Terms & Conditions

MEMBERSHIP TERMS AND CONDTIONS

 

These conditions apply to all BEYOND LIFESTYLE SRL members excluding all other terms, conditions, warranties, and representations, except any specifically agreed between the parties in writing.

Welcome to Beyond Members Club. Beyond Members Club provides exclusive, invitation-only, luxury lifestyle management services. These Terms & Conditions govern your membership account.

Beyond Members Club is brought to you by Beyond Lifestyle Srl (referred to in these Terms & Conditions as “Beyond”, “Beyond Members Club”, “we”, “us”, “our” or “Members Club”), with registered legal address at Splaiul Unirii 96, Bucharest, Romania and office address at 9th Floor, One Tower, 165 Calea Floreasca Ave, Bucharest, Romania, VAT ID RO46813745, Registration J40/17913/22, represented by Adrian Batlan as CEO.

 

These Terms & Conditions, together with our Privacy Policy (which you can view on beyondmembersclub.com), explain how Beyond Members Club collects, uses, and discloses personal information (collectively, the “Terms”). The Terms govern your access to, and use of, our Website, any services that we may offer from time to time (together with our Website) (collectively, the “Services”), and any other features or content (including any information, text, graphics, photos, comments, reviews, links, or other materials uploaded, downloaded or appearing on, or linked to the Services) offered from time to time by Beyond Members Club in connection with the Services (collectively referred to as “Content”).

 

Your access to and use of the Services is conditional on your acceptance of and compliance with these Terms, and you represent and warrant that you have read and understood the Terms. Additionally, by accepting these Terms you are agreeing that any communication or record we provide to you, or that you sign or agree to at our request, may be in electronic form. We may also use electronic signatures and obtain them from you on any communication. If you do not agree to these Terms, please refrain from using our Services.

Your attention is drawn in particular to the disclaimers and limitations of liability in Sections 9 and 10 below.

 

Our Services include Content, links, and goods and services provided by third parties. Beyond Members Club is not responsible for the offerings of third parties. Please read sections 4, 5, 10, 12, and 13 below carefully.

 

1. GENERAL TERMS

1.1 About our Services

These Services are operated and provided to you by Beyond Lifestyle Srl. By accepting these Terms, you are entering into a contract with Beyond Members Club. Our Services include recommending and procuring bookings for restaurants, travel, events, experiences, and facilitating the purchase of retail items. However, the Services that Beyond Members Club provides are always evolving and the form and nature of the Services that Beyond Members Club provides may change from time to time. You can find further information about our Services on our Website beyondmembersclub.com.

 

You are solely responsible for your use of the Services. You may only create a member profile with Beyond Members Club and use the Services if you are at least 18 years of age. We do not knowingly market our Services to children. You may only create a member profile with Beyond Members Club if you are legally capable of forming a binding contract with Beyond Members Club and are able to abide by and comply with these Terms. You may use the Services only in compliance with these Terms and all applicable local, state, national, and international laws, rules, and regulations.

 

The Services are designed for your personal use. You may not open an account using the Services on behalf of another individual, a company, organization, or other entity. If the need arises, we may suspend your access to our Services, or close them indefinitely (which may be without notice to you, although we will do what we reasonably can to notify you in advance, where we can reasonably do so).

 

1.2 Links to Third Party Websites and Linking to our Services

Our Services contain links to websites and other services which are operated and owned by third party service providers or retailers. Third parties may charge a fee for their services, for which Beyond Members Club will have no liability. Beyond Members Club is not responsible for any content or other information provided by any third party.

You will also be bound by the terms and conditions and privacy policies imposed by third parties with or through whom you book goods or services. Please check these carefully, as we have no responsibility or liability for the terms and conditions of any third party. Please see section 4 below for further details.

Our Services must not be framed, “mirrored” or otherwise incorporated into or on any other site, nor may you create a link to any part of our site other than the homepage. We reserve the right to withdraw linking permission without notice to you.

 

1.3 Our Right to Collect Commissions

You acknowledge that we reserve the right to accept commissions from suppliers of the goods and services that we promote and/or make available to you, and that the price of the goods and services may reflect that commission.

 

2. ACCOUNT REGISTRATION AND VERIFICATION

2.1 Registering to Use our Services

In order to register, you must complete the following steps:
(a) visit our Website or text our WhatsApp number.
(b) complete and submit the online request for information about joining Beyond Members Club, providing your name, mobile telephone number, and email address or send this information to us via WhatsApp message on our phone number.
(c) once you have submitted a request for information, we may reach out to request more information or schedule an initial discussion.

All applications for membership are subject to acceptance at our sole discretion. We may assess applications to ensure that applicants are both eligible for membership and a suitable member for the Beyond Members Club community. Our decisions regarding membership applications are final, and no explanation of why a prospective member has not been admitted need be given. We will only contact you if and when your membership application has been approved.

 

All personal details you give to us through the Services will be collected and processed in accordance with our Privacy Policy. You confirm that all registration information and other personal details provided to Beyond Members Club is, and will be, true and accurate.

You will also keep us promptly updated of any changes to your registration information and other information we request in order to maintain your account. Any inaccurate information may invalidate your account and subsequent purchases, bookings and other requests for the Services.

2.2 Delegates

You may authorize additional users as your authorized “Delegates” via written request (email/whatsapp). Delegates will have the ability to make purchases and bookings on your behalf through email or WhatsApp. You will be included on all Delegate communications and need to approve all Delegate requests before they are fulfilled by us. You shall be solely responsible for all use of and activity performed through your account, and may be held liable for losses incurred by us or any other user of the Services caused by you or someone else using your account. If you suspect unauthorized use of your account, you agree to report it promptly and are responsible for disputing any charges with the merchant and your payment issuer.

 

 

3. MEMBERSHIP

3.1 Membership Fees and Automatic Renewal

Your use of the Services is conditional on your paying in full our annual membership fees plus any applicable initiation fee and taxes (collectively, “Fees”) pursuant to Section 3.2 below. The total Fees amount will be made available to you via emai/whatsapp/sms/phone in advance of the commencement of your membership and after your application for membership has been approved. If you wish to complete your membership application, you will need to pay your Fees for your first year of membership in accordance with Section 3.2 below. Your membership only commences once we are in receipt of the Fees.

Your membership is valid for 12 calendar months from the date when it is granted or renewed, as applicable (the “Subscription Term”). Your membership will not automatically renew; it will renew only with your prior confirmation before the end of each Subscription Term. Unless you confirm renewal in accordance with the termination provisions herein, no further payment will be taken and your membership will lapse at the end of the Subscription Term. You can cancel or decline renewal through any of the methods described in Section 3.5.

We will email/whatsapp you at least 30 days before the end of your then-current Subscription Term, to notify you that your membership is due for potential renewal for an additional term of the same length. In this email/whatsapp, we will provide details of the renewed membership proposal, the renewal Subscription Term, Fees, when payment would be taken upon your consent, instructions on how you can notify us that you do not want to renew your membership or exercise your right to cancel within any applicable cancellation period for the renewal Subscription Term as defined in Section 3.4, and a copy of the then-current Terms. You can choose to opt out of renewal.

The Fees may vary from time to time. In the event that the annual membership component of the Fees varies from one Subscription Term to another, we will inform you of the change at least 5 days before the expiration of your then-current Subscription Term.

We reserve the right to refuse to grant or renew membership in our sole discretion and for any reason permitted by law. We are under no obligation to provide reasons for our acceptance or refusal of any application or renewal.

 

3.2 Payment of Fees

Initial membership payments and membership renewals can be made by credit card, debit card, or charge card from which you have authorized us to deduct such payment. In some cases, at our complete discretion and with no obligation to do so, we may accept payment by bank transfer.

Membership Fees must be paid in the currency we specify for your invoice. Any exchange rates and/or fees associated with paying for your membership will be determined by your payment issuer and/or payment processor and not Beyond Members Club.

Membership renewals (when you consent to renew) will be processed once you approve renewal and payment will be taken on or around the renewal date you confirm. You may cancel any continuous payment authority you have provided to us by contacting us. Memberships are non-transferable and cannot be paused or suspended.

 

3.3 Cancellation Rights

Once a Subscription Term has commenced, we do not offer refunds, credit notes or prorated fees except in the circumstances set out in sections 3.4, 13.1 and 13.4 below (or as otherwise required by applicable law).

In addition, we do not offer refunds, credit notes or prorated fees to anyone subject to economic sanctions implemented by applicable sanctions authorities (or if doing so could cause us to be in violation of any sanctions, export controls, trade embargoes or other similar restrictive measures from time to time imposed, administered or enforced by a relevant authority).

 

3.4 Refunds

Your right to cancel: You have the right to change your mind and cancel your membership and be refunded the then-current Fee within 10 days after the start of your paid membership and within 10 days of the commencement of any renewal Subscription Term (“Cancellation Period”). If you exercise such right to cancel your membership during the Cancellation Period in accordance with the provisions of Section 3.5, we will provide you a refund of the Fees paid by you for the most recent Subscription Term, less deductions for any fees you have incurred through acquiring goods or services prior to receipt of your request to cancel. Such reimbursement shall be made to you:
(a) using the same means of payment as you used for the initial transaction, unless otherwise agreed in written correspondence between us; and
(b) without undue delay and in any event no later than ten (10) days after our receipt of your request to cancel.
We don't charge a fee for the refund. No refund will be due if you terminate your membership after the Cancellation Period unless the provisions of Section 13.3 apply.

 

3.5 How to Cancel

You may cancel by any of the methods outlined below:
a) sending a clear cancellation request to members@beyondmembersclub.com (or other official email we designate);
b) sending a clear cancellation request via letter sent by post to Beyond Lifestyle Srl, 9th Floor at One Tower, Calea Floreasca 165. Bucharest, Romania. You may use a model cancellation form (available on request), but this is not obligatory.

 

3.6 Credits

Eligible Beyond Members Club members may receive certain credits (“Credits”) to use towards purchases made through our Services (email/Whatsapp). Credits must be used by the member that earned the Credit and are non-transferable. Credits have no cash value; therefore cannot be redeemed or exchanged for cash (including upon membership end). Any Credits can only be applied to future purchases at checkout and may be subject to an expiration date. If a purchase using a Credit is canceled and the purchase is refundable under applicable terms, the Credit will be restored if it is not beyond any expiration date. If a Credit is expired, or applied to a non-refundable purchase that is canceled, the Credit will not be restored.

 

3.7 Partner Memberships

We may offer existing members the chance to extend a new and separate membership (“Partner Membership” or “PM”) to another individual (PM Member) for a fee that we will communicate at the time of offering. As part of these opportunities, Beyond Members Club may require that the PM be contingent upon certain factors, including (1) the existing member's continued consent that the PM remain active; and (2) the existing member maintaining active and fully-paid membership with Beyond Members Club. Where PMs are contingent upon particular factors, Beyond Members Club may terminate the PM if any contingent factors are not satisfied. PM Members are also subject to and will be considered a “member” under these Terms, and their memberships can be revoked for any reason contained herein. Beyond Members Club may, but has no obligation to, share information about an PM with an existing member, and has no obligation to share information about an existing membership with an associated PM.

 

4. OUR LIFESTYLE SERVICES

4.1  Types of Requests

‍All service requests, including those for our Travel, Luxury Goods, Dining and Entertainment offerings may be accepted or denied at our sole discretion. Requests for restaurant reservations may be accepted subject to Beyond being given at least 2 (two) hours notice ahead of the desired reservation time.

 

4.2 Ordering Goods and Services From Third Party Suppliers

‍The terms in this Section apply when, on your instruction, we:

 

a) make bookings, purchases, or reservations on your behalf from one or more supplier(s) that we have identified, recommended, sourced or otherwise referred to you, or that you have requested (a “Supplier”);

b) facilitate your purchase of goods and/or services, or your making of any booking or reservation, from any Supplier by acting as an intermediary, conduit or booking platform, or by remitting the relevant payment(s) from you to Suppliers;

c) may act as the travel agent of a Supplier to contract with you for the provision travel-related services, or to make any booking or reservation; or

d) undertake any other services that we have agreed from time to time, except those explicitly stated as not applicable under this Section 4.

 

The purchases set out at a) to d) above shall be referred to in these Terms as “Lifestyle Service(s).”

The terms in this Section  do not apply where we provide you with a link or other details for you to order goods or services from a Supplier directly and without any further involvement from us (if this is the case, please see Section 1.2 above).  Regardless of whether the purchase of a good or service is facilitated by us or made by you directly at a third party website via the links we send you, in all instances, (i) the purchase of goods and services is between you and the Supplier, (ii) we only act as an intermediary to facilitate the transaction between you and the Supplier, and (iii) we are not acting as a principal in any such transaction.  While Beyond will endeavor to help with any warranty claims, replacement requests, and refunds, the fulfillment of these requests are ultimately at the discretion of the Supplier.

 

Beyond relies on Suppliers for accurate descriptions of products and services; item conditions; authenticity; policies regarding warranties, replacements, and refunds; and other service or product details.  Beyond can provide further information from the merchant regarding these details upon request.  Beyond does not independently verify the information provided by Suppliers on an individual item basis.

In most cases, some separate terms and conditions (in addition to this Section) will apply to a Lifestyle Service. If so, we will make these separate terms and conditions clear to you before we agree to provide the relevant Lifestyle Service.

 

When we make introductions, we endeavor to choose Suppliers whom we feel might be suitable for you. However, any introductions we make should not be construed as an endorsement by Beyond of such Supplier, or of any advice that such Supplier may give you, and you are responsible for ensuring the suitability of any third party with whom you deal (including checking the suitability, quality or merit of any goods or services that they may offer).

You are responsible for paying for all Lifestyle Services ordered via our Services, regardless of the beneficiary or beneficiaries of such Lifestyle Services. For example, if you book a table at a restaurant, you are responsible for paying the bill for that table (although of course guests may pay separately if they wish and contribute to the final amount owed).  You are also responsible for any no-show cancellation fee that may be charged by the restaurant. Some Lifestyle Services (such as restaurant bookings, for example) may be subject to acceptance or confirmation from the applicable Supplier. Although we try to ensure that all availability displayed on the Service is accurate, restaurants may cancel or amend bookings after they have been confirmed. We are not responsible for any bookings canceled or amended by a third party.

 

If you wish to amend any Lifestyle Service after your order has been confirmed, you may need to discuss this with the Supplier directly. We cannot guarantee that the Supplier will be able to accommodate any changes.

The price for any Lifestyle Services (including any applicable taxes and duties known to us at the time of purchase) will be the price we advise you (by email or on WhatsApp) before we complete your order.  Import taxes including any duties that may be assessed by local states or countries after a purchase are the responsibility of the member.  Prices reflect pricing and fees from the applicable Supplier and may include additional fees charged by Beyond and/or third parties as applicable (including, for instance, shipping costs charged by third parties or a commission). We take reasonable care to ensure that the prices of Lifestyle Services advised to you are correct, but please see Section 4.3 below for what happens if we discover an error in the price of the Lifestyle Services you order.

 

Our merchants are responsible for collecting and remitting taxes. Our merchants, as vendors, bill all applicable taxes to us and we pay over such tax amounts directly to the vendors who then are entirely responsible for remitting such amounts to the applicable taxing authorities. In other words, we are not the vendor collecting and remitting taxes (including, but not limited to gross receipts, sales and use tax, excise, value added taxes, GST, and any other similar taxes or assessments that might be levied by a taxing jurisdiction) to the applicable taxing authorities in connection with (or arising from) the Lifestyle Services.

If the rate of any applicable taxes or duties changes between your order date and the delivery date of  the Lifestyle Services, we will adjust the rate of the applicable tax that you pay, unless you have already paid for the Lifestyle Services in full before the change in the rate of tax takes effect, in which case your payment due will not be affected.

 

4.3 Price Changes in Lifestyle Services

‍It is always possible that, despite our best efforts, some of the Lifestyle Services you order may be incorrectly priced. We will normally check prices before accepting your order so that, where the correct price of the Lifestyle Service at your order date is less than our stated price at your order date, we will charge the lower amount. If the correct price of the Lifestyle Service at your order date is higher than the price that we advised you (or we agreed in writing), we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakable and could reasonably have been recognised by you as a mispricing, we may cancel the contract for the Lifestyle Service(s) in question, refund you any sums you have paid and not arrange for the Lifestyle Service(s) to be provided to you.

 

4.4 Payment Requirements for Lifestyle Services

‍You must pay for your Lifestyle Services before we place your order with the Supplier. If the Supplier rejects the order or the purchase is not successful for whatever reason, your payment will be promptly refunded. Where a purchase of Lifestyle Services is not successful (the “Canceled Purchase”) and you instruct Beyond to procure replacement goods and/or services on your behalf (the “Replacement Purchase”), you hereby agree to the following:

 

a) Beyond may advance the payment for Replacement Purchase on your behalf but to the extent the value of the Replacement Purchase exceeds that of the Canceled Purchase, you will pay Beyond the value of such difference before we place your order with the Supplier for the Replacement Purchase;

b) to the extent Beyond makes an advancement on your behalf to procure a Replacement Purchase, you agree that the sum owed to you by the Supplier in respect of the Canceled Purchase is absolutely assigned to Beyond in consideration for such advancement (the “Assignment”); provided, however, that where the value of the Canceled Purchase exceeds that of the Replacement Purchase, the value of such difference will be remitted back to you, less any deductions permitted by these Terms or applicable law; and

c) you will promptly execute and deliver such documents and perform such acts as Beyond may reasonably request for the purpose of giving full effect to the Assignment.

 

You must pay all amounts due for the Lifestyle Services (“Lifestyle Services Fees”) in full without set-off, counterclaim, deduction or withholding (except for any deduction or withholding required or as permitted by law). We may at any time, without limiting any of our other rights or remedies, set off any amount owing to us against any amount payable by us to you, whether such liability is present or future, liquidated or unliquidated, and whether or not the liability arises under these Terms.

 

The price of Lifestyle Services will be presented to you in certain currencies. Any exchange rates and/or fees associated with paying for these Lifestyle Services in the specified currency will be determined by your payment issuer, payment processor, and/or the Supplier of the Lifestyle Services, not Beyond and you will be responsible for any conversion rate and or fees. If you think any payment or invoice for Lifestyle Services Fees is wrong please contact us promptly to let us know and we will endeavor to resolve the issue.

Failure to pay for Lifestyle Services in accordance with these Terms may result in the termination of your membership. All payments for Lifestyle Services payable to us by you shall become immediately due and payable on termination of your membership for any reason.

 

4.5  Card Payments

‍If you pay for Lifestyle Services by card, you acknowledge and agree that we may pre-authorize your payment. 

After you pay for a Lifestyle Service, we will email/whatsapp you a confirmation of your purchase.

In the event that your payment card is lost or stolen you agree that it is your responsibility immediately to contact the applicable card company in order to cancel your payment card.

 

4.6  Limitations in Services

‍We reserve the right to refuse to service any request, at our sole discretion. We are under no obligation to give a reason as to why we refuse, although we may from time to time. Examples of requests that we do not service include, but are not limited to, adult entertainment, immoral or illegal requests, requests relating to firearms or controlled substances. Any member who makes an indecent or illegal request may have their membership revoked. We may also refuse to service requests where a member has made an excessive number of requests that are not fulfilled by the member or unreasonable requests, as determined solely by us.

 

4.7 Fulfillment of Lifestyle Service Requests After Cancellation or Termination of Membership

‍If your membership is canceled or terminated, any pending Lifestyle Services for which you have already paid (where advanced payment is required) and that have been confirmed by the Supplier will be fulfilled at the discretion of the Supplier.  We may in our sole discretion choose whether to honor any requests by you to communicate with the Supplier on your behalf and/or amend or cancel these Lifestyle Services on your behalf.  We have no obligation to do so. 

For any Lifestyle Services that have not been paid for (where advanced payment is required) or confirmed by the Supplier at the time your membership has been canceled or terminated, we will have no obligation to confirm, support, amend, or cancel these Lifestyle Services on your behalf.  We may choose, at our sole discretion, to cancel the request for these Lifestyle Services upon the cancellation or termination of your membership.  We may also choose at our sole discretion to communicate with the Supplier on your behalf, but we have no obligation to do so.

 

5. PAYMENT PROCESSING

We use the third party payment processors such as Euplatesc.ro or Flywire to process card payments.

Their terms of service and privacy policies can be found at the bottom of each payment link in question.

By accepting our Terms, you are consenting to our payment processor’s use of your personal data as set out in their privacy policies. You should read their terms of business and privacy policies carefully and check that you are comfortable with them before making any card payments. We have no responsibility or liability for third party payment processors, or for their terms of service or privacy policies.You represent, warrant, and covenant that you have all necessary authorities to use the payment cards whose details you provide. In order to offer a seamless service. You warrant that you have all necessary authorities to use the payment cards whose details you provide. In order to offer a seamless service.

 

6. YOUR RIGHTS TO THE SERVICES

Beyond hereby grants you a personal, non-commercial, worldwide, royalty-free, revocable, non-sub-licensable, non-transferrable, non-assignable and non-exclusive license to use the Services (which will include future updates made available to you from time to time provided that you understand that such updates may be subject to additional terms notified to you at the time that such update is made available), subject to these Terms. All rights not expressly granted to you by the foregoing sentence are reserved by Beyond. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by Beyond, in the manner permitted by these Terms.

 

The rights in the Service are licensed, not sold to you. Except to the extent permitted by applicable law, you may not copy, reproduce, republish, disassemble, decompile, reverse engineer, or otherwise attempt to derive the source code for the Services or any related technology, or adapt, alter, edit, re-position, rebrand, change, distribute, lend, hire, sub-license, rent, make a derivative work from the Services.

Access to the Services is permitted on a temporary basis, and we reserve the right to modify, restrict access to, withdraw or amend all or parts of the Services without notice (although, where possible and for significant changes, we will endeavor to give you prior notice via the email/whatsapp associated with your account). We can always change the Services to reflect changes in laws or regulatory requirements, or to make minor technical adjustments and improvements. We will not be liable if for any reason the Services are unavailable at any time or for any period for reasons beyond our control. See Section 9.

You are responsible for making all arrangements necessary for you to have access to Services. You are also responsible for ensuring that all Delegates who access Services through your account are aware of these Terms, and that they comply with them.

Beyond retains the right to set reasonable limits on use and storage from time to time. We will try to give you notice of this wherever possible.

 

Your Consumer Rights:

‍Our complaints policy. Our customer service team, which can be contacted via the email at members@beyondmembersclub.com or WhatsApp, will do their best to resolve any problems you have with us or our Services.

 

 

7. BEYOND’S RIGHTS

7.1 Our Rights in the Content and Services

‍All rights (including copyright, trademarks and other intellectual property rights), title, and interest in and to the Services and the Content including but not limited to all information, data, text, maps, graphics, the “look and feel”, logos, icons, trademarks, images, video clips, sound clips, editorial content, notices, data compilations, page layout, selection or arrangement of the contents of the Services, and the underlying code and software in the Services are and will remain the exclusive property of Beyond and its licensors. The Services are protected by copyright, trademark, and other laws and treaties around the world. All such rights in the Services, Content (excluding Content provided by members of the Services) and related material are reserved.

Nothing in the Terms gives you a right to use commercially the Beyond names or any of the Beyond trademarks, logos, domain names, or other distinctive brand features. Other logos and product and company names mentioned in these Terms may be the trademarks of their respective owners.

 

7.2 Prohibition on Copying

‍You must not copy any part of the Content, with a view to creating or compiling any form of collection, compilation, directory or database unless we provide you with our prior express written consent to do so.

 

If you copy or download any part of the Services or Content in breach of these Terms, your right to use the Services will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. You may print off one copy, and may download extracts, of any page(s) from our Services for your personal reference and you may draw the attention of others within your organization to material posted on our Services. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

 

‍8. RESTRICTIONS ON CONTENT AND USE OF THE SERVICES

You agree that you will not use the Services:

 

a) in any way that violates any local, national or other laws or regulations (including applicable data privacy, export and re-export control laws and regulations) or any order of a court in any relevant jurisdiction;

b) to sell any goods or services unless with our prior written consent and/or as an authorized supplier partner;c) in any way that infringes the rights of any person or entity, including but not limited to their copyright, trademark or other intellectual property rights, or other privacy or contractual rights;

d) to distribute advertisements of any kind (other than with our prior written consent) or otherwise communicate any false or misleading material or messages of any kind;

e) in any way that intentionally or unintentionally harasses, annoys, threatens or intimidates any other member;

f)   in any way that promotes or incites, whether intentionally or unintentionally, racism, sexism, bigotry, hatred or physical harm of any kind;

g) in any way that is abusive, defamatory, inaccurate, obscene, offensive, fraudulent, objectionable or sexually explicit;

h) to solicit, provide or promote illegal or unlawful activities or in any way which may lead to the encouragement, procurement or carrying out of any unlawful or criminal activity or which may cause any harm, distress or inconvenience to any person;

i)   to access, tamper with, cause damage to, or use non-public areas of the Services, Beyond’s computer systems, servers or equipment or the technical delivery systems of Beyond’s providers;

j)   to access or attempt to access any data of other members of the Services or to penetrate any of the security measures relating to the Services, or to probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures;

k) in any way that intentionally or unintentionally deceives, defrauds or swindles Beyond or any other member;

l)   to introduce any malware, virus or other harmful software program that intentionally or unintentionally damages or interferes with the operation of the Services, including but not limited to cancel bots, denial of service attacks, time-bombs, worms, Trojan horses, viruses or any other maleficent software or hardware;

m)   interfere with, or disrupt, (or attempt to do so), the access of any member, host or network including, without limitation, sending a virus, overloading, flooding, spamming or mail-bombing the Services, or by misusing the Services so as to interfere with or create an undue burden on the Services;

n) to copy, modify, transmit, display, perform, create derivative works from, re-sell or distribute any Content, information, software, products or services obtained through the Services;

o) for any and all commercial purposes, including those that compete directly or indirectly with our Services (except with our prior written consent, or as specifically permitted by these Terms);

p) to bypass measures used to prevent or restrict access to the Services;

q) to gain unauthorized access to the Services, the server on which the Services is stored or any server, computer or database connected to the Services;

r)   to forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Services to send altered, deceptive or false source-identifying information;

s)   to scrape, deep-link, crawl or spider or otherwise use the Services for phishing, spamming, trolling or any unauthorized (commercial) purpose (except as specifically permitted by these Terms), or in connection with: (1) the development of any software programme; (2) the development, improvement, customisation, training or fine-tuning of a machine learning or artificial intelligence (AI) system; (3) providing archived or cached data sets containing contents to another person or entity; or (4) the use of any method to extract data from the Services, including web scraping, web harvesting, or web data extraction methods; or

t)   to promote or support or solicit involvement in any political platform or cause, religion (recognised as organized or unorganized), cult or sect of any kind; or

u) for any other purpose that is not permitted by these Terms (collectively, “Unauthorized Purpose”).

While we will do what we can to protect the security of information associated with your account, we cannot guarantee that unauthorized third parties will not be able to defeat our security measures. You shall promptly notify Beyond of any actual or suspected unauthorized third party access to your account by emailing members@beyondmembersclub.com. You shall cooperate with, and assist, us in any action or proceedings by us to prevent or otherwise deal with any unauthorized receipt, access or use of your account by any third party. We may suspend or stop providing our Services to you if you do not comply with our Terms or policies or if we are investigating suspected misconduct.

v) to make any requests on behalf of non-members for dining reservation and events that do not include the members' presence at the event and/or dining reservation.

 

9. Intellectual Property Ownership

“Beyond Members Club” is a trademark of Beyond Lifestyle Srl. Other product, brand, and company names and logos used on the Sites are the trademarks of their respective owners. Any use of any of the marks appearing on the Sites without the prior written consent of Beyond Lifestyle Srl or the owner of the mark, as appropriate, is strictly prohibited.

 

The Sites, including all site software, databases, trademarks, logos, service marks, proprietary information and materials (and any intellectual property and other rights relating thereto) ("Owner Property") is owned by Beyond Lifestyle Srl or other third party (as applicable, the “Owner”) and will remain the property of the respective Owner. Users of the Sites acknowledge that they do not acquire any ownership rights by using the Sites. Users may not use any Owner Property in connection with any product or service that is not offered by the Owner, in any manner that is likely to cause confusion with the Owner's business, or in any manner that disparages the Owner. Nothing contained on the Sites should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Owner Property without the express written permission of the respective Owner.

 

The content, organization, graphics, design, compilation, "look and feel" and all Owner Property available on the Sites, including, without limitation, images and written and other materials (the "Content"), are intellectual property protected under the copyright, trademark and other intellectual property laws of the United States and/or other countries ("Intellectual Property Laws"). You may not download, print, copy, reproduce, distribute, transmit, broadcast, display, sell, license or otherwise use or exploit any of the Content except in the course of viewing the site online for lawful purposes, and in making single copies of selected pages of the site for personal use and not for distribution or posting on any other site. You also agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on any Content. The violation of applicable Intellectual Property Laws may give rise to civil and/or criminal penalties. No right, title or interest in any downloaded materials is transferred to you as a result of any such downloading or copying other than the foregoing license to possess for personal use.

 

10. DISCLAIMERS

Except as expressly provided in these Terms, Beyond and its affiliates disclaim, to the maximum extent permitted by law, all warranties, representations, guarantees and conditions in respect of the Services, whether express or implied. Nothing in these Terms shall affect any statutory rights you may have as a consumer.

 

Travel to certain international destinations referred to on the Services may carry more risk than others, including the risk of personal injury and damage to or loss of property. By listing or providing you with information related to such destinations, Beyond does not represent or warrant that traveling to such destinations is safe, recommended or without risk, and is not liable to you for any loss that arises from travel to such destinations. You should make your own reasonable enquiries about any travel destinations before booking and traveling.

 

Engaging in certain activities and experiences referred to on the Services may carry more risk than others, including the risk of personal injury and damage to property. By listing or providing you with information related to such activities and experiences, Beyond does not represent or warrant that engaging in such activities and experiences is safe, recommended or without risk, and is not liable to you for any loss that arises from engaging in such activities and experiences. You should make your own reasonable enquiries about any activities and experiences before booking and participating. 

 

We are not liable for the actions or omissions of any third parties (including any third party to whom we may have introduced you and any Suppliers) and are not liable to you for any loss or damage that arises from the performance of, or services provided by, any third party. You should always check the suitability of any third party with whom you deal, including your agreement with their terms and conditions. Please see section 4 above for further details.

 

Please remember that members must remain responsible for their own dietary requirements at all times. If you have specific requirements that will need to be communicated to any restaurant or other service provider, please do so.Some Content provided to members is done so via third parties and we are not liable for any inaccuracies or omissions contained therein.

 

We are not liable to you for any inability to access the Services at any time (including but not limited to scheduled or routine maintenance), for any reason beyond our control (including but not limited to any unplanned downtime, or any outages on networks (including mobile networks) or when you are not in an area supported by mobile coverage).

 

If we become aware that our supply of the Services is delayed by such an event outside our control, we will endeavor to contact you as soon as possible to let you know and do what we can to reduce the delay. As long as we do this, we will not be liable for such delays. If there is a reasonable risk of substantial delay, you can request the termination of your membership account. See section 12.1 in relation to planned downtime. For the avoidance of doubt, if Whatsapp is unavailable but the supply of Services is still offered via email, or vice versa, the supply of Services will not be considered delayed.

 

12. YOUR LIABILITY

You shall indemnify us and keep us fully indemnified on demand from and against all liabilities, costs, expenses, damages and losses, legal costs (calculated on a full indemnity basis) and all other reasonable professional costs (including costs of defense of claims, suits or proceedings brought by third parties) and expenses suffered or incurred by us arising out of or in connection with your unauthorized use of the Services, the Content, your breach of these Terms and/or as a result of your violation of these Terms and/or as a result of your violation of any applicable laws or regulations.

 

13. TERMINATION

13.1 Suspension of the Services

We can suspend the supply of the Services to you. We do this to:

a) deal with technical problems or make minor technical changes;

b) update the Services to reflect changes in relevant laws and regulatory requirements; or

c) make changes to the Services, including without limitation scheduled and unscheduled downtime.

 

When we suspend Services to you, we will let you know, may adjust the price and may allow you to terminate. We will notify you via an email to the email associated with your account or WhatsApp message in advance to tell you that we are suspending the Services, unless the problem is urgent or an emergency. If we suspend supply, or tell you we're going to suspend supply, for more than 6 months you can request the termination of your membership account, in accordance with section 13.3 and we will provide you with a pro-rata refund for the remaining period of your then annual Subscription Term.

 

For the avoidance of doubt, if Whatsapp is unavailable but the supply of Services is still offered via email, or vice versa, the supply of Services will not be considered suspended .

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13.2 Termination by Beyond

Subject to the rights set out in Section 13.1 above, we also reserve the unconditional right to suspend, withdraw, terminate, amend or restrict access to some parts of the Services, or to the Services entirely, to you at any time immediately without notice for any reason not prohibited by law, and without liability to you, and can claim any compensation due to us, including (without limitation) in circumstances where:

a) we have reasonable grounds to suspect unauthorized, unlawful or fraudulent use of the Services, or of any Beyond product or service;

b) we reasonably suspect that you have not complied with these Terms (including not making any payment of Fees when they fall due and suspected violations of Section 8);

c) another member you have recommended to us is found to have committed a criminal offense or has otherwise used the Services for any Unauthorized Purpose; or

d) we reasonably suspect a breach of confidentiality or infringement of our intellectual property rights by you or a third party.

 

If we terminate your receipt of the Services and these Terms on any of the grounds listed in this Section, you will not be entitled to future membership of the Services and you may not benefit from the Services in any way (including but not limited to by using our Services indirectly as a guest or beneficiary of another member).

 

13.3 Termination by You

How to terminate

‍You may terminate the Services at any time immediately by:

a) sending a clear request to terminate your membership to members@beyondmembersclub.com;

 

‍Right to receive a pro-rata refund

‍In the event that you terminate for one or more of the following reasons, we will provide you with a pro-rata refund for the remaining period of your then annual Subscription Term:

 

a) we have told you about an upcoming material change to the Services or these Terms and you notify us in writing that you do not agree with such change prior to such change coming into effect;

b) we have suspended supply of the Services for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 6 months; or

c) we have made significant changes to the Services and the right to cancel on this basis is provided by applicable law.

 

In all other cases of termination by you, the Fees are non-refundable.

13.4 Withdrawal of the Services

We can stop providing the Services as a business. We will let you know at least 30 days in advance and we will provide you with a pro-rata refund for the remaining period of your then annual Subscription Term.

On suspension, termination and/or withdrawal of the Services and of these Terms (for whatever reason) all licenses and rights granted to you in relation to the Services shall immediately come to an end.

 

14. DATA PRIVACY

Please refer to our privacy policy for information on how we collect, use and protect your data.

 

15. GOVERNING LAW AND JURISDICTION AND DISPUTES

If you are dissatisfied with our Services in any way, please let us know as soon as possible by contacting us at members@beyondmembersclub.com or via Whatsapp.

The Romanian courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to or your use of the Services. These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of Romania.

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16. NO-SHOWS AND MEMBER BEHAVIOUR

If a member fails to show up for a reservation three times over a twelve month period, their membership may be revoked. No-shows or failures to cancel a reservation in adequate time may result in the Supplier charging cancellation fees, which we will pass on to you. If a reservation carries a cancellation fee, we will endeavour to disclose this fee to you before you make the reservation.

 

We are committed to ensuring that Beyond maintains the highest standards of respect and integrity. Conduct that tarnishes this reputation is likely to result in a revocation of membership. This includes abusive language directed towards our team or staff of our partners, violent or abusive behavior, vandalism or destruction of property during any Beyond booking, event or experience. Please note members assume full responsibility for their PM and for any guests who are with them and a member and their PM are both liable for suspension or expulsion should they or their guests not respect the Beyond culture.

 

17. SELLER OF TRAVEL DISCLOSURES

Payment for reservations/purchases shall be made to Beyond, Beyond Members Club or Beyond Lifestyle Srl when it is the merchant of record, or to the applicable Supplier, if the Supplier is the merchant of record. Beyond Lifestyle Srl is registered as an international seller of travel with IATA no. 6921318-5.

 

 

18. SALE OF TRAVEL SERVICES

18.1 Your Obligations

Passports, Visas and Immigration Requirements: It is your responsibility to check and fulfil the passport, visa, health and immigration requirements applicable to your trip. We can only provide general information about this. You must check requirements for your own specific circumstances with the relevant Embassies and/or Consulates and your own doctor as applicable. Requirements do change and you must check the up-to-date position in good time before departure. We do not accept any responsibility if you cannot travel, or incur any other loss because you have not complied with any passport, visa, immigration requirements or health formalities.

 

Travel Insurance: It is your responsibility to arrange adequate travel insurance for your trip and you must be satisfied that your insurance fully covers all your personal requirements including pre-existing medical conditions, cancellation charges, medical expenses and repatriation in the event of accident or illness and also any damages caused to any property and/or accommodation that you are responsible for covering. If you choose to travel without adequate insurance cover, we will not be liable for any losses howsoever arising, in respect of which insurance cover would otherwise have been available. We do not provide travel insurance or provide any advice regarding insurance.

 

Delays and missed transport arrangements: If you or any member of your party misses your flight or other transport arrangement, it is cancelled or you are subject to a delay of over 3 hours for any reason, you must contact us and the airline or other transport supplier concerned immediately. Under EU Law and retained UK Law, you have rights in some circumstances to refunds and/or compensation from the airline in cases of denied boarding, cancellation or delay to flights. Full details of these rights will be publicised at EU airports and will also be available from airlines. If the airline does not comply with these rules you should complain to the Civil Aviation Authority at www.caa.co.uk/passengers. Reimbursement in such cases is the responsibility of the airline and will not automatically entitle you to a refund of your trip price from us. If, for any reason, you do not claim against the airline and make a claim for compensation from us, you must, at the time of payment of any compensation to you, make a complete assignment to us of the rights you have against the airline in relation to the claim that gives rise to that compensation payment. A delay or cancellation to your flight does not automatically entitle you to cancel any other arrangements even where those arrangements have been made in conjunction with your flight.

 

Advanced Passenger Information: A number ofGovernments have introduced requirements for air carriers to provide personal information about all travellers on their aircraft to authorities before the aircraft leaves the UK. The data will be collected either at the airport when you check in or in some circumstances when, or after you make your booking. Accordingly, you are advised to allow extra time to check in for your flight. Where we collect this data, we will treat it in accordance with our privacy policy.

 

Payment of local taxes. In certain destinations a local tax may be payable and you may be required to settle this locally before the end of your trip. We are not responsible for any such local taxes nor are they part of the price of your Package.

 

18.2 Changes and cancellations

Changes by you.

If you wish to change any part of your booking after our booking confirmation has been issued, you must inform us as soon as possible. Whilst we will do our best to assist, we cannot guarantee that we will be able to meet your requested change. Where we can meet a request, all changes will be subject to any costs and charges incurred by us and/or incurred or imposed by any of our Suppliers in making this change.

 

Cancellations By You

If you or any other member of your party cancels your confirmed booking you will be liable for any cancellation charges associated with doing so.

Certain arrangements may not be cancelled after they have been confirmed and any cancellation could incur a cancellation charge of up to 100% of that part of the arrangements. Should we not advise you otherwise, any service booked will be considered non-refundable and changes are not accepted after confirmation,

 

Changes By Us

In the unlikely event that we need to make a change to or cancel your booking, your options vary depending on whether it is a minor change or a significant change.

Examples of minor changes include alteration of your outward/return flights by less than 24 hours, changes to aircraft type, change of accommodation to another of the same or higher standard, or a change of carrier.

Examples of significant changes include a change of accommodation to that of a lower standard or classification for the whole or a significant part of your time away; a change of outward departure time or overall length of your arrangements by more than 24 hours.

If we need to make a minor change we will inform you as soon as reasonably possible but we will have no liability to you.

If we have to make a significant change or cancel your Package, we will tell you as soon as possible and we will offer you the choice of: (a) accepting the changed arrangements; or (b) a refund of all monies paid; or (c) if available, accepting an offer of an alternative trip (and we will refund any price difference if the alternative is of a lower value). You must notify us of your choice within 2 days of our offer. If we do not hear from you within 2 days, we will contact you again to request notification of your choice. If you fail to respond again, your booking may be cancelled.

 

Compensation

In addition to a refund to which you may be entitled, we may pay you reasonable compensation, in the following circumstances: (a) if, where we make a significant change, you do not accept the changed trip and cancel your booking; or (b) if we cancel your booking and no alternative trip is available and/or we do not offer one. The compensation that we offer does not exclude you from claiming more if you are entitled to do so.

We will not pay you compensation in the following circumstances: (a) where we make a minor change; (b) where we make a significant change and you accept those changed arrangements or you accept an offer of an alternative trip; (c) where the change or cancellation by us arises out of alterations to the confirmed booking requested by you; or (d) where we are forced to cancel or change your trip due to Unavoidable and Extraordinary Circumstances.

 

If we become unable to provide a significant proportion of the trip that you have booked with us after you have departed, we will, if possible, make alternative arrangements for you at no extra charge and where those alternative arrangements are of a lower standard, provide you with an appropriate price reduction.

Beyond has to provide assistance if the traveler is in difficulty.

 

18.3 Contacting us

If you need to contact us to request assistance if you are in difficulty or make a complaint during the performance of the booking, please bring it to the attention of the Supplier(s) of the arrangements concerned promptly. Most problems can be resolved on the spot. If the matter is not dealt with to your satisfaction, please contact our customer service team, which can be contacted via Whatsapp, or by email at members@beyondmembersclub.com

If the matter cannot be settled whilst you are on your trip, please contact us as soon as possible following your return home. We will liaise with the Suppliers concerned to try and resolve your complaint and will respond as soon as we can.

If you want to make a complaint against us, please contact our customer service team first and we will let you know about our available in-house complaint handling procedures and the alternative dispute resolution procedures we use.

 

18.4 Packages

Should you purchase a package a separate contract for the specific booking will need to be signed.

 

19. Communications

You agree that Beyond — including Beyond’s service providers and any other party calling on our behalf — may communicate with you by mail, telephone, email, fax, WhatsApp, text message or other means allowed by law regarding your Account or your relationship with Beyond.

You agree that Beyond — including Beyond’s service providers and any other party calling on our behalf—may call or text you, including using an artificial or prerecorded voice or automated telephone dialing system or similar device, at the telephone number(s) that you provide or have provided to us, our service providers, or any other party calling on our behalf.   For text messaging, we may send recurring text messages from numbers and/or short codes used by Beyond, its service providers, or other parties calling on Beyond’s behalf.  Message and data rates may apply for which we are not liable. To learn more about Beyonds privacy and chat messaging practices, visit https://beyondmembersclub,com/privacy. You understand and agree that all such communications may relate to, without limitation, the handling, servicing, and billing for any account you have with Beyond. You agree that we, our service providers, and any other party calling on our behalf may monitor or record any conversation or other communication with you.

 

20. Miscellaneous Terms

These Terms are the entire and exclusive agreement between Beyond and you regarding the Services (excluding any services for which you have a separate agreement with Beyond that is explicitly in addition or in place of these Terms), and these Terms supersede and replace any prior agreements between Beyond and you regarding the Services.

You acknowledge that you have not, in agreeing to these Terms, relied on any representation, warranty or undertaking not expressly incorporated in them. The failure of, or delay by, Beyond to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.

If any provision of these Terms is found by a proper authority to be unenforceable or invalid, such unenforceability or invalidity shall not render these Terms unenforceable or invalid as a whole and in such event, such provision shall be changed and interpreted so as to best accomplish the objectives of such unenforceable or invalid provision within the limits of applicable law or applicable court decisions.

The Services are licensed personally to you and you may not assign, license, sub-license or transfer any right or obligation of these Terms to any third party without our prior written consent.We may transfer any of our rights or obligations under these Terms to any third party but if we do so we will ensure that any company to whom we transfer our rights or obligations will continue to honor your rights under them.

Nothing in these Terms shall be deemed to constitute a partnership between the parties nor constitute either party the agent or employee of the other for any purpose.

You acknowledge that by providing your mobile number you consent to receive autodialed and prerecorded/artificial calls, including text messages, relating to the handling and servicing of your membership or potential membership with Beyond.

If you have any questions about these Terms or the Services, please contact us using our Contact page or at members@beyondmembersclub.com