Cherry Club Malta - Membership Agreement

Terms and Conditions

The terms and conditions set forth here are the Membership Terms and Conditions (“Membership Terms and Conditions”) of Cherry Club Malta (the “Organization”) and the social club operated at the Organization’s events (the “Club”).  These Membership Terms and Conditions, along with the Membership Agreement and the Rules and Code of Conduct (all of those documents including these Membership Terms and Conditions, collectively, the “Agreement”) govern your membership with the Club (“Membership”).  Unless otherwise specified, all capitalized terms used and not defined here have the meaning ascribed to such terms in the applicable agreement or policy. The Organization may make changes to these Membership Terms and Conditions from time to time in its sole discretion and will make every effort to send notice to you via email to the email address provided by you to the Organization.  Any such changes will become effective when such changes are sent to you or on such later date as may be specified by the Organization.

Membership General Terms.

Membership Term.  Your Membership with the Club shall last for twelve (12) months beginning from the day you join the Club (the “Membership Term”).  

Renewal.  Your Membership shall auto-renew on an annual basis for an additional one-year term (each such term a “Renewal Term”), unless you provide notice to the Organization at least 30 days prior to expiration your then-current Membership Term that you wish to opt out of such Renewal Term.  

Events and Invitations. The Club may offer certain events for Members to attend and participate in from time to time (the “Event(s)”). Members may apply for and be extended an invitation to join or attend a specific Event (the “Invitation”). Each Event is by Invitation only. As a member, you are not entitled to an Invitation to each Event. If you apply for an Invitation and you are not given an Invitation, you may not attend the Event. We reserve the right to revoke any Invitation that has been extended to any Member. In the event an Event needs to be cancelled or altered in any way, you will be notified (if you had received an Invitation) as soon as practicable. 

Event Fees. Each Event shall be ticketed, and the price for such attending such Event shall be described on the Invitation (the “Event Fee”). You will be charged and must pay the Event Fee prior to your attendance at the Event. 

Termination of Membership.  You may cancel your Membership at any time with at least 30 days’ notice to the Organization. 

Other Expenses.  At each Event, there may be an opportunity to purchase food, drinks, or partake in various activities. All payments and fees shall be separate from any Event Fee. 

Refunds.  Unless expressly provided herein, we will have no obligation to refund any Event Fee or other expenses.

Termination of Membership by the organization.  Unless otherwise provided herein, the Organization may terminate your Membership at any time, in its sole discretion, immediately, upon a breach by you of the Club Rules or these Membership Terms and Conditions or the Rules and Code of Conduct.  

Access to the Club or Events.  The Organization and its designees shall, at all times, have access to all Events offered through the Club, including those used by you, with or without notice to you, including without limitation, for purposes of maintenance, safety, or security, as determined in the Organization’s sole discretion.  The Organization may restrict access to certain parts of the Events for programming or private event purposes in its sole discretion.

Guests.  Members are not permitted to bring guests to any Events.

Conduct.  You agree that you will comply with the Code of Conduct and any other rules applicable to attendance at a Club event.  In the event that you violate the Code of Conduct or any other applicable rules, the Organization may immediately terminate your Membership without any obligation to refund any Event Fees or any other fees you have paid to the Organization.  

Indemnity.  You agree to indemnify, defend and hold the Organization and its affiliates and its and their respective officers, directors, employees, consultants, contractors and agents (collectively, the “Indemnitees”) harmless from any and all actions, suits, proceedings, claims and demands brought or made by any third party (including, for the avoidance of doubt, any employees, contractors or agents of the Organization; and any of the Organization’s other members) (“Third Party Claims”) and to pay any settlements, awards, costs and expenses (including reasonable attorneys’ fees and disbursements) in connection with such Third Party Claims (collectively, “Losses”), to the extent such Third Party Claim arises out of or relates to: (i) any breach of the Agreement (including, for the avoidance of doubt, the Member Agreement, the Rules and Code of Conduct, and these Membership Terms and Conditions) by you, or (ii) any other conduct, acts or omissions by you in connection with your Membership or any of your use of the Club or Events, including, but not limited to, any violation of applicable laws or regulations, negligence or misconduct by you. 

Liability.

Liability Exclusion. THE ORGANIZATION WILL NOT BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE, SPECIAL OR EXEMPLARY DAMAGES OF ANY KIND, OR FOR ANY LOST REVENUES OR PROFITS, LOSS OF USE, LOSS OF COST OR OTHER SAVINGS OR LOSS OF GOODWILL OR REPUTATION, WITH RESPECT TO ANY CLAIMS BASED ON CONTRACT, TORT OR OTHERWISE (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE AND STRICT LIABILITY) ARISING FROM, RELATING TO OR IN CONNECTION WITH THE MEMBERSHIP, THE CLUB, THE EVENTS, THE MEMBER AGREEMENT, RULES AND CODE OF CONDUCT OR THE MEMBERSHIP TERMS AND CONDITIONS, REGARDLESS OF WHETHER THE ORGANIZATION WAS ADVISED, HAD OTHER REASON TO KNOW, OR IN FACT KNEW OF THE POSSIBILITY THEREOF.

Limitation of Damages. THE ORGANIZATION’S MAXIMUM LIABILITY ARISING FROM, RELATING TO, OR IN CONNECTION WITH THE MEMBERSHIP, THE EVENTS, THE MEMBER AGREEMENT, RULES AND CODE OF CONDUCT, OR THE MEMBERSHIP TERMS AND CONDITIONS, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, INDEMNITY, BREACH OF WARRANTY OR OTHERWISE), WILL NOT EXCEED, IN THE AGGREGATE, €100.

Exceptions. To the extent any of the exclusions or limitations of liability set forth in this section are determined to be not enforceable under applicable law, such exclusions and limitations of liability shall be enforced to the fullest extent permitted under applicable law.

Confidential Information.  You agree to hold all Confidential Information (defined as information not generally known to the public) of the Organization and any other Members of the Club or Organization in strict confidence and to take all reasonable precautions to protect the Confidential Information.  You acknowledge that any disclosure or unauthorized use of the Confidential Information will constitute a material breach of these Membership Terms and Conditions and cause substantial harm to the injured party for which damages would not be a fully adequate remedy.  In the event of any such breach, the Organization shall have, in addition to other available remedies, the right to injunctive relief (without being required to post bond or security).  The Organization reserves the right at all times to disclose any information about you as the Organization deems necessary to satisfy any applicable law, regulation, legal process or governmental request.

Disparaging Statements.  You shall, during and after the Membership Term, refrain from making any statements or comments of a defamatory or disparaging nature to any third party (including via your social media channels) regarding the Organization, any of the Organization’s officers, directors, employees, personnel, agents, policies, services or products or other members, except as necessary to comply with law or legal process.  

Social Media. The Organization will not tolerate certain social media conduct by members, whether indirectly or directly targeting or relating to the Organization, its members, officers, directors, employees, personnel, or agents, including for example: (a) defamatory, malicious, obscene, intimidating, discriminatory, harassing or threatening comments or hate propaganda; (b) calls to violence of any kind or other threats of any kind; or (c) conduct that violates any law or regulation. In the event that the Organization feels that you have breached this paragraph, the Organization reserves all its rights to take further action, including but not limited to: (i) adding, removing, or modifying any content, including comments, (ii) blocking you or any other disruptive users; and (iii) discontinuing any of its social media channels at any time. In the event that you engage in any of this prohibited conduct on your social media channels regarding the Organization or any of the Organization’s officers, directors, employees, personnel, agents, policies, services or products or other members, the Organization may immediately terminate your membership and reserves its full legal rights to pursue legal damages against you. 

Publicity. You may not use pictures, illustrations or graphics of the Organization (including any images from the Organization’s website) in any advertising or publicity for commercial purposes without the prior written consent of the Organization.  You may refer to yourself as a member of the Club on your social media channels, blog or for other non-commercial purposes.

Valuables and Personal Property.  The Organization shall not be liable for the loss of or theft of, or damage to, your personal property at any Events.

Communications; Partnerships.  You acknowledge that you will receive community emails as part of your obligations and duties as a member.  The Organization may provide notice of any changes to services, fees or other updates by email to the address provided by you, and you agree that such notice is proper.  You agree to notify the Organization of any changes to your contact information.  If you contact any other member for commercial or other unauthorized purposes who has not consented to such contact, including any spamming, your Membership may immediately be terminated by the Organization.  You also agree that the Organization may from time to time give your email, name and other demographic information to the Organization’s third-party partners, in order to provide promotional and marketing opportunities to you.  If you do not want the Organization to share any of this information with its third-party partners, you must notify the Organization in writing at info@cherryclubmalta.com.  Third party partners will not be able to add your information to their databases for commercial purposes. The Organization will not disclose any of your credit card information or other transactional details to third parties. 

Representations and Warranties; Disclaimer.

Mutual Representations and Warranties.  The Organization and you each represent and warrant that you and they are each duly authorized to perform your and their obligations hereunder.

Disclaimer.  EXCEPT AS EXPRESSLY PROVIDED ABOVE, EACH PARTY HEREBY EXPRESSLY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND OR NATURE, WHETHER EXPRESS, IMPLIED OR STATUTORY, ARISING FROM, RELATING TO OR IN CONNECTION WITH THE MEMBERSHIP, THE CLUB, THE EVENTS, THE MEMBER AGREEMENT, RULES AND CODE OF CONDUCT, OR MEMBERSHIP TERMS AND CONDITIONS, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY REPRESENTATIONS AND WARRANTIES ARISING FROM A COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE.

Miscellaneous.

Except for the payment of any amounts due hereunder, non-performance of either party shall be excused to the extent that performance is prevented or delayed by strike, fire, flood, pandemic, governmental acts, orders or restrictions, failure of suppliers, Internet or power outages, or any other reason where failure to perform is beyond the control and not caused by the negligence of the non-performing party. 

Members will not assign or otherwise transfer any of its rights or obligations under the Agreement without the prior written consent of the Organization. The Organization may, without the consent of the other party, assign or otherwise transfer the Agreement: (i) to any of its affiliates or (ii) in connection with a merger, consolidation, sale of equity interests, sale of all or substantially all of its assets or other change of control transaction.  Any assignment or other transfer not in accordance with this section will be null and void. The Agreement is binding upon and will inure to the benefit of each party and their respective permitted successors or assigns.

The relationship of the parties under the Agreement: (i) is one of independent contractors, and neither party has the authority to bind the other party in any way and (ii) is non-exclusive and nothing herein shall be deemed to restrict or limit a party’s ability to engage in similar relationships, agreements or arrangements with any other party. The Agreement, which is comprised of the Member Agreement, Rules and Code of Conduct, and these Membership Terms and Conditions sets forth the entire agreement of the parties as to its subject matter and supersedes all prior agreements, negotiations, representations, and promises between them with respect to its subject matter. A waiver of rights under the Agreement will not be effective unless it is in writing and signed by an authorized representative of the party that is waiving the rights. 

From time to time, the Organization may make available to you the service of independent contractors.  The Organization does not guarantee or warrant the quality of these services and does not guarantee that these services will remain available to you for any period of time, and hereby disclaims all liability arising out of such services.

The Agreement, and any and all disputes directly or indirectly arising out of or relating to the Agreement, shall be governed by and construed in accordance with the laws of Malta, without reference to the choice of law rules thereof.

In the event that any provision of the Agreement shall be determined to be illegal or unenforceable, that provision will be limited or eliminated to the minimum extent necessary so that the Agreement shall otherwise remain in full force and effect and enforceable.


PRIVACY POLICY
Privacy Policy for us

For Cherry Club Malta, accessible from www.cherryclubmalta.com, one of our main priorities is the privacy of our visitors. This Privacy Policy document contains types of information that is collected and recorded by Cherry Club Malta and how we use it. 

If you have additional questions or require more information about our Privacy Policy, do not hesitate to contact us.

This Privacy Policy applies only to our online activities and is valid for visitors to our website with regards to the information that they shared and/or collect in Cherry Club Malta. This policy is not applicable to any information collected offline or via channels other than this website.

Consent

By using our website, you hereby consent to our Privacy Policy and agree to its terms.

Information we collect

The personal information that you are asked to provide, and the reasons why you are asked to provide it, will be generally made clear to you at the point we ask you to provide your personal information. If that is not the case, refer to this Privacy Policy or send us an email for any further clarification.

If you contact us directly, we may receive additional information about you such as your name, email address, phone number, the contents of the message and/or attachments you may send us, and any other information you may choose to provide.

When you submit your application for the membership, we may ask for your contact information, including items such as name, address, email address, telephone number among other personal and sensitive information. 

How we use your information

We use the information we collect in various ways, including to:

Provide, operate, and maintain our website
Improve, personalize, and expand our website
Understand and analyze how you use our website
Develop new products, services, features, and functionality
Communicate with you, either directly or through one of our partners, including for customer service, to provide you with updates and other information relating to the website, and for marketing and promotional purposes
Send you emails
Find and prevent fraud
Allowing us to assess your profile and preferences in order to decide wheter or not to invite you at our event.

Your application and membership details are fully confidential and will not be shared with anyone. We will only share email addresses to connect you to your match. We do not sell your information to third parties, or answer inquiries regarding the attendance or participation of any participant to our events. We would only provide such information to the local authorities upon legal request motivated by good reason, example for the safety of our participants.

Log Files

We follow a standard procedure of using log files. These files log visitors when they visit websites. All hosting companies do this and a part of hosting services’ analytics. The information collected by log files include internet protocol (IP) addresses, browser type, Internet Service Provider (ISP), date and time stamp, referring/exit pages, and possibly the number of clicks. These are not linked to any information that is personally identifiable. The purpose of the information is for analyzing trends, administering the site, tracking users’ movement on the website, and gathering demographic information.

Cookies and Web Beacons

Like any other website, we uses ‘cookies’. These cookies are used to store information including visitors’ preferences, and the pages on the website that the visitor accessed or visited. The information is used to optimize the users’ experience by customizing our web page content based on visitors’ browser type and/or other information.

For more general information on cookies, please read below.

Advertising Partners Privacy Policies

You may consult this list to find the Privacy Policy for each of the advertising partners of Cherry Club Malta.

Third-party ad servers or ad networks uses technologies like cookies, JavaScript, or Web Beacons that are used in their respective advertisements and links that appear on Cherry Club Malta, which are sent directly to users’ browser. They automatically receive your IP address when this occurs. These technologies are used to measure the effectiveness of their advertising campaigns and/or to personalize the advertising content that you see on websites that you visit.

Note that Cherry Club Malta has no access to or control over these cookies that are used by third-party advertisers.

Third Party Privacy Policies

Our Privacy Policy does not apply to other advertisers or websites. Thus, we are advising you to consult the respective Privacy Policies of these third-party ad servers for more detailed information. It may include their practices and instructions about how to opt-out of certain options.

You can choose to disable cookies through your individual browser options. To know more detailed information about cookie management with specific web browsers, it can be found at the browsers’ respective websites.

CCPA Privacy Rights (Do Not Sell My Personal Information)

Under the CCPA, among other rights, Californian consumers have the right to:

Request that a business that collects a consumer’s personal data disclose the categories and specific pieces of personal data that a business has collected about consumers.

Request that a business delete any personal data about the consumer that a business has collected.

Request that a business that sells a consumer’s personal data, not sell the consumer’s personal data.

If you make a request, we have one month to respond to you. If you would like to exercise any of these rights, please contact us.

GDPR Data Protection Rights

We would like to make sure you are fully aware of all of your data protection rights. Every user is entitled to the following:

The right to access – You have the right to request copies of your personal data. We may charge you a small fee for this service.

The right to rectification – You have the right to request that we correct any information you believe is inaccurate. You also have the right to request that we complete the information you believe is incomplete.

The right to erasure – You have the right to request that we erase your personal data, under certain conditions.

The right to restrict processing – You have the right to request that we restrict the processing of your personal data, under certain conditions.

The right to object to processing – You have the right to object to our processing of your personal data, under certain conditions.

The right to data portability – You have the right to request that we transfer the data that we have collected to another organization, or directly to you, under certain conditions.

If you make a request, we have one month to respond to you. If you would like to exercise any of these rights, please contact us.

Children’s Information

Another part of our priority is adding protection for children while using the internet. We encourage parents and guardians to observe, participate in, and/or monitor and guide their online activity.

We do not knowingly collect any Personal Identifiable Information from children under the age of 13. If you think that your child provided this kind of information on our website, we strongly encourage you to contact us immediately and we will do our best efforts to promptly remove such information from our records.

COOKIE POLICY


What Are Cookies

As is common practice with almost all professional websites this site uses cookies, which are tiny files that are downloaded to your computer, to improve your experience. This page describes what information they gather, how we use it and why we sometimes need to store these cookies. We will also share how you can prevent these cookies from being stored however this may downgrade or ‘break’ certain elements of the sites functionality.

For more general information on cookies, please read “What Are Cookies”.

How We Use Cookies

We use cookies for a variety of reasons detailed below. Unfortunately in most cases there are no industry standard options for disabling cookies without completely disabling the functionality and features they add to this site. It is recommended that you leave on all cookies if you are not sure whether you need them or not in case they are used to provide a service that you use.

Disabling Cookies

You can prevent the setting of cookies by adjusting the settings on your browser (see your browser Help for how to do this). Be aware that disabling cookies will affect the functionality of this and many other websites that you visit. Disabling cookies will usually result in also disabling certain functionality and features of the this site. Therefore it is recommended that you do not disable cookies.

The Cookies We Set

Site preferences cookies

In order to provide you with a great experience on this site we provide the functionality to set your preferences for how this site runs when you use it. In order to remember your preferences we need to set cookies so that this information can be called whenever you interact with a page is affected by your preferences.

Third Party Cookies

In some special cases we also use cookies provided by trusted third parties. The following section details which third party cookies you might encounter through this site.

From time to time we test new features and make subtle changes to the way that the site is delivered. When we are still testing new features these cookies may be used to ensure that you receive a consistent experience whilst on the site whilst ensuring we understand which optimization our users appreciate the most.

More Information

Hopefully that has clarified things for you and as was previously mentioned if there is something that you aren’t sure whether you need or not it’s usually safer to leave cookies enabled in case it does interact with one of the features you use on our site.

However if you are still looking for more information then you can contact us through one of our preferred contact methods:

Email: info@cherryclubmalta.com.