The required legals that you should read before becoming a GULP member, but you probably won’t.
Importantly this app contains reference to alcohol and so please be aware that by UAE Law you have to be of legal drinking age (+21 years) and non-Muslim to use the app.
(For your information: UAE residents should ensure to obtain a valid liquor license to purchase alcoholic products in the UAE)
1. OUR CONTRACTUAL RELATIONSHIP.
Hello and welcome to the website and application operated by GULP DWC- LLC, its subsidiaries and affiliates (collectively, GULP). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these “Terms of Use”), govern your access to and use of our services including any content, functionality and services offered on or through our websites, and our online applications that run on smart phones, tablets and other devices which provide dedicated non-browser-based interaction between you and our services (all of which are collectively called our “Services”), whether as a guest or a registered user.
Please read the Terms of Use carefully before you start to use our Services. By using our Services, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy. If you do not want to agree to these Terms of Use or the Privacy Policy, you shouldn’t become a GULP member.
Persons who are under the age of 21 years of age may only use our Services with legal parental or guardian consent. Accordingly, you agree that you are 21 years of age or older or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, representations and warranties set forth in these Terms of Use.
Changes to the Terms of Use
We may revise and update these Terms of Use from time to time in our sole discretion.
We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time if in our opinion, you have violated any provision of these Terms of Use.
You may use the Services only for lawful purposes and in accordance with these Terms of Use.
The Services may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through the Website.
All User Contributions must comply with the Content Standards set out in these Terms of Use.
Any User Contribution you post to our Services will be considered non-confidential and non-proprietary. By providing any User Contribution on GULP, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material according to your account settings. The content basically becomes ours.
Reliance on Information Posted
The information presented on or through our Services is made available solely for general information purposes. Our Service may include content provided by third parties, including materials provided by other users. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
Changes to the Website/App
We may update the content on our Service from time to time, but its content is not necessarily complete or up-to-date. Any of the material on our Service may be out of date at any given time.
Supplemental terms may apply to certain Services, such as policies for a particular event, activity or promotion, and such supplemental terms will be disclosed to you in connection with the applicable Service(s). Supplemental terms are in addition to, and shall be deemed a part of, the Terms for the purposes of the applicable Service(s). Supplemental terms shall prevail over these Terms in the event of a conflict with respect to the applicable Services.
GULP may amend the Terms related to the Services from time to time. Amendments will be effective upon GULP's posting of such updated Terms at this location or the amended policies or supplemental terms on the applicable Service(s). Your continued access or use of the Services after such posting constitutes your consent to be bound by the Terms, as amended.
Information About You
All information we collect on the Website is subject to our Privacy Policy. By using GULP, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
Your access and use of the Services constitutes your agreement to be bound by these Terms, which establishes a contractual relationship between you and GULP.
2. THE SERVICES
GULP grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferrable license to: (i) access and use the Applications on your personal device solely in connection with your use of the Services; and (ii) access and use any content, information and related materials that may be made available through the Services, in each case solely for your personal, noncommercial use. Any rights not expressly granted herein are reserved by GULP and GULP’s licensors.
RESTRICTIONS.
You may not: (i) remove any copyright, trademark or other proprietary notices from any portion of the Services; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted by GULP; (iii) decompile, reverse engineer or disassemble the Services except as may be permitted by applicable law; (iv) link to, mirror or frame any portion of the Services; (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services; or (vi) attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks.
THIRD PARTY SERVICES AND CONTENT.
The Services may be made available or accessed in connection with third party services and content (including advertising) that GULP does not control. You acknowledge that different terms of use and privacy policies may apply to your use of such third party services and content. GULP does not endorse such third party services and content and in no event shall GULP be responsible or liable for any products or services of such third party providers. Additionally, Apple Inc., Google, Inc., Microsoft Corporation or BlackBerry Limited will be a third-party beneficiary to this contract if you access the Services using Applications developed for Apple iOS, Android, Microsoft Windows, or Blackberry-powered mobile devices, respectively. These third party beneficiaries are not parties to this contract and are not responsible for the provision or support of the Services in any manner. Your access to the Services using these devices is subject to terms set forth in the applicable third party beneficiary's terms of service.
OWNERSHIP.
The Services and all rights therein are and shall remain GULP's property or the property of GULP 's licensors. Neither these Terms nor your use of the Services convey or grant to you any rights: (i) in or related to the Services except for the limited license granted above; or (ii) to use or reference in any manner GULP 's company names, logos, product and service names, trademarks or services marks or those of GULP s licensors. GULP has the exclusive right to remove or change any of the offers/content at any time, without consent or any prior notification.
3. YOUR USE OF THE SERVICES
USER ACCOUNTS.
In order to use most aspects of the Services, you must register for and maintain an active personal user Services account ("Account"). You must be at least 21 years of age, or the age of legal majority in your jurisdiction (if different than 21), to obtain an Account. Account registration requires you to submit to GULP certain personal information, such as your name, address, mobile phone number and age, as well as at least one valid payment method (either a credit card or accepted payment partner). You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information, including having an invalid or expired payment method on file, may result in your inability to access and use the Services or GULP's termination of this Agreement with you. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times.
USER REQUIREMENTS AND CONDUCT.
The Service is not available for use by persons under the age of 21. You must also be a non-Muslim. You may not authorize third parties to use your Account. You may not assign or otherwise transfer your Account to any other person or entity. You agree to comply with all applicable laws when using the Services. In certain instances you may be asked to provide proof of identity to access or use the Services, and you agree that you may be denied access to or use of the Services if you refuse to provide proof of identity.
TEXT MESSAGING.
By creating an Account, you agree that the Services may send you informational text (SMS) messages as part of the normal business operation of your use of the Services.
PREMIUM MEMBERSHIP
By signing up to our Annual membership you are entitled to 12 Months PREMIUM services from start of billing date. The total is AED396 payable over 12 months at AED33 per/month. Upon cancellation, subscription discontinues after subscription period. We do not offer any partial refunds.
PROMOTIONAL CODES.
GULP may, in GULP's sole discretion, create promotional codes that may be redeemed for Account credit, or other features or benefits related to the Services and/or a Third Party Provider's services, subject to any additional terms that GULP establishes on a per promotional code basis ("Promo Codes"). You agree that Promo Codes: (i) must be used for the intended audience and purpose, and in a lawful manner; (ii) may not be duplicated, sold or transferred in any manner, or made available to the general public (whether posted to a public form or otherwise), unless expressly permitted by GULP; (iii) may be disabled by GULP at any time for any reason without liability to GULP (iv) may only be used pursuant to the specific terms that GULP establishes for such Promo Code; (v) are not valid for cash; and (vi) may expire prior to your use. GULP reserves the right to withhold or deduct credits or other features or benefits obtained through the use of Promo Codes by you or any other user in the event that GULPGULP determines or believes that the use or redemption of the Promo Code was in error, fraudulent, illegal, or in violation of the applicable Promo Code terms or these Terms.
USER PROVIDED CONTENT.
GULP may, in GULP’s s sole discretion, permit you from time to time to submit, upload, publish or otherwise make available to GULP through the Services textual, audio, and/or visual content and information, including commentary and feedback related to the Services, initiation of support requests, and submission of entries for competitions and promotions ("User Content"). Any User Content provided by you remains your property. However, by providing User Content to GULP, you grant GULP a worldwide, perpetual, irrevocable, transferrable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the Services and GULP's business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.
You represent and warrant that: (i) you either are the sole and exclusive owner of all User Content or you have all rights, licenses, consents and releases necessary to grant GULP the license to the User Content as set forth above; and (ii) neither the User Content nor your submission, uploading, publishing or otherwise making available of such User Content nor GULP's use of the User Content as permitted herein will infringe, misappropriate or violate a third party's intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
You agree to not provide User Content that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by GULP in its sole discretion, whether or not such material may be protected by law. GULP may, but shall not be obligated to, review, monitor, or remove User Content, at GULP's sole discretion and at any time and for any reason, without notice to you.
NETWORK ACCESS AND DEVICES.
You are responsible for obtaining the data network access necessary to use the Services. Your mobile network's data and messaging rates and fees may apply if you access or use the Services from a wireless-enabled device. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and Applications and any updates. GULP does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.
4. DISCLAIMERS; LIMITATION OF LIABILITY; INDEMNITY.
DISCLAIMER.
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." GULP DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, GULP MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF THE SERVICES OR ANY SERVICES OR GOODS REQUESTED THROUGH THE USE OF THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.
LIMITATION OF LIABILITY.
GULP SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY, OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SERVICES, EVEN IF GULP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
INDEMNITY.
You agree to indemnify and hold GULP and its officers, directors, employees, and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys' fees), arising out of or in connection with: (i) your use of the Services or services or goods obtained through your use of the Services; (ii) your breach or violation of any of these Terms; (iii) GULP's use of your User Content; or (iv) your violation of the rights of any third party, including Third Party Providers.