GENERAL TERMS AND CONDITIONS FOR BE 5 CLUB USERS
Version: APRIL 2022
BeFive FZE LLC, a company organized under the laws of the United Arab Emirates, registered in the United Arab Emirates (registration number 4719, address Bronze Package – A-28-01-01-11- Flamingo Villas, Ajman . ("Company") and you - the user ("User") and establishes the conditions for the use of the following intellectual property objects of the Platform that make up the Company's Software Complex:
- The Company's website www.be5.club:
- Personal account located on the official website of the Company on the Internet www.be5.club
Any legally capable natural person who has reached the age of eighteen can act as a user under this provision.
Basic terms:
"Software package" - a site on the Internet www.be5.club and also unique
software of the corresponding functionality
"Personal Account" - the User's account in the Software Package, a closed section of the Platform, intended for use only by the User personally.
"User Account" - a record stored in the relevant computer program. Containing the information necessary to identify the User when providing access to the Personal Account. Such a record includes, among other things, the User's login and password (or other similar means of authentication).
"Registration fee" - a one-time fee for the use of the Software Complex, subject to payment of which, the Company provides access to the Personal Account with the functionality provided for the initial status of "Registered User".
"User" - you, that is, an individual who is on the Platform at the moment.
"Platform" - the Be5.club software package owned by the Company and available at : www.be5.club
"Users" - individuals who have entered into an agreement with be5club on participation in be5club Marketing Program in accordance with the General Provisions, and remain so until the contract is terminated.
"Purchases" - purchases of goods and provision of services on the recommendation of be5club and from Loyal Partners.
"Loyal Partners" - companies that have a contractual relationship with be 5 club and from which Users can purchase goods, services, etc.
"Reward" - all the benefits that the User receives or is entitled to receive by participating in the be5club marketing Program .
“Be5Club Marketing Program” is an incentive event held by be5club that allows Users to receive rewards when completing tasks, participating in marketing events, as well as when buying goods and providing services recommended by be5club from Loyal Partners.
"User ID" - a unique number assigned to be5club , which serves to identify the User.
"Personal Account of the User" or "Personal Account " - the login area of the corresponding User on the be 5 club website (www.be5.club), a more detailed description of which is provided in paragraph 6.
"Invite" is an invitation (link generated by the be5.club platform ).
"Tasks" is a platform instruction sent to the User's Personal Account, according to be5club Marketing Program .
« Collateral Deposit " - a security deposit that the be5club platform freezes until the task of level 5 is completed, according to be5club Marketing Program .
1. The Subject of the Agreement
These General Provisions govern the procedure for registering as a User, as well as the procedure for conducting an incentive event among Users - participation in Marketing Events. In accordance with the General Provisions, the User is entitled to participate in Marketing Activities and receive related rewards. Users can make Purchases on the recommendation of be5.club from Loyal Partners. Registration and participation in Be5club Marketing Program are paid for the User.
These General Provisions are a public offer addressed to capable individuals who have reached the age required to participate in the Be5club Marketing Program that determines the conditions for the accession of these persons to the Be5club Marketing Program , without time limit for acceptance, but always at least 30 business days from the date of publication of the General Terms and Conditions of Business and / or their new edition, without the possibility of early withdrawal of the offer .
By submitting an application for registration, the User expresses his consent to these General Provisions in full, without any reservations or exceptions. In case of disagreement with any of the conditions, the User is obliged to stop participating in Be5club Marketing Program .
The terms of these General Provisions become binding on the User from the moment Be5.club receives the User's application for registration (acceptance by the User of a public offer).
2. Registration procedure
2.1 In order to register as a User, a person must fill out a registration form in the manner determined by be5club .
After completing the registration form, the person becomes a be5club User and receives a personal non-transferable identification number (“User ID”).
2.1.1 In Be5club Marketing Program can only be accessed by invitation of a current User who already participates in be5club Marketing Program , where the User shares a link ( Invite ) generated by the Be5.club platform indicating a unique ID number. This entitles the person to participate in the Be5club Marketing Program .
2.2 When registering, the User undertakes to provide be5club with complete, reliable and accurate information, which is in the sense of assurances about the circumstances relevant to the conclusion of the contract, its execution or termination. The User is aware that the information provided by the User is essential for be5Club and be5Club relies on it when concluding an agreement. The user undertakes to immediately notify be5Club of any changes in the personal data provided during registration (in particular: address, e-mail address, bank account details, telephone number( s ) , etc.). Be5Club has the right to demand compensation from the User for any losses and / or losses incurred by be5Club in connection with the violation by the User of the obligations set forth in this clause, including if, as a result of the provision by the User of incomplete or inaccurate or inaccurate information, be5Club will be held liable by third parties, and also has the right to withdraw from this agreement unilaterally out of court.
2.3 An individual or, if allowed to be5Club , a legal entity or an individual entrepreneur, is only entitled to register once (i.e. receive only one User ID). For registration, the User must indicate a home or work address (legal address). If the User attempts to register more than once in order to receive additional rewards, be5Club reserves the right to terminate the contractual relationship for good reason by unilateral extrajudicial refusal and withdraw any reward received in this way. If a User registers more than once, the last User ID will be deleted. Any rewards will be forfeited.
3. Be5club Marketing program
3.1 To reward Users for their participation in Be5club Marketing Program , be5Club concludes agreements with Loyal Partners, and also sends conditions to Users in the Personal Account to participate in Marketing Events.
3.2 The User is entitled to receive the Reward only for those Purchases in the online stores of Loyal Partners that were indicated to him on the site www.be5.club in his Personal Account, for the country in which the address of residence, delivery address or legal address of the User is located (according to registration).
3.3 Terms of payment of remuneration and being in be5club Marketing Program , is the execution of tasks sent by be5club to the User's personal account, in the Tasks section.
4. Content
4. be5Club has no influence on the design of Loyal Partners' (linked) online stores and is not responsible in any way for these websites. Be5Club has no relation to any content on these websites that may be illegal or contrary to common decency.
5. be5Club reserves the right to deviate from the guidelines set out in this document in relation to special promotions. Be5club is interested in offering its Users the widest possible range of opportunities for Purchases from Loyal Partners and negotiating significant discounts with Loyal Partners in order to offer Users significant offers. If other conditions in the form of special promotions are agreed with the Loyal Partner (as, for example, in the case of atypical Purchases, such as contracts in the field of communication services or travel services), Be5Club will refer to them separately on the website https://be5.club/.
5.2 To defrost - Collateral Deposit, the Purchase must be paid in full by the User, and there must no longer be any legal right to cancel the Purchase and/or refuse the Purchase by the User without giving reasons, i.e. in particular, any applicable Purchase cancellation period must expire. If these requirements are met, the Loyal Partner will confirm the Purchase and notify be5Club about it . Collateral Deposit as a result of the Purchases made, about which be5Club received information from the Loyal Partner before 23:00 on Sunday, will be credited to the User next week. Be5Club obliges Loyal Partners to report no later than within three months from the day when the requirements in accordance with this paragraph are met. Access to Collateral deposit It is possible for the User only after the Loyal Partner has informed be5club about it , and / or the User has attached a check to the appropriate field in the personal account. Be5club is not responsible for the timely transfer of information by the Loyal Partner.
6. User's personal account
6.1 be 5 club will provide each User with their own User Account on the website https://www.be5.club/ where you can view current and completed tasks Be5club Marketing Program , purchases made and information about rewards under the Be5club program Marketing Program at any time after entering a username and password. In case of unavailability of the be5Club websites and/or the User's Personal Account at https://www.be5.club/, be5club is only liable in accordance with clause 10.
6.2 The User must securely and confidentially store his data for access to his Personal Account of the User (username, password and) . Access to this information by third parties is prohibited. The user can change his personal settings at any time on the website https://www.be5.club/. At the same time, all actions performed on the be5club website , as well as on the websites of Loyal Partners using the User's Personal Account (including using the User's username, password) are considered to be committed by the User, unless the User has notified be5club in the manner provided for in clause 6.3, about the unauthorized use of their online access. The User is solely responsible for all actions and their consequences in the event of voluntary transfer of data to third parties for access to their Personal User Account.
6.3 The User undertakes to immediately notify be5club of any misuse and/or suspected misuse of their online access. After the immediate blocking of access, the User, in turn, will receive the changed login data by SMS, e-mail or mail. Be5club is not responsible for any damages caused to the User as a result of improper use of the online access, except as specified in clause 10.
7. All requests of the User regarding his personal data, including regarding the clarification of his personal data, their blocking or destruction if the personal data are incomplete, outdated, inaccurate, illegally obtained or not necessary for the stated purpose of processing, may be sent in writing directly to be 5 club at: [email protected]
Consent to the processing of personal data may be withdrawn by the User at any time in writing by sending a corresponding request to be 5 club at: [email protected]
The user can always request information about his personal data collected and processed by be5club and request the deletion of such personal data.
Personal data will only be stored for as long as it is necessary for the implementation of the be5club program Marketing Program, or until the consent to the processing of personal data is withdrawn by the User, after which personal data will be automatically deleted.
After be5club receives from the User the withdrawal of consent to the processing of personal data, be5club must stop processing the User's personal data or ensure the termination of such processing (if the processing of personal data is carried out by another person acting on behalf of be5club ) and if the storage of personal data data is no longer required for the purposes of processing personal data, destroy personal data or ensure their destruction (if the processing of personal data is carried out by another person acting on behalf of be5club ) within a period not exceeding 1 year. In cases established by law, be5club and other persons to whom the User's personal data were transferred have the right to continue processing personal data after the withdrawal of consent.
be 5 club website can be found in the Privacy and Data Protection Policy on the website www.be5.club ( www.be5.club ).
8.1 be5club uses internationally recognized security technologies to protect Users' data from unauthorized access. Be5club is not responsible for the security of data transmitted via the Internet, except as provided in Section 10 of these General Terms and Conditions.
9. Crashes in work be5club Marketing Program
9.1 The scope of functions provided by be5club is limited to the implementation of the be5club program Marketing Program in accordance with these General Terms and Conditions.
9.2 Rights and obligations in relation to Purchases made by the User from Loyal Partners arise exclusively between Loyal Partners and the User. Thus, be5club does not give any guarantees and does not assume any responsibility for the fulfillment of obligations by Loyal Partners, especially in case of non-fulfillment of any obligations or their improper fulfillment by the Loyal Partner.
10. Responsibility
10.1 Claims for damages are excluded. This rule applies in particular where be 5 club is innocent, such as, among other things:
(a) in the event of interruptions in the User's access to the Internet,
(b) in the event of other technical and electronic errors (i) during the transmission of data via the Internet and ( ii ) during
time of using the Internet platform be5club , provided that these errors were not caused by the fault of be5club ,
(c) in the event of technical and electronic errors not attributable to be 5 club that prevent the recording of Purchases made in the be5club program marketing program (in particular in the event of any tracking problems and related data loss),
(d) if mobile networks or terminals are unavailable, and
(e) if the User's mobile devices fail to function properly.
11. Termination of contractual relations by the User
11.1 The user has the right to terminate the contractual relationship with be 5 club at any time by sending a written
notifications by mail: [email protected] In addition, the User is not obliged to make Purchases or perform any actions within the framework of the current contractual relationship in force.
11.2 After termination of the contract, the User is only entitled to those monetary benefits in the be5club program marketing Program , for which the grounds have already been created at the time of termination of the contract, i.e. if the Purchase has already been made at the time of termination of the contract.
12. Termination of the contractual relationship by be5club
12.1 The contractual relationship may be terminated by be5club by sending a 14 (fourteen) calendar day notice of a unilateral refusal without giving reasons or for a good reason, with the immediate entry into force of such refusal at the time the notification is received by the User. Such reasons that may lead to the immediate termination of the contract include, in particular, the violation by the User of the contractual obligations specified in sections 2.2, 2.3 of these General Terms and Conditions of Business.
12.2 The User assumes the losses that be5club must be reimbursed to third parties and provides protection from all losses and liability in the event of a breach of the contract by the User. The User undertakes to indemnify and hold harmless from all damages and liability in case of any costs associated with the defense against claims of third parties.
12.3 After termination of the contract, the User is only entitled to those monetary benefits in the be 5 club program Marketing Program , for which the grounds have already been created at the time of termination of the contract, i.e. if the Purchase has already been made at the time of sending the notice of termination of the contract.
13. General conditions
13.1 The user may not assign his claims to be5club (or all rights received as a result of his participation in the be5club program marketing Program ) or use them as collateral without the prior written consent of be5club .
13.2 Changes to these General Provisions and other agreements between the User and be 5 club sent to the User in text form (by e-mail is considered sufficient) are considered accepted by the User if the User does not send objections to their application within 14 (fourteen) calendar days from receipt of notification of changes. At the beginning of this period of time, be 5 club must specifically indicate to the User that his/her consent to the submitted changes to the General Terms and Conditions will be considered granted if he/she does not send in text form objections to their application within 14 (fourteen) calendar days from the date of receipt of the notice of changes.
13.3 Since gender designations are used in the content of the contract, they apply to both female and male genders, as well as legal entities.
13.4 If any of the provisions of these General Terms and Conditions is found to be invalid, illegal
or unenforceable under applicable law, this does not affect the validity or enforceability of the remaining provisions.
13.5 These General Terms and all contractual relations between the User and be 5 club shall be governed by and construed in accordance with the laws of the UAE. In the event of any disputes between the parties, they shall be referred to the competent court for consideration.
13.6 The User undertakes to independently pay all duties, fees, taxes, etc. incurred by the User in connection with the receipt of remuneration, unless otherwise provided by applicable law.
14. Changes to the Platform and costs
14.1 Be5.club reserves the right to change or discontinue, temporarily or permanently, the Service (or any part of it) at any time and from time to time, with or without notice.
14.2 Be5.club shall not be liable to you or any third party for any modification, price change, suspension or discontinuance of the Service.
14.3 Be5.club reserves the right to change or discontinue promotions and/or discounts at any time and from time to time with or without notice. If a promotion or discount ends, we will do our best to provide an extended notice, but this is not guaranteed.
14.4. Promo codes , promotions may be adjusted or removed at any time without prior notice.
15. Spam in any form is prohibited.
15.1. It is forbidden to place contextual advertising Be5.club (in particular, on request: be5club ) in search engines ( google , yandex , mail , etc.).
15.2. It is prohibited in any fraudulent way to force the user to pay for the service.
15.3. It is forbidden to charge an additional fee for inviting a user.
15.4. It is forbidden to share rewards with invited users.
15.5. It is forbidden to create several accounts by one user without the permission of the administration of the software complex.
15.6. It is forbidden to distribute discount coupons / promotional codes intended for Be5.club internal marketing programs , with the exception of personal partner discount coupons / promotional codes agreed with the administration of the Be5.club website
15.7. It is forbidden to place promotional materials and links Be5.club on sites containing information: - drugs and devices for their use - sites containing and distributing illegal content - any other content that is not legal in the user's territory.
BeFive FZE LLC Marketing Agency