile App and Website
- Al Tayer Group reserves the right to provide you with access to the Mobile App and/or the Website by means of a password and login code through which we may send or make available to you Points statements and other Programme information from time to time. We reserve the right to withdraw your use of the Mobile App or access via the Website at any stage without prior notice or providing reasons. Al Tayer Group is not responsible for the security of your password or login code to the Mobile App and/or Website.
- Al Tayer Group will not be held responsible for the availability and/or accuracy of any information sent through the Mobile App or made available via the Website. Any information sent is intended for your personal information and is intended only to be communicated to you. We are not obliged to provide, sell, offer, discount or provide any items under sale to you through us or our Earning Partners and Redemption Partners, for the price communicated to you. Any information or rewards communicated to you using the Mobile App or available on the Website is not an irrevocable offer to contract and shall not be considered binding upon us in any manner whatsoever.
- The Website and the Mobile App may contain hyperlinks to websites operated by Al Tayer Group or by third parties. These hyperlinks are provided for your reference only and your use of these sites may be subject to terms and conditions posted on them. Our inclusion of hyperlinks to third party websites does not imply any endorsement of the material on such websites and we accept no liability for their operation or content. Any liability we have for other Al Tayer Group websites will be as per the terms and conditions of those websites. You agree that when using the Website or the Mobile App you will not:
- upload any files that contain software or other material protected by third party intellectual property rights unless you have obtained all necessary consents;
- upload any files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer; or delete any author attributions, legal notices, or proprietary designations or labels in any file that is uploaded.
9. Your Personal Information
- You acknowledge and agree that we collect your personal information, in accordance with the terms of our Privacy and Cookies Policy, accessible and that you will be bound by the most recent update of the policy appearing on our Website. Where it is practicable, we may notify you by email of any significant changes. However, it is therefore your responsibility to continue to check our Privacy and Cookie Policy for updates.
- You acknowledge and agree that all information you provide to Al Tayer Group is true and accurate, and that you will notify us if there is any change in your name, email address or other personal details.
10. Intellectual Property Rights
All copyright, trademarks, design rights, patents and other intellectual property rights (registered and unregistered) in and on the Website, Mobile App and the Amber programme generally belong to Al Tayer Group, its group companies, licensors and/or third parties. Al Tayer Group reserves all of its rights in relation to Amber, the Website and the Mobile App. Nothing in these Terms grants you a right or licence to use any trade mark, design right or copyright owned or controlled by Al Tayer Group or any other third party.
11. General
- Al Tayer Group reserves the right at any time and without prior notice to change or add to these Terms, the qualifying goods and services, and our Earning Partners and Redemption Partners, and to suspend, amend or terminate the Amber programme, notwithstanding that such change may result in reducing or extinguishing the number, value or period of expiry of any existing or future Points.
- You must immediately notify Amber Assist of any loss of your Card or if you think your password or login has been compromised. We will not be held liable for any loss, theft, damage, or unauthorized use of your Card, membership number or Points. Any replacement Card is provided at our discretion and a charge may apply for the issuance of replacement Cards.
- All conditions and warranties, whether expressed or implied and whether arising under legislation or otherwise, as to condition, suitability, quality, fitness or safety of any Points awarded or products or services purchased are expressly excluded to the fullest extent permitted by law. Any liability that cannot be fully excluded is limited to replacing, repairing, or crediting the value of Points redemption at our sole discretion.
- Neither Al Tayer Group, the Earning Partners nor the Redemption Partners will be responsible or liable whatsoever for any direct, indirect or consequential loss, damage, cost or liability arising from the use of the Card, the Website or the Mobile App, from your participation in the Amber programme, or any other action or omission arising as a result of the these Terms or arising out of the Amber programme. Should Al Tayer Group, its group companies, any Earning Partners, or any Redemption Partner be found responsible or liable to you, such responsibility or liability shall be limited to the value of any Points standing to your credit at that time.
- To the extent there is an inconsistency between the terms of these Terms and the terms set out on the Website and/or the App, the terms of the Terms shall take precedence.
- Earning Partners and Redemption Partners do not have any authority, express, or implied, to make any representation or warranty on our behalf.
These Terms are governed by the laws of Dubai and the federal laws of the United Arab Emirates. In the event of any dispute, you agree to submit to the exclusive jurisdiction of the courts of the Emirate of Dubai.